Key Points
- British citizens and those with Indefinite Leave to Remain can sponsor a partner to join them in the UK under Appendix FM, but both must be aged 18 or over, and the sponsor must earn at least £29,000 per year, a threshold that has applied since 11 April 2024.
- A fiancé visa allows an overseas partner to enter the UK for six months to marry; the couple must marry within that window before the partner can switch to a spouse visa and begin the five-year route to settlement.
- Children under 18 can be brought to the UK for settlement under paragraph 297 of the Immigration Rules. However, where only one parent is in the UK, the application must satisfy either the sole responsibility test or the serious and compelling circumstances test.
- The English language requirement progresses in stages: applicants need A1 CEFR for the initial partner visa, A2 to extend after 30 months, and B1 for the ILR application at the end of the five-year route.
- Common reasons for refusal include insufficient evidence of a genuine relationship, failure to meet the financial requirement, and incomplete documentation; a careful, well-evidenced application is the most effective way to avoid delay.
If you have ILR or British Citizenship, you can bring your partner or child to the UK if you meet the visa requirements. British citizens and those holding Indefinite Leave to Remain sit in the strongest position: both can act as qualifying sponsors under Appendix FM of the Immigration Rules, opening the five-year route to settlement for a partner or the possibility of direct settlement for a child.
Table of Contents
This article sets out the key routes, the core requirements, and the most common problems applicants encounter, so that sponsors and their family members can approach the visa application process with a clear picture of what lies ahead.
Bringing a Partner to the UK
The most common starting point for couples where one partner is overseas is entry clearance as a spouse or civil partner. Both parties must be at least 18 years old. The relationship must be genuine and subsisting, and both must intend to live together permanently in the UK. The application is made from outside the UK and decided by UK Visas and Immigration at the visa application centre in the applicant’s country of residence. Standard processing takes up to 12 weeks from the date of the biometric appointment, though in high-demand periods or complex cases some applications take longer.
For couples who are not yet married, the Fiancé Visa provides an alternative route. It permits entry to the UK for six months to marry. The applicant cannot work during this period and cannot extend the Fiancé Visa if the marriage does not take place within six months, except in genuinely exceptional circumstances in which a short further extension may be granted. Once married, the couple must apply to switch to a Spouse Visa from within the UK before the Fiancé Visa expires. Only the sponsor’s income counts for the financial requirement at this stage, since the applicant is not yet permitted to work.
Unmarried partners who have been in a relationship for at least two years can also apply under the partner route. The two-year cohabitation requirement is strictly observed: the Home Office will scrutinise evidence of shared residence, and a relationship maintained at a distance does not qualify as cohabitation for this purpose. All partner applicants, whether married, civil partners, or unmarried partners, follow the same five-year route to ILR once admitted to the UK.
The Financial Requirement
The minimum income threshold of £29,000 per year has applied to all new applications since 11 April 2024. For sponsors who first applied under the previous rules and are extending their partner’s leave with the same sponsor, the earlier £18,600 threshold continues to apply. The income must be the sponsor’s own employment income for entry clearance applications made from outside the UK, because the applicant’s overseas earnings cannot be included at that stage. Once the partner is in the UK and has leave to work, their income can be combined with the sponsor’s to meet the threshold on extension applications.
Where income falls short, savings of £88,500 held for at least six months can be used instead, either alone or alongside income to make up any shortfall. The savings must be held in a bank or savings account in the name of the sponsor, the applicant, or both, and must be immediately accessible; funds tied up in property or investments that cannot be withdrawn on demand do not qualify. Other permitted sources include self-employment income, rental income, dividends, and pension income, each with its own evidential requirements set out in Appendix FM-SE of the Rules.
Sponsors receiving certain qualifying disability or carer’s benefits, including Disability Living Allowance, Personal Independence Payment, Attendance Allowance, or Carer’s Allowance, are exempt from the income threshold entirely. In those cases, the appropriate maintenance test applies: the couple must show they can support themselves at a level equivalent to Income Support without recourse to public funds.
The English Language Requirement
Partner visa applicants must demonstrate English language ability at every stage of the application process, and the required level increases as the application progresses. For initial entry clearance or leave to remain as a partner, the minimum is A1 of the CEFR, covering basic speaking and listening. At the first extension after 30 months, the requirement rises to A2 CEFR. When applying for ILR at the end of the five-year route, applicants must reach B1 CEFR, the same standard required for naturalisation as a British citizen.
The test must be a Secure English Language Test taken with an approved provider. Applicants from the majority English-speaking countries, those with a degree taught in English confirmed by UK ENIC, and certain older applicants who qualify for an exemption are not required to take a test.
UKVI will not accept a test taken more than two years ago. You will need to retake the test.
Bringing a Child to the UK
Where both parents are British citizens or hold ILR and are present in the UK, a child under 18 can apply for Indefinite Leave to Enter from abroad under paragraph 297 of the Immigration Rules, entering the UK as a settled person from the outset. Where only one parent is settled in the UK, and the other parent is alive and resident abroad, the application becomes more complex, because the Rules do not automatically favour the child moving to the UK when another parent is available to care for them overseas.
In a single-parent case, the UK-based parent must ordinarily demonstrate sole responsibility for the child’s upbringing. The leading case of TD (Paragraph 297(i)(e): “sole responsibility”) Yemen [2006] UKAIT 00049 established that the test is not merely about physical residence or day-to-day care, but about whether the UK parent has continuing control and direction of the child’s life, including all major decisions about education, healthcare, and welfare. In my experience, even limited involvement by the other parent, such as regular contact or financial contributions, can defeat a sole responsibility claim and must be addressed carefully in the evidence.
Where sole responsibility cannot be demonstrated, an application may still succeed under the serious and compelling circumstances exception at paragraph 297(i)(f), but the threshold is deliberately high. Children are exempt from both the Life in the UK Test and the English language requirement. Where a settled parent applies under Appendix FM rather than paragraph 297, the child’s leave will be granted in step with the parent’s route, and the documentary requirements differ in certain respects from the paragraph 297 entry clearance process.
Common Reasons for Refusal
Partner visa refusals most commonly arise from failure to meet the financial requirement, insufficient evidence of a genuine and subsisting relationship, and inadequate documentation. On the financial side, the most frequent errors are using the applicant’s overseas income for entry clearance applications, where only sponsor income is permitted; relying on savings not held for the required six-month period; and providing payslips or employer letters that do not cover the period specified in Appendix FM-SE.
Relationship evidence that is too thin, too generic, or not independently verifiable carries particular risk. I always inform clients that the Home Office expects to see a consistent and credible account of how the couple met, how the relationship has developed, and why it is genuine. Photographs, travel records showing visits, written communications over time, evidence of financial interdependence, and letters from people who know the couple can all contribute to a persuasive evidential bundle.
Where a visa is refused, and human rights grounds are engaged, there is a right of appeal to the First-tier Tribunal (Immigration and Asylum Chamber). Where no human rights grounds arise, administrative review is available to challenge decisions based on a caseworker error. A fresh application with better evidence is often the most practical remedy where the initial application was simply underprepared.
Practical Guidance for Sponsors
Building a strong application requires preparation well in advance of the submission date. The financial and relationship evidence required by Appendix FM-SE is prescriptive, and assembling it properly takes time.
- Confirm the correct threshold before you start: if you are extending a partner’s leave with the same sponsor and the first application was made before 11 April 2024, the £18,600 threshold may still apply.
- For entry clearance applications from outside the UK, only the sponsor’s income counts; plan accordingly if income is close to the £29,000 threshold.
- For savings to qualify, they must have been held for at least six months in an accessible account; start accumulating and maintaining the balance well before the six-month window that will be evidenced.
- The English language test certificate must be valid on the date of application; check expiry dates before submitting.
- For child applications involving a sole parent, gather evidence of all major decisions made for the child over several years, not just recent records, because the Home Office will look for a consistent pattern of parental responsibility.
- Keep copies of all submitted documents, and retain records of all communications with the Home Office.
Frequently Asked Questions
Can I sponsor my partner if I have ILR but not British citizenship?
Yes, both British citizens and those with Indefinite Leave to Remain are qualifying sponsors under Appendix FM, so holding ILR is sufficient to sponsor a partner or child for entry to the UK, provided you also meet the financial and other requirements.
Can my partner work in the UK once they arrive on a spouse visa?
Yes, a spouse or partner visa grants full permission to work in the UK from the date of entry, and both partners’ incomes can be combined to meet the financial threshold on any extension application after the initial entry clearance stage.
How long does a child visa application take to process?
The Home Office target for in-country leave-to-remain applications for children is eight weeks. In contrast, ILR (settlement) applications are a separate category with a standard target of up to six months. However, straightforward cases are often decided sooner, and a super-priority service is available for an additional fee.
What happens if my income drops below £29,000 after my partner arrives?
You must meet the financial requirement at the time each application is made, so if income drops below the threshold before an extension or ILR application, you will need to supplement it with qualifying savings or demonstrate that an exemption applies; the Home Office does not monitor income between applications.
My child’s other parent is abroad but still involved in their life. Can I still bring my child to the UK?
Yes, but you will need to satisfy the Home Office that you have sole responsibility for the child’s upbringing, which is more difficult where the other parent is actively involved in major decisions, or that there are serious and compelling circumstances that make the child’s exclusion from the UK undesirable; specialist legal advice is worth obtaining before submitting the application.
What is the minimum income required to sponsor a partner visa?
For new applications made on or after 11 April 2024, the minimum gross annual income is £29,000. Sponsors who obtained a partner visa before that date and are extending or settling with the same partner may still be assessed against the £18,600 threshold. Cash savings of £88,500, held for at least six consecutive months, can be used as an alternative where earned income is insufficient.
Can I use savings instead of a salary to meet the financial requirement?
Yes, savings of at least £88,500 held in a qualifying account for a minimum of six consecutive months can satisfy the financial requirement in place of earned income. The savings must be in the sponsor’s name, the applicant’s name, or held jointly. Savings cannot be combined with self-employment income to reach the threshold.
Does my partner need to speak English to come to the UK?
Yes, most applicants for a spouse, civil partner, fiancé(e), or unmarried partner visa must demonstrate English language ability at A1 CEFR level in speaking and listening before entry clearance is granted. On the first extension, the requirement rises to A2 CEFR. At the indefinite leave to remain stage, applicants must meet B1 CEFR and pass the Life in the UK Test. Nationals of majority English-speaking countries and those holding a degree taught entirely in English are generally exempt from the initial A1 requirement.
How long does a spouse visa last?
An initial spouse visa is granted for 30 months. It can be extended for a further 30 months. After five years on the family route, an applicant may apply for indefinite leave to remain, subject to meeting the Life in the UK Test, the B1 CEFR English language requirement, and demonstrating that the relationship remains genuine and subsisting.
Can I bring a child who is not my biological child?
Yes, an adopted child or a child for whom you hold legal guardianship may qualify, provided the adoption or guardianship is recognised under UK immigration law. Intercountry adoptions require additional documentation and, in many cases, prior Home Office approval under the Adoption and Children Act 2002 before the child travels to the UK. Specialist legal advice is strongly recommended at an early stage.
What visa does my child need to come to the UK?
The visa category depends on your immigration status. A British citizen or person holding indefinite leave to remain may apply for their child to receive indefinite leave to enter. A parent on a temporary visa may bring their child as a dependent for leave of the same duration. In all cases, the child must be under 18, unmarried, and financially dependent. Applications are made under Appendix FM of the Immigration Rules or, where the parent is settled outside the partner route, under paragraph 297.
My child has been living with relatives abroad. Can I still bring them to the UK?
Yes, provided you can show you have maintained sole responsibility for the child’s upbringing throughout the separation, or that serious and compelling family reasons make it undesirable for the child to remain abroad. Living with relatives does not automatically result in refusal. The question is whether real parental responsibility has been exercised, not merely whether the child has been physically present with you.
Does my child need to attend a biometric appointment?
Yes, children applying from outside the UK must go to a visa application centre in their country to provide biometric data, which includes fingerprints and a photograph, and to submit supporting documents. Children aged five or under usually do not need to give fingerprints, but they still need to attend the appointment.
Can my child apply for ILR once I have indefinite leave to remain?
Yes, once a parent holds ILR or British citizenship, a dependent child may apply for indefinite leave to enter or remain. Both parents must be settled or deceased, or the applying parent must have sole responsibility for the child. From 9 April 2025, the ILR fee is £3,029 per applicant.
What is the best visa route to bring my wife to the UK?
A spouse visa under Appendix FM of the Immigration Rules is the appropriate route. It grants 30 months’ leave with the right to live, work, and study in the UK. After extending for a further 30 months and completing five years on the family route in total, an application for indefinite leave to remain becomes available. You must earn at least £29,000 per year, or hold £88,500 in savings held for six months, provide suitable accommodation, and show that your marriage is genuine.
Can I bring my girlfriend to the UK if we are not married?
Yes, two routes are available. If you have been in a genuine and ongoing relationship for at least two years, she can apply for an unmarried partner visa carrying the same rights and duration as a spouse visa. If you plan to marry in the UK within six months of her arrival, she may apply for a fiancé(e) visa. Fiancé(e) visa holders cannot work while in the UK on that route, but may switch to a spouse visa from within the UK once the marriage has taken place.
What documents prove a genuine relationship for a partner visa?
The Home Office looks for a complete picture based on several types of evidence. For spouse applications, a marriage or civil partnership certificate is required. All partner applications are stronger with financial records that show a shared life, such as joint bank statements, utility bills, or a joint tenancy. Travel records, photos taken together over time, and records of regular communication also help. Usually, one type of evidence alone is not enough.
What visa does my Filipina wife need to come and live with me in the UK?
Your wife will need to apply for a spouse visa under Appendix FM of the Immigration Rules, applying online and attending a biometric appointment at a visa application centre in the Philippines. Any Philippine documents, such as a PSA-issued marriage certificate, must be professionally translated into English. You must demonstrate that the marriage is genuine, meet the £29,000 income threshold or hold £88,500 in qualifying savings, and show that you have suitable accommodation in the UK.
Does a Filipina applicant need to take an English language test?
Yes, the Philippines is not classified as a majority English-speaking country for UK immigration purposes. Your wife must pass a Home Office-approved Secure English Language Test at A1 CEFR level in speaking and listening before her initial spouse visa is granted. The requirement rises to A2 CEFR at the first extension and to B1 CEFR at the indefinite leave to remain stage. Academic qualifications taught in English do not substitute for the A1 SELT requirement for Philippine nationals.
Can my Filipina girlfriend come to the UK on a fiancé(e) visa?
Yes, if you plan to marry in the UK within six months of her arrival, a fiancé(e) visa is available. She must show she intends to leave if the marriage does not take place, and you must meet the £29,000 income threshold or savings alternative. She cannot work on the fiancé(e) visa but may switch to a spouse visa from within the UK after the wedding. The application fee from the Philippines is £1,938 from 9 April 2025.
How long does it take to get a UK spouse visa from the Philippines?
Applications from the Philippines typically take 12 to 24 weeks to process from the biometric appointment date. The Home Office does not guarantee these timescales, and cases requiring further information can take longer. Priority processing is available in Manila and aims to return a decision within approximately 30 working days.
What are the visa options for bringing my Chinese wife to the UK?
For a Chinese national who is married to a UK sponsor and wishes to settle, the spouse visa under Appendix FM of the Immigration Rules is the correct route. If you are engaged and plan to marry in the UK within six months, a fiancé(e) visa is available. A Standard Visitor Visa permits entry for up to six months for a short visit, but does not lead to settlement and does not permit work. All applications must be submitted at the UK visa application centre in China.
Do Chinese nationals need an English language test for a spouse visa?
Yes, China is not a majority English-speaking country for UK immigration purposes, so a Chinese national applying for a spouse or partner visa must pass an approved English language test at A1 CEFR level. The A2 requirement applies at the first extension and B1 at the indefinite leave to remain stage. The exemption for applicants with a degree taught entirely in English is interpreted strictly and does not generally apply at the A1 stage for Chinese nationals.
What documents from China need to be translated for a spouse visa?
All documents not in English must be professionally translated by a qualified translator who includes a signed statement of their qualifications and confirms the accuracy of the translation. For Chinese applicants, this typically covers the marriage certificate issued by the Civil Affairs Bureau, any divorce certificates, birth certificates for children to be included, and financial documents such as bank statements. Translations must be accurate and complete.
Can my Chinese girlfriend visit the UK on a tourist visa before we make a longer arrangement?
Yes, a Standard Visitor Visa allows entry for up to six months. The application requires evidence that she intends to leave at the end of her visit, that she can support herself financially, and that she has genuine ties to China. Where the Home Office concludes from the circumstances that the applicant intends to settle, the visa may be refused or a subsequent application declined. A Standard Visitor Visa makes no contribution to any route to permanent residence.
After five years on a spouse visa, can my Chinese wife apply for British citizenship?
Citizenship does not follow directly from five years on a spouse visa. The pathway is: five years on the family route, then indefinite leave to remain, then an application for British citizenship after holding ILR for at least 12 months. At the citizenship stage, she must also satisfy the residency requirements in the British Nationality Act 1981, meet the good character requirement, and pass the Life in the UK Test. The minimum period from entry on a spouse visa to eligibility for citizenship is six years, assuming applications are made promptly, and there are no gaps in lawful leave.
Get Expert Advice
At Gulbenkian Andonian Solicitors, our immigration team has more than 35 years of experience helping people with UK family visa applications. Whether you are bringing a spouse from the Philippines, a partner from China, a child from abroad, or a husband or boyfriend to the UK, we can guide you through the process, assist with preparing your application, and support you if any difficulties arise.
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Dr Bernard Andonian is the Co-Founder of Gulbenkian Andonian Solicitors and a leading authority in UK immigration, human rights, family and civil litigation law. With over 40 years of experience, he brings a wealth of legal knowledge and courtroom expertise. A former Judge and a recipient of a PhD in Law from the University of West London, Dr Andonian has served on the Law Society’s Immigration Law Panel, where he played a key role in shaping national legal standards. His name is featured in the Legal 500 Hall of Fame, recognising his consistent excellence and influence in the field. Known for his practical approach and deep understanding of immigration law, he is frequently consulted for commentary on policy changes and legal reform.