Partner visa for partners of returning British expats
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Legal representation and visa support for families of British expats returning to the UK from abroad
We offer specialist immigration advice and legal representation for partners of British citizens resident overseas.
If you are living abroad with your British partner, it is important that you make an informed decision as to whether you will be relocating to the UK together or roughly at the same time, or if you will be applying to join your partner later.
The partner visa requirements, especially financial requirements, are different for partners of retuning expats. If your British partner returns to the UK first, spouse visa requirements will apply and you may have to wait for your partner to remain in the same employment for 6 months, or to complete 12 months of self-employed work in the UK if you miss the opportunity to rely on the rules applicable to families of returning expats.
These also apply to partners of persons with indefinite leave to remain and partners of EU nationals with either settled or pre-settled status who are living outside the UK but wish to return to the UK with their families.
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Visa requirements for partners of British expats returning to the UK as a family unit
The applicable requirements for a partner visa can be grouped under three headings:
- Relationship requirement (marriage, civil partnership or durable relationship akin to marriage) and intention to live together permanently in the UK
- Financial requirement (savings or income)
- Knowledge of English (A1 level in speaking and listening) unless you are a national of an English speaking country
Relationship requirement for partners of expats
Married couples have to show their marriage certificate and if there had been any previous marriages, divorce certificates also have to be shown.
Marriage certificate is acceptable as long as it is legally accepted in the country where the marriage was concluded. If the marriage certificate is not in English, it has to be translated by a professional translator and certified.
You will also need to show subsisting relationship – recent utility bills, bank account statements, rent agreement or joint ownership of property are good examples.
If you are in a civil partnership, civil partnership certificate is accepted in the same way as a marriage certificate.
For unmarried couples, the standard requirement is to show two years of cohabitation. This is normally proven by joint financial commitments, joint ownership of property or bank accounts, tenancy agreements or utility bills coming to the same address. Where this is not possible, you may have to explain why you don’t have any such items and offer alternative evidence.
If you have not been living together for the last two years, you may rely on previous periods of cohabitation and explain your circumstances in more details.
Sometimes work or family commitments demand temporary separation, and if so, you would need to show what these commitments are and provide evidence that your relationship is still subsisting.
The intention to live together permanently in the UK is normally supported by a declaration in the application form and does not usually require any additional evidence. However, if there are existing commitments outside the UK, you may need some additional evidence to show that the family home will be in the UK.
Financial requirement
Financial requirement can be met through income or savings.
The minimum income requirement is £29,000 per year.
This income may be from employment of self-employment of the British sponsor outside the UK.
In addition, the sponsor will have to show that there is a job offer in the UK offering a salary also meeting the minimum income requirement, or, if the British sponsor is self-employed outside the UK, that this self-employment will realistically continue in the UK.
Income from employment or self-employment of the non-British partner may not be taken into account, even if they are the main breadwinner in the family. Families in these circumstances may opt for the Skilled Worker visa with a view to potentially switching to the spouse visa once in the UK.
Non-employment income, such as income from pensions, rental of property, interest on savings, can belong to either applicant or the sponsor.
If you are meeting the financial requirement on the basis of savings, the required level of savings is £88,500. Savings can belong to either partner, or be held jointly. Savings don’t have to be in pounds or be held in a UK bank account. If savings are held in another currency, the conversion rate applies as of the date of application.
There are rather complex rules permitting to supplement some forms of income with savings. Income from self-employment cannot be combined with savings.
English language requirement
You will be required to show knowledge of English to at least A1 level in speaking and listening. The approved English language test providers outside the UK are:
You will need your identity document for the test. It would normally be your passport, but it can also be an EEA national’s identity card or a Convention Travel Document.
When you have passed the test, you will be given a SELT unique reference number which must be used in your visa application. You will not need any paper documents.
If you take the test at a higher level, you can rely on it in your subsequent applications for the visa extension and indefinite leave to remain. For extension application you will be required to pass A2 level test, and for indefinite leave to remain – B1, also in speaking and listening. The expiry date of the test doesn’t apply if you relied on the result in a previous application. For example, if you passed B1 test when first applying for a partner visa, you will not need to take it again for extension or ILR application.
Costs
The costs of the application are as follows:
- the visa fee is £1938,
- the Immigration Health Surcharge is £3105
- optional priority service is £500
These fees are paid in the local currency even if you are paying from a British bank account. An additional 5% is added to the standard conversion rate, so the actual amounts you will pay will be slightly higher than indicated above.
Processing time
Most applications are processed within 3 months (source: gov.uk). Optional priority service expedites the processing time and you would usually expect a decision within a month, but there is no guaranteed timeframe.
It usually helps if your application is well-prepared and the case worker has no follow-up questions or requests for additional information.
The role of legal representatives
The role of your immigration lawyer is to ensure your application has the best chance of successful outcome.
This means that for most applications immigration lawyers can give you an advance assurance that the application should be successful.
In more complex applications, where the outcome depends on the exercise of discretion on the part of the Home Office, legal representations emphasise the compelling nature of your case and encourage the decision-maker to make the right decision.
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Last updated on February 1, 2025
Last updated on February 1, 2025