Since starting TheVisaGirl account on TikTok, I have had hundreds and hundreds of questions come through in just a couple of weeks. I cannot go into full legal detail in a blog like this, but I wanted to share some clear, high level answers that may help point people in the right direction.
Q1: I’m a US national who married my British husband two months ago in Fiji! My job as a lawyer is willing to transfer me to the UK so we can live together in London. What should I be looking at and which visa is right for me?
In this situation, you are usually deciding between a work based visa and a partner route, and the distinction matters.
A work-based visa is tied directly to your employment. Whether this is viable depends on whether the UK entity holds a sponsor licence and is genuinely willing to sponsor you. The UK salary being offered, and your overall taxable income, should also be considered as part of your long-term planning, particularly in light of the government’s proposed changes to settlement rules currently under consultation. For some individuals, particularly higher earners, this can be a sensible route. However, there is risk. If you lose your job, your visa status is affected. While you can often switch into a partner route from inside the UK if you are eligible, your settlement clock resets. Time spent on a Skilled Worker visa does not usually count towards settlement on the partner route.
The partner route carries its own dependency. Your visa is tied to your relationship. If that relationship breaks down before you reach settlement, your immigration status is affected in the same way that losing a job affects a work based visa.
This is not just about which visa you can obtain now. It is about which dependency you are more comfortable with long term, your employer or your relationship and how that choice aligns with your wider long-term goals.
Q2: Do I need to be married to apply for a partner visa?
No, but this is often misunderstood.
Unmarried partners can qualify if they can show a genuine and subsisting relationship equivalent to marriage, usually supported by two years of cohabitation. This means evidence of living together and sharing a life in a meaningful and consistent way.
Where couples have not been able to live together continuously, this does not automatically rule them out, but the evidential threshold is higher. You must show a durable relationship and clearly explain why cohabitation was not possible, for example due to immigration restrictions, work commitments or cultural factors.
These cases are very fact specific. For some couples, it is worth pursuing. For others, it can be risky if the evidence does not comfortably meet Home Office expectations.
Q3: How much does my British wife need to earn for us to apply for a spouse or partner visa? What about savings?
There is a minimum income requirement, and this is one of the most common reasons applications fail.
For applications made on or after 11 April 2024, the usual income minimum is £29,000 gross per year for British or settled sponsors, unless an exemption applies.
Income can come from employment, self employment or other permitted sources, but it must be structured and evidenced correctly. It is not just about how much someone earns, but how that income is paid and documented. Savings can be used on their own or alongside income, but they must usually be held for a set period and meet specific thresholds.
Q4: When I get a partner or spouse visa, how long is it granted for and when can I reach settlement?
Partner visas are granted in stages.
The initial visa is typically granted for 2 years and 9 months, followed by an extension of 2 and 6 months. This brings you to around 5 years in total, after which you may apply for Indefinite Leave to Remain, provided you have continued to meet the requirements throughout. Switching routes, failing to meet the criteria, or making incorrect applications can delay or reset this timeline. Settlement planning should be considered from the outset, not just at the extension stage.
Q5: Can I enter the UK as a visitor and apply for a spouse visa from inside the UK if I show my marriage certificate?
In most cases, no.
Entering the UK as a visitor does not usually allow you to switch into a spouse or partner route from within the UK. Attempting to do this incorrectly can lead to refusals and long term complications.
In many situations, the correct approach is to leave the UK and apply from overseas, using priority processing where appropriate to reduce waiting times. While this can feel counterintuitive, it is often the safest and cleanest route.
Final Thoughts
If you are relying on what you have heard online, or on what worked for someone else, pause. UK partner visas are highly fact specific, and small mistakes can have long term consequences.
I hope this helps bring some clarity and points you in the right direction!