If you’re planning to move to the UK to join your significant other, you might be deciding between a spouse visa and a partner visa. While these visas serve a similar purpose, there are crucial differences in eligibility, application processes, and requirements. Understanding which one suits your situation is key to a successful application.
This guide compares the UK spouse visa and partner visa, outlining the differences, requirements, and which option is best for your circumstances.
What Is a Spouse Visa?
A spouse visa, also known as a marriage visa, allows the partner of a British citizen or settled resident to live, work, and study in the UK. It’s designed for couples who are legally married or in a civil partnership.
Key Features of a Spouse Visa:
- Valid for 2.5 years with an option to extend.
- Provides access to work and study without restrictions.
- Can lead to indefinite leave to remain (ILR) after five years.
What Is a Partner Visa?
A partner visa is intended for unmarried partners who are in a long-term relationship with a British citizen or settled resident. The relationship must be genuine, subsisting, and akin to marriage or a civil partnership.
Key Features of a Partner Visa:
- Similar validity and extension options as a spouse visa.
- Requires proof of cohabitation for at least two years.
- Also leads to ILR after five years of residence.
Key Differences Between Spouse and Partner Visas
1. Eligibility Requirements
- Spouse Visa: Requires proof of legal marriage or civil partnership.
- Partner Visa: Requires evidence of a relationship akin to marriage and at least two years of cohabitation.
2. Evidence of Relationship
- Spouse Visa: Marriage or civil partnership certificates are mandatory.
- Partner Visa: Proof of shared responsibilities, such as joint bank accounts, rental agreements, or utility bills.
3. Documentation
- Both visas require similar documents, but partner visas place more emphasis on evidence of cohabitation and relationship authenticity.
4. Cultural Considerations
- Spouse visas are often more straightforward for applicants from cultures where marriage is the norm.
- Partner visas cater to modern, non-traditional relationships.
Common Requirements for Both Visas
Regardless of the type, both visas share several key requirements:
Financial Requirements
- Minimum income threshold: £18,600 annually for the sponsoring partner.
- Additional income needed for dependent children: £3,800 for the first child and £2,400 for each additional child.
- Accepted income sources: Salaries, savings, pensions, or non-employment income.
Accommodation
- Proof of adequate accommodation for both partners in the UK.
English Language Proficiency
- Applicants must pass an approved English language test or provide evidence of a degree taught in English.
- Exemptions apply for citizens of majority English-speaking countries.
Valid Immigration Status of Sponsor
- The sponsoring partner must be a British citizen, hold indefinite leave to remain (ILR), or have refugee or humanitarian status.
Documents Required for Each Visa
For a Spouse Visa:
- Marriage or civil partnership certificate.
- Evidence of cohabitation (if applicable).
- Proof of financial requirements (bank statements, payslips, savings).
For a Partner Visa:
- Evidence of cohabitation for at least two years (joint bills, tenancy agreements, photos).
- Proof of shared responsibilities (e.g., joint accounts).
Application Process for Both Visas
- Complete the Online Application Form:
- Access the UK government visa portal and choose the relevant visa type.
- Pay the Application Fee:
- £1,538 for applications outside the UK.
- £1,048 for applications within the UK.
- Add £624 per year for the Immigration Health Surcharge (IHS).
- Submit Supporting Documents:
- Upload required documents or present them at your biometrics appointment.
- Attend a Biometrics Appointment:
- Provide fingerprints, photographs, and a digital signature.
- Await a Decision:
- Standard processing takes up to 12 weeks; priority services can expedite this.
Choosing the Right Visa
When to Choose a Spouse Visa
- You are legally married or in a civil partnership with your partner.
- You can provide official documentation proving the marriage or partnership.
When to Choose a Partner Visa
- You and your partner are unmarried but have been in a long-term relationship for at least two years.
- You can provide substantial evidence of your relationship and cohabitation.
Common Challenges and How to Overcome Them
- Lack of Sufficient Documentation
- Solution: Create a detailed timeline of your relationship and compile various forms of evidence, including photos, travel records, and communication logs.
- Financial Shortfalls
- Solution: Use savings or combined income sources to meet the minimum threshold.
- Language Proficiency Issues
- Solution: Prepare and take an approved English language test or provide proof of exemption.
FAQs
1. Can I switch from a partner visa to a spouse visa?
Yes, you can switch to a spouse visa after getting married or entering a civil partnership while on a partner visa.
2. Can I include children in my application?
Yes, both visas allow dependent children, but additional income requirements apply.
3. Can I work in the UK on either visa?
Yes, both visas grant the holder the right to work and study in the UK without restrictions.
4. How long does it take to process these visas?
Standard processing times are up to 12 weeks, with faster options available for an additional fee.
Choosing between a spouse visa and a partner visa depends on your relationship’s nature and the evidence you can provide. Both options offer pathways to living, working, and building a life together in the UK. By understanding the differences and meeting the requirements, you can make the right choice and start your journey toward UK residency.