The UK Spouse Visa Requirements in 2026 [STEP-BY-STEP]
The following are the UK spouse visa requirements in 2026:
- The applicant must submit a valid application
- The applicant meet the suitability requirements
- The applicant must meet the English language requirements
- The applicant must meet the immigration status requirements (if you are applying from inside the UK)
- The applicant may need to meet the tuberculosis (TB) requirement (if they are applying from outside the UK in certain situations)
- The applicant and sponsor must meet the relationship requirements
- The applicant and/or sponsor must meet the financial requirements
- The application must meet the accommodation requirements
We will now discuss these requirements in more detail.
The applicant must submit a ‘valid application’
The applicant must submit a ‘valid application’To submit a valid application, you must:
- Complete the required sections of the UK spouse visa application form;
- Pay the UK spouse visa fees in 2026;
- Pay the Immigration Health Surcharge (IHS);
- Submit an approved proof of identity (a passport is usually submitted to satisfy this);
- Provide biometric information when asked (these include fingerprints, photos, and signatures, which are normally taken at the visa centre appointment).
Each of the above needs to be done, otherwise the Home Office will treat your application as if you did not submit a UK spouse visa application at all.
Example
A UK spouse visa extension application was submitted on 1 January 2026 by paying the Home Office fee online.
The biometric appointment was booked for 1 February 2026. On 20 January 2026, the applicant realised the application had been submitted too early.
As explained in our When to Submit a UK Spouse or Partner Visa Application? article, spouse visa extensions must be submitted within a specific timeframe.
Because biometric information had not yet been provided, the application was not valid.
As long as the applicant does not attend the visa centre appointment, no issues should arise from the early submission.
A note to those applying for a spouse visa from inside the UK
If you are applying from inside the UK, meeting the valid application requirements is crucial. An invalid application can result in overstaying your visa or leave.
We now turn to Section 3C extensions, which are relevant for in-country applicants.
“What are Section 3C extensions?”
Section 3C extensions are only relevant to applicants applying from inside the UK.
A common concern for in-country applicants is whether their visa will expire while the Home Office is still deciding the application.
Under Section 3C, as long as the applicant: submits the spouse visa application before their current visa expires; and submits a valid application, they are legally allowed to remain in the UK under the conditions of their existing visa while the application is pending or until it is withdrawn.
However, if the applicant applies from inside the UK, applies before their visa expires, but does not submit a valid application, any time spent in the UK after the visa expiry may be treated as unlawful residence.
This can lead to serious consequences, including removal from the UK or a future ban. For this reason, it is essential to understand these rules and ensure that the application submitted is valid.
The applicant must satisfy the suitability requirements
The applicant must satisfy the suitability requirementsIn short, these requirements assess whether anything in the applicant’s character, conduct, or immigration or criminal history makes them unsuitable for a visa.
Situations in which the application will be refused
#1 There are applicable exclusion, deportation order or travel ban grounds.
#2 The applicant’s presence in the UK is not conducive (i.e., beneficial) to the public good because of their conduct, character, associations or other reasons.
#3 There are relevant exclusions from asylum or humanitarian protection grounds.
#4 The applicant has been convicted of a criminal offence in the UK or overseas for which they have received a custodial sentence of 12 months or more.
#5 The applicant is a persistent offender who shows a particular disregard for the law.
#6 The applicant has committed a criminal offence, or offences, which caused serious harm.
#7 The applicant’s parent or parent’s partner poses a risk to the applicant.
#8 The applicant has used deception by making false representations or providing false documents or information in the application, or by not disclosing relevant facts in relation to the application.
#9 There are medical reasons resulting in it being undesirable to grant entry clearance, unless there are strong compassionate reasons justifying admission.
Situations in which the application may be refused
#1 The applicant has been convicted of a criminal offence in the UK or overseas for which they have received a custodial (i.e., prison) sentence of less than 12 months.
#2 The applicant has been convicted of a criminal offence in the UK or overseas for which they have received a non-custodial sentence, or received an out-of-court disposal that is recorded on their criminal record.
#3 Where it is more likely than not that the applicant is, or has been, involved in a sham marriage or sham civil partnership.
#4 Where the applicant or third party, in relation to the application, has made false representations or provided false documents or false information in relation to the application (whether or not relevant to the application, and whether or not to the applicant’s knowledge).
#5 Where the applicant or third party did not disclose relevant facts in relation to the application.
#6 Where the applicant, without reasonable excuse, fails to comply with a reasonable requirement to attend an interview, provide information or biometrics, undergo a medical examination or provide a medical report.
#7 The applicant has failed to pay charges under relevant NHS regulations on charges to overseas visitors, and the outstanding charges have a total value of at least £500.
#8 A medical inspector advises that, for medical reasons, it is undesirable to grant entry to the person.
#9 The applicant has failed to pay litigation costs awarded to the Home Office.
Breaches of immigration law
An application can be refused if there has been a breach of UK immigration law, such as overstaying, breaking visa conditions, or entering illegally.
Refusal is mandatory if the application falls within a re-entry ban period. These bans range from 12 months to 10 years, depending on how the person left the UK and whether deception or removal was involved.
Outside these periods, refusal is discretionary. Some overstays are disregarded, including short overstays, late applications with good reason, overturned refusals, and certain COVID-19, BN(O), or exceptional assurance concessions.
With the above being said, the suitability requirements only directly affect a minority of applications.
If you think that one of the above may be relevant to your application, you should consult with an experienced immigration advisor.
The applicant and sponsor must satisfy the relationship requirements
The applicant and sponsor must satisfy the relationship requirements#1 The applicant and sponsor must be aged 18 years or over.
#2 The applicant must fall within a definition of a “partner” in the Immigration Rules.
The definition of a “partner” includes the following relationships:
- Married partners;
- Civil partners;
- Fiancé(e) or proposed civil partners; or
- Unmarried partners (Partners who have been in a relationship similar to marriage or civil partnership for at least two years before the date of application).
(ii) Civil partner visa applications
The requirements for a civil partner are the same as for a married partner, in all but name.
The only real difference is that a valid civil partnership certificate must be provided instead of a marriage certificate.
Our step-by-step application guide for out-of-country applications can be found here.
Our step-by-step application guide for in-country applications can be found here.
(iii) Fiancé(e)/proposed civil partner visa applications
Our step-by-step guide can be found in our UK fiance visa 2026 article.
(iv) Unmarried partner visa applications
Our step-by-step unmarried partner visa guide can be found in our UK unmarried partner visa article.
#3 You must demonstrate that:
- Your relationship falls into one of the above definitions; and
- Your relationship is genuine and subsisting.
We elaborate more on the genuine and subsisting relationship requirement in the YouTube video at the top of this page.
#4 The sponsor (also known as the ‘UK partner’) must be one of the following:
- A British or Irish Citizen; or
- Present and settled in the UK; or
- Someone who has been granted Settled Status under the EU Settlement Scheme; or
- Someone from the EU, Switzerland, Norway, Iceland or Liechtenstein with pre-settled status under the EU Settlement Scheme (& started living in the UK before 1 January 2021); or
- Holds the immigration status of having either refugee status or humanitarian protection in the UK;
- A person who is in the UK with limited leave as a worker or business person under Appendix ECAA Extension of Stay;
- A person in the UK with permission as a Stateless person.
“What does ‘settled’ mean?”
Settled here includes those who have either:
- Permanent residency under EU law; or
- Indefinite Leave to Remain under UK immigration law.
“What about the ‘present’ requirement? My partner lives outside of the UK with me. Do I still meet this requirement?”
This requirement does generally not cause issues – even for sponsors who have been living overseas.
Where the sponsor lives outside of the UK and has expressed that they will be returning to the UK with the applicant if the application is successful, they will generally be treated as being ‘present’ in the UK.
#5 Both the applicant and sponsor must intend to live together permanently in the UK.
For first-time partner visa applications, this usually only becomes an issue if the application suggests otherwise, such as one partner stating an intention to live outside the UK.
For extensions, the requirement may be questioned if the couple has spent long periods apart or outside the UK.
The Immigration Rules do not set a fixed limit on time spent outside the UK. Rather, this is assessed in light of the application as a whole – taking into account the duration and reason(s) for the absences from the UK.
#6 The applicant and sponsor’s relationship must not fall within the prohibited degree of relationship.
This essentially means that the applicant and sponsor cannot be immediate family members.
#7 You must also prove that:
- Your marriage or civil partnership is valid (if you are applying as a married or civil partner); or
- You are engaged, free to marry and are seeking entry to the UK to enable your marriage to take place within six months of entry in the UK (if you are applying as a fiancé(e)); or
- You have been in a relationship similar to marriage or civil partnership for at least two years (if you are applying as an unmarried partner).
#8 Any previous relationships of both the applicant and sponsor have broken down permanently.
Previous legally recognised relationships must be evidenced appropriately.
For example, previous divorces of the applicant and/or UK partner must be evidenced by submitting a copy of a decree absolute (or overseas equivalent).
The applicant and/or sponsor must satisfy the financial requirements
The applicant and/or sponsor must satisfy the financial requirementsThe spouse visa financial requirements for applications made from inside and outside the UK are similar and can be found in Appendix FM and Appendix FM-SE of the Immigration Rules.
PLEASE NOTE
The UK spouse visa financial requirement in 2026 is something that many partners, unfortunately, underestimate because:
- You need to know how you meet the financial requirement;
- You need to know the rules regarding including and combining certain incomes; and
- You need to know the specific rules regarding financial documentation.
We have a dedicated article on the financial requirement article here.
“What if I do not meet the financial requirement when I submit the UK spouse visa application?”
In-Country applications
If the application is being made from inside the UK, the financial requirement will not need to be met if a paragraph EX.1. exception applies.
“What is the paragraph EX.1. exception?”
The paragraph EX.1. exception applies where you have a genuine and subsisting relationship with a child (aged 18 or under, or aged 18 or under on the date of application) or with your spouse (partner), in one of the two specific situations below.
The two situations can be quite difficult to meet and there can be a lot of relevant laws regarding who can qualify under the paragraph EX.1. Exception.
Because of this, we will only briefly touch on it here.
Situation 1 – Where it is unreasonable to expect a child to leave the UK
In the case of a child who is living in the UK, it would be unreasonable to expect the child to leave the UK.
The relevant child must:
- Be a British Citizen; or
- Is living and has been living in the UK continuously for at least the past 7 years.
Situation 2 – Insurmountable circumstances
‘Insurmountable circumstances’ here will mean you cannot continue your family life with your spouse (partner) outside of the UK.
It is important to note that this standard is rather high and difficult to satisfy.
If either of the two exceptions applies, you will be eligible to apply for Indefinite Leave to Remain (ILR) in the UK after 10 years rather than the standard 5-year qualifying period.
If neither of the exceptions applies, discretionary leave may be granted on the 10-year route if denying the application would violate the right under Article 8 of the European Convention of Human Rights which guarantees the right to private and family life. “Exceptional circumstances” would be required here as this is a rather high threshold.
Out-of-Country applications
The paragraph EX.1. exception explained above does not apply to applications submitted outside of the UK.
However, if denying the out-of-country application would violate their right under Article 8 of the European Convention of Human Rights, discretionary leave may be granted under the 10-year route. “Exceptional circumstances” would be required here as this is a rather high threshold.
[/box]For a detailed account of the financial requirements for both out-of-country and in-country applications, please see our UK spouse visa financial requirements in 2026 article. In that article, we break down the financial requirement into the following steps:
- What is the minimum income required for your application?
- What income can you use to meet the financial requirement?
- What Category is your income?
- How exactly do you calculate your income?
- Can you combine different sources of income?
- What financial documents do you need to submit for your UK spouse visa?
The application must satisfy the adequate accommodation requirements
The application must satisfy the adequate accommodation requirementsThe spouse visa adequate accommodation requirement for both out-of-country and in-country applications can be found at E-ECP.3.4. and E-LTRP.3.4. of Appendix FM.
Accommodation cannot be prospective. Therefore, the Immigration Rules will require you to provide documentation to show that there will be adequate accommodation for the family living in the same household – even if not included in the application – without recourse to public funds.
Adequate accommodation is accommodation which is not overcrowded and complies with public health regulations.
In-Country applications
For in-country applications, however, the accommodation requirement does not need to be met if paragraph EX.1. of Appendix FM applies (which will result in having to meet a 10-year qualifying period before applying for Indefinite Leave to Remain rather than the standard 5-year qualifying period).
We discussed the paragraph EX.1. exception earlier in this article here.
Out-of-Country applications
For out-of-country spouse visa applications, the accommodation requirement must be met or the visa application will most likely be refused.
The paragraph EX.1. exception (discussed in this article here) does not apply to out-of-country applications.
The applicant must satisfy the English language requirements
The applicant must satisfy the English language requirementsOut-of-Country applications
The English language requirement can be found under the heading “Section E-ECP: Eligibility for entry clearance as a partner – English language requirement” in Appendix FM of the Immigration Rules.
The applicant can demonstrate that they satisfy the English language requirement in one of thes following ways:
#1 By being a national of a majority English-speaking country.
The following are majority English-speaking countries:
- Antigua and Barbuda;
- Australia;
- the Bahamas;
- Barbados;
- Belize;
- The British Overseas Territories;
- Canada;
- Dominica;
- Grenada;
- Guyana;
- Jamaica;
- Malta;
- New Zealand;
- St Kitts and Nevis;
- St Lucia;
- St Vincent and the Grenadines;
- Trinidad and Tobago; or
- The United States of America.
#2 By passing a Secure English Language Test (SELT) in speaking and listening at a minimum of level A1 of the CEFR with a Home Office approved provider.
#3 By holding either:
- An English-taught Bachelor’s, Master’s or PhD degree awarded by an educational establishment in the UK; or
- An English-taught qualification taught outside the UK that is deemed by Ecctis to meet or exceed the recognised standard of a Bachelor’s, Master’s or PhD degree in the UK.
#4 By being exempt.
The following are generally exempt from the English language requirement:
(i) Applicants aged 65 or over;
(ii) Applicants who have a disability (physical or mental condition) which prevents them from meeting the English language requirement; or
(iii) Applicants who have exceptional circumstances which prevent them from being able to meet the requirement before entry to the UK.
In-Country applications
For applications that are made inside the UK, the relevant rules can be found under “Section E-LTRP: Eligibility for limited leave to remain as a partner – English language requirement” in Appendix FM of the Immigration Rules.
There are two main differences when compared to out-of-country applicants.
#1 Spouse (partner) visa applicants will be required to pass level A2 of the English test if they are extending their previously issued partner visa after at least 30 months in the UK and are applying for an FLR(M) visa based on their relationship.
#2 The English language requirement for in-Country applications does not need to be met if the paragraph EX.1. exception applies.
The paragraph EX.1. exception does not apply to applications that are made from outside the UK.
The applicant must satisfy the Immigration Status requirements (if you are applying from INSIDE the UK)
The applicant must satisfy the Immigration Status requirements (if you are applying from INSIDE the UK)Most applicants already in the UK would probably prefer to extend their stay and submit an application for further leave to remain – also known as the FLR(M) application – from inside the UK.
Applying from inside the UK has certain benefits:
- The FLR(M) and spouse visa extension fees and costs in 2026 are cheaper;
- There is no tuberculosis (TB) test requirement;
- Applicants will normally be able to contribute their employment and self-employment earnings towards the financial requirement (depending on their current visa); and
- For applicants already in the UK, it is far more convenient to apply from within the UK rather than returning to their home country to submit the application.
However, not every applicant is entitled to submit an FLR (M) application from inside the UK.
The reasons for this can be found under “Section E-LTRP: Eligibility for limited leave to remain as a partner – Immigration status requirements” in Appendix FM of the Immigration Rules.
In a nutshell, the applicant cannot apply to extend their stay in the UK using the FLR(M) application if:
- they are in the UK as a visitor, or
- they were granted a visa in any other category for 6 months or less (except if they are in the UK on a fiancé(e) or proposed civil partner visa); or
- they are on immigration bail (unless they arrived in the UK more than 6 months before the date of their spouse visa application); or
- they are in breach of any of the Immigration Rules (unless there are exceptional circumstances or the period of overstaying is permitted – remember Section 3C which we discuss here)
So, this essentially means that it is mainly only those individuals who are in the UK on a long-term visa that can submit an FLR (M) application from inside the UK.
“I am in the UK as a non-visa national. Can I apply from inside the UK?”
Those who are in the UK due to their non-visa national status must return to their home country and then submit an out-of-country application.
The applicant may need to satisfy the Tuberculosis (TB) requirement
The applicant may need to satisfy the Tuberculosis (TB) requirementIn-Country applications
Partner visa applicants who are making an in-country application will not need to take a Tuberculosis (TB) test.
Out-of-Country applications
If you are making the spouse (partner) visa application from outside the UK, the applicant may have to take a TB test if:
- They have been continuously present in any of the listed TB countries for 6 months or more; and
- They have been present (for any length) in any of the listed TB countries within the 6 months before submitting the application.
Diplomats accredited to the UK are exempt from Tuberculosis testing and do not need to provide a TB certificate.
If the test shows that the applicant is free from Tuberculosis, they will be provided with a certificate that you must submit in the spouse visa application.
The certificate that will be issued to the applicant will be valid for 6 months.
“What about children?”
All applying children (who satisfy the above two bullet points) of an out-of-country application must see a doctor who will decide if they need a chest X-ray.
Children under 11 years of age will not normally be tested, however.
Children who are not applying will not need to take a TB test.
If you have dependant children who are also applying, you must take the child (or children) to an approved clinic and complete a health questionnaire.
If the results show that they do not have TB, you will be issued a TB certificate, which must be included as part of the visa application.
UK Spouse visa requirement FAQs
UK Spouse visa requirement FAQsWhen do the spouse visa requirements have to be met?
The spouse visa requirements have to be met on the ‘date of application’. The date of application is the date that you pay the Home Office fees on the online application.
Is there a requirement to continually satisfy the requirements for the duration of the visa?
No. There is no requirement to continually satisfy all of the requirements for the duration of the visa. What matters is that the requirements are met when you pay the fees on the online application.
What is the most challenging spouse visa requirement?
The financial requirement is often the most challenging aspect of a spouse visa application. This is largely due to the Home Office's overly strict approach to financial documentation.
What happens if I do not meet all the requirements?
If you fail to meet all the requirements, your application is likely to be refused..
Summary
Given the importance of the spouse visa, please take the time to thoroughly understand its requirements, especially since they are strict and highly specific in certain areas.
As an Immigration Advice Authority (IAA) regulated immigration law firm specialising in UK spouse and partner visas, we are well-equipped to help.
Our full legal representation service involves our advisors processing your case from start to finish. This service is primarily offered by Ed Lowe (who worked in the heart of the Home Office for 20+ years). Ed works alongside Wendy Foy and Matthew French – both of whom also worked for the Home Office.
