Applying for a UK Spouse / Partner Visa can feel overwhelming, especially when much of the information online is outdated, oversimplified, or simply incorrect. At JPS Immigration Lawyers, we regularly speak to couples who have been misled by common myths — often putting their application at risk.
In this article, we clarify some of the most widespread misunderstandings about the UK Spouse Visa and explain what the Home Office actually looks for when deciding an application.
Myth 1: You Must Leave the UK to Apply for a Spouse Visa
Many people assume that all spouse visa applications must be made from outside the UK. This is not always true. Depending on your current immigration status, you may be eligible to switch to a spouse visa from within the UK. The correct route depends on the type of visa you currently hold and whether switching is permitted under the Immigration Rules.
Myth 2: A Marriage Certificate Is Enough Proof
A marriage or civil partnership certificate is required — but it is only the starting point. The Home Office focuses heavily on whether your relationship is genuine and ongoing. This usually means providing additional evidence such as shared financial responsibilities, communication history, travel records, and photographs together over time.
Myth 3: Any English Language Test Is Accepted
Only Home Office-approved English language tests meet the spouse visa requirements. Even if you have passed an English test before, it may not be valid for immigration purposes. Some applicants may be exempt altogether, but this depends on nationality, qualifications, or personal circumstances.
Myth 4: A Short Relationship Automatically Means Refusal
There is no minimum relationship length required by UK immigration law. What matters is whether the relationship is genuine, subsisting, and properly evidenced. Some long-term relationships fail due to weak documentation, while newer relationships succeed because the evidence is clear and consistent.
Myth 5: Religious or Cultural Marriages Are Always Recognised
Not all marriages are legally valid for UK immigration purposes. A religious or customary ceremony must be legally recognised in the country where it took place and meet UK standards. If a marriage is not legally valid, the application may fail even if the relationship itself is genuine.
Myth 6: Financial Evidence Can Be “Roughly” Correct
The financial requirement is one of the most technical parts of a spouse visa application. Income must be clearly documented, correctly calculated, and supported by specific evidence. Even small errors — such as missing payslips or incorrect dates — can result in refusal. We have seen couples approach us as they were refused their Spouse visa all because the sponsors income had a shortfall of £5. The Home Office rules for calculating income is very precise and various and highly complex income calculations and formulas are used depending on the type of income category the UK Sponsor wishes to use.
Myth 7: The Income Requirement Is Still £18,600
This is outdated information. The minimum income threshold for spouse visas has increased to £29,000. Using old figures is a common and costly mistake. Applicants must always ensure they are relying on the current financial rules at the time of application. Certain applicants who applied under the older Spouse visa rules in place prior to 11 April 2024 may qualify under the £18,600 income criteria.
Myth 8: Legal Advice Is Optional
While legal representation is not mandatory, spouse visa refusals often arise from misunderstandings of the rules rather than ineligibility. Immigration law changes frequently, and professional guidance can significantly reduce the risk of errors, delays, or refusals.
Why Accurate Information Matters
A UK Spouse Visa application is not assessed on emotion or intention — it is assessed on evidence and compliance. Believing myths can result in incomplete applications, unnecessary refusals, or prolonged separation from your partner.
At JPS Immigration Lawyers, we focus on presenting your case clearly, lawfully, and persuasively in line with the latest Immigration Rules.
UK Spouse Visa – Frequently Asked Questions (FAQs)
How long does a UK spouse visa last?
A first spouse visa is usually granted for 33 months. After this, you can apply for an extension, and later for Indefinite Leave to Remain (ILR), provided you continue to meet the requirements.
Can I work in the UK on a spouse visa?
Yes. A UK spouse visa allows you to work and study without restriction.
What happens if my spouse visa is refused?
Depending on the reason for refusal, you may be able to submit a new application, request an administrative review, or appeal. Legal advice is strongly recommended before taking further steps.
Do we need to live together before applying?
There is no strict requirement to have lived together, but you must demonstrate a genuine relationship and clear intention to live together permanently in the UK.
Is there an interview for a spouse visa?
Interviews are not guaranteed but can be requested by the Home Office. If required, the interview focuses on the authenticity of the relationship and consistency with your application.
Can children be included in a spouse visa application?
Children can apply as dependants, but they must meet separate eligibility requirements and provide appropriate documentation.
How JPS Immigration Lawyers Can Help
Spouse visa applications are detail-driven and unforgiving of mistakes. Our team at JPS Immigration Lawyers provides tailored advice, thorough document checks, and end-to-end support to give your application the best possible chance of success.
Contact JPS Immigration Lawyers today for expert guidance on your UK Spouse Visa application.
