Spouse Visa: Limited Leave to Remain Partner

Here is a summary for Limited Leave to Remain as the partner of a British citizen or settled person in the UK. This is a general summary that will differ from applicant to applicant.

When an applicant is in the UK on their Leave to Enter visa as a fiancé(e) and has since married their British citizen partner, they may be eligible to apply for an extension of their stay in the UK (also called Limited Leave to Remain) as a spouse partner. This extension application must be made before the applicant’s Leave to Enter visa expires. This article outlines the key suitability and eligibility requirements, supporting documents, and the application process for a typical five-year route to settlement.

Suitability Requirements

Must not meet grounds for refusal (e.g. criminality, deception, or owing £500 or more to the National Health Service).

Eligibility Requirements

To qualify, the following requirements must be met:

• Both parties must be in the UK to make an application.

• Provide proof of identity (e.g., passport).

• Provide proof that their partner is a British citizen or is present and settled in the UK.

• Prove a genuine and subsisting relationship with their partner, both over 18, not within the prohibited degree of their relationship, must have met each other in person, intend to continue living together permanently in the UK and prove that any previous relationship has broken down and provide a wedding certificate.

• Meet the financial requirements (£29,000 annual income, with alternatives available).

• Proof that there is sufficient accommodation in the UK for both applicants without having a claim to public funds.

• Satisfy the English language requirements by taking an approved English language test in speaking and listening and passing it at a minimum level of A1 of CEFR.

Supporting Documents

Couples must show concrete evidence of their relationship’s duration, any cohabitation, shared financial responsibilities, having visited each other’s families, and practical arrangements for life in the UK together. Evidence may include (but not limited to) documents such as:

• Criminality: Details of any criminal convictions.

• TB: A Tuberculosis certificate (if required).

• Identity: Passports, birth certificates, previous visas, Trave ID’s and National Insurance Numbers.

• Relationship: Written statement about the relationship and future plans, details of countries lived in outside the UK, travel history, communication and photo records, reference letters, proof of family life, valid marriage certificate, pictures of wedding ceremony.

• Financials: Payslips, bank statements, letter from employer, other nonemployment income, statutory pay, savings. Further documentation is required for self-employment.

• Accommodation: Details of adequate accommodation in the UK such as a tenancy agreement, utility bills, council tax, etc.

• English: Home Office-approved test certificate at a minimum of Level A1 in speaking and listening.

Application Process

• Apply online and make the Home Office fee.

• Submit supporting documents.

• Attend a biometrics appointment.

• If successful, receive leave for an initial period not exceeding 33 months on the 5-year route to settlement (right to work with no recourse to public funds).

• Before the visa expires, apply for Further Leave to Remain as a Spouse for a further 30 months. After 30 months, the applicant may be eligible to apply for Indefinate Leave to Remain and later British citizenship.

Note: This article is for general awareness only and does not constitute legal advice. Immigration laws change frequently, so consult a registered immigration adviser before applying. UK Immigration law is considered one of the most rapidly evolving legal areas due to frequent policy changes, so parts of this article may be superseded after this publication date.