Blog Post

Some Common UK Spouse Visa Mistakes You Should Avoid

Melanie Wong • Mar 25, 2024

The UK spouse/partner visa is not a cheap application to make (currently £1,846 for applications made outside the UK, and £1048 for applications made in the UK), and while the requirements may seem straightforward on paper, any mistake made can result in a refusal and application fees are non-refundable.

What applicants need to appreciate is that the case worker at the UKVI assessing your application does not take a sympathetic view to your case. Their job is to see that you can tick all the boxes i.e. satisfy all of the legal requirements. and if not, they then have to judge if there are 'exceptional circumstances' in your case as to why any of the boxes can’t be ticked.

With such a black and white decision process, you simply can’t afford to miss something in your application, which really comes down to the supporting documents you provide. Your documents must be specific to you and your partner’s circumstances and the information you are submitting in your application.

So let’s take a look at the common mistakes individuals make in regards to this:

Incorrect or Insufficient evidence for the Financial Requirement

This is the most common aspect that applicants can get wrong and thus the most common reason applications get refused. Unless the sponsor is currently receiving certain welfare benefits, applicants must evidence that their sponsor (for applications outside the UK), earns at least £29,000 gross per annum (applicants can include their own income for applications inside the UK). This can be met in the following ways:

Income from Employment;
Non-Employment Income e.g. rental income from property;
Cash Savings;
Pension;
Self-Employment Income or Income as a Director of a limited company

Providing the documents you submit can clearly demonstrate your source of income from one or (permitted) combinations of the above, the UKVI case worker will accept that you satisfy the financial requirement. What items and the type of evidence you must submit must be specific to the source of income you are relying on. The most straightforward cases are usually where it is income from employment, as documents such as employment contracts and payslips should clearly evidence this. The complexity can arise however, in cases where the applicant/sponsor has only been working for the same company less than 6 months, or they receive income as a director of a limited company, or they need to combine sources of income to meet the minimum income threshold. - These are just a few examples of where applicants fail to submit the necessary documents for the financial requirement that the case worker wants to see.

Proving your Relationship

For UK spouse or civil partner visa applications, your marriage/civil partnership must be legally recognised in the UK. Refusals can occur because some applicants believe that their marriage is legal as they had a religious marital ceremony, however these alone will not be considered by the case worker. Any marriage must be legally registered in the country it took place and you must provide evidence to support this i.e. your marriage certificate.

You must be Legally free to Marry your partner

For all UK partner visas, any previous marriages or civil partnerships of either the applicant or sponsor must have ended. In cases where either of you was married before, failing to submit evidence to confirm that you or your partner’s previous marriage has officially ended proving that you are/were free to marry your current partner, will likely result in a refusal.

Sufficient knowledge of the English Language

knowledge of english language for uk spouse visa

With very few exceptions, Applicants from non-majority English speaking countries (e.g. USA) must prove that they have a sufficient knowledge of the English language. This can be evidenced by either:

a degree or academic qualification that was taught or researched in English
by passing an approved English language test with at least a CEFR level A1 in speaking and listening

For those with a degree/academic qualification, if it was not obtained in an institute from an English majority speaking country, it needs to be recognised by Ecctis (formerly UKNARIC) as being equivalent to a UK bachelor’s degree or higher and a certificate from Ecctis will be required to prove this.

If you need to pass an English language test, it is important to note that it must be taken in a test centre that is currently approved by the UKVI (Current list can be found here). There have been instances where visa applications were refused because the test centre is no longer on the approved list of the UKVI, but did use to be in the past.

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Tuberculosis Test

Applicants may be required to take a TB Test depending on the country they are residing in/applying from. The full list of which can be found here .

Furthermore, the clinic where the test is taken must also be approved by the Home Office.

A list of Home Office approved tuberculosis test centres can be found at this link .

Also note that your TB Test is only valid for 6 months and will not be accepted by the case worker after this.

Translation of Documents

Any official supporting documents such as marriage certificates that are not in English or Welsh MUST be translated. Failure to do this can result in your application being refused. The Home Office's official rule on this is the following: Each original document must be accompanied by a full translation that can be independently verified by the Home Office. Each translated document must contain:

confirmation from the translator that it is an accurate translation of the original document
the date of the translation
the translator's full name and signature
the translator's contact details

These are some of the most common reasons that uk partner visa applications get refused, many of which can easily be avoided with careful planning or getting the right guidance. For any applicants that have concerns about their personal situation, or are confused about some of the legal requirements it is always recommended to seek professional legal advice on the matter, as simple mistakes can prove costly or cause unnecessary delays and stress to all of those involved.