Can You Apply for a UK Spouse Visa While Living in a Third Country?

Relocating to the United Kingdom to join a partner is a major step that requires careful preparation and a clear understanding of the visa process. A common question is whether it is possible to apply for a UK Spouse Visa while you are living in a country that is neither your home country nor the UK.

The answer is yes, you can apply for a UK Spouse Visa from a third country, but only if you meet specific requirements. Understanding these conditions is essential before starting your application. If you are uncertain about your eligibility, professional guidance may help you avoid costly mistakes.

This article will explain your options, the rules you must follow, and the possible challenges when applying for a UK Spouse Visa from a third country.

Key Points

• You can apply for a UK Spouse Visa from a third country if you have legal residence there for more than six months.
• Spouse visa requirements stay the same no matter where you apply: you must provide evidence of your relationship, finances, English ability, and accommodation.
• Applying from a third country only makes sense if you have stable, lawful status there and access to a local visa application centre.
• If your stay in the third country is short or uncertain, you should consider applying from your home country instead. See also: Can You Switch from a Visitor Visa to a Spouse Visa in the UK?

Applying for a UK Spouse Visa from a Third Country: Is It Allowed?

Yes, you can apply for a UK Spouse Visa from a third country that is neither your country of citizenship nor the UK, but certain conditions must be met for the application to be valid. Most importantly, you must be lawfully residing in that third country—not just visiting.

To be eligible, you need to prove that you hold legal residency in the country from which you’re applying. This means having a long-term visa or residence permit that:

• Is valid for more than six months
• Confirms your legal status there, such as a visa for work, study, or joining family
• Is not a short-term or visitor visa

The UK Home Office does not accept applications made from countries where the applicant is only staying temporarily or on visitor status.

For example, if you’re a Brazilian citizen living in Germany with a two-year work visa, you can apply from Germany. But if you’re in Germany on a 90-day Schengen visitor visa, you would need to return to Brazil to submit your application.

If you’re switching from a visitor visa, see our detailed guide: Getting Married in the UK on a Visitor Visa: Can You Switch to a Spouse Visa?

What the Home Office Looks for

The Home Office will check several factors when considering your application from a third country:

• Lawful Residence: You must have clear documentation confirming your legal right to live in the third country for more than six months. A visitor or tourist visa cannot be used as a basis to apply.
• Document Standards: All your supporting documents, including your marriage or civil partnership certificate, must meet UK requirements and may need to be translated and officially certified.
• Biometric Information: You will be required to attend a visa application centre in the third country to submit your fingerprint and photograph. It is important to check if such a centre is available before applying.
• Previous Immigration Record:The Home Office may look into your previous immigration history, including any past visa refusals or overstays, when making a decision. For advice on visa refusals and reapplications, see UK Visa Refused? How to Reapply Effectively and Avoid Repeating Mistakes.
  
  Remember, applying from a third country does not mean you are exempt from any part of the spouse visa criteria. You must still fully satisfy all conditions, including relationship, financial, and language requirements.

UK Spouse Visa Requirements

To apply for a UK spouse visa, you must meet certain eligibility requirements regardless of where you apply—whether from your home country, within the UK, or from a third country. The Home Office looks for strong evidence in several important areas to assess your application.

Relationship Requirement

You and your partner must be in a genuine, legally recognised marriage or civil partnership. Your partner must be either a British citizen, someone with settled status or indefinite leave to remain, or a person granted refugee status or humanitarian protection. You must also show you plan to live together in the UK permanently. For more on relationship requirements, see Remote Relationships and the UK Spouse Visa: Do Online Marriages Qualify?

Financial Requirement

As of 11 April 2024, the financial requirement for the UK spouse visa is £29,000. This must be shown through employment, self-employment, pensions, rental income or cash savings. If your main evidence is through savings, you must have at least £88,500 held for a minimum of six consecutive months.

If your partner is self-employed, see our guide: UK Spouse Visa for Self-Employed Sponsors: What Is Required?

Financial Documents

• Recent payslips and employment letters (if employed)
• Bank statements clearly showing salary
• Self-employment records (if relevant) including tax documents
• Pension or rental income summaries, with supporting evidence
• For cash savings, bank statements and a letter from your bank confirming funds

English Language Requirement

Most applicants need to prove their English skills by:

• Passing an approved English test at CEFR A1 level or higher
• Holding a degree taught or researched in English and is equivalent to a bachelor’s degree
• Being a citizen of a majority English-speaking country

Applicants over 65 or those with a serious medical condition preventing them from taking the test may be exempt, but must provide supporting documents.

Accommodation Requirement

You need to show that you and your partner will have suitable accommodation in the UK once the visa is approved.

This accommodation must be owned or legally lived in by you or your partner, and it must be enough for your needs without depending on public funds.

The property must meet UK housing standards. It should not be overcrowded under the Housing Act 1985 and must be safe to live in. The Home Office will check that the space is suitable for everyone who will live there, including any children.

Immigration History

Your immigration history is important. If you have overstayed a visa, entered the UK without permission, or had a visa refused in the past, this could impact your application. The Home Office will consider any previous breaches when deciding whether to approve your visa.

Essential Documentation for Your Spouse Visa Application

Preparing your documents properly is just as important as meeting the eligibility criteria. The UK Home Office expects clear and reliable evidence to support every part of your application. The documents you need are mostly the same whether you apply from your home country, a third country, or from within the UK.

Proof of Identity and Legal Residency

You will need to provide a valid passport or travel document. If you are applying from a third country, you must also show that you are living there legally. This usually means submitting a residence permit or official immigration papers that prove you have permission to stay there for more than six months.

Evidence of Relationship

You must provide strong proof that your relationship with your partner is genuine and ongoing. One key document is a marriage or civil partnership certificate that is legally recognised in the UK.

You can also include things like photos together, joint tenancy agreements, records of travel, communication, or shared bills. The goal is to show that your relationship is real and not set up just to get a visa, and that you truly plan to live together in the UK as long-term partners.

Financial Evidence

You must show that your partner in the UK meets the financial requirement. The type of documents you need depends on how your partner meets the income threshold.

If your partner is employed in the UK, you should include:

• Six months of payslips
• A letter from the employer confirming job title, salary, length of employment, and that the job is ongoing
• Six months of bank statements showing the salary being paid in
• A copy of the employment contract
• A P60 from the most recent tax year, if available
• If your partner is self-employed, you may need:
• SA302 forms or HMRC tax returns for the last full financial year
• Business accounts prepared by a qualified accountant
• Invoices, contracts, or other records showing active self-employment
• Business bank statements for the same period
• Proof of registration with HMRC or Companies House
  
  If your partner cannot meet the income level through earnings, they can rely on savings instead. In this case, you will need:
  
• Personal bank statements showing at least £88,500 held consistently for six months
• A written explanation or supporting papers showing where the money came from, such as an inheritance or property sale
• A letter from the bank confirming the account holder’s details and that the balance stayed above the required level throughout the six months
• If your partner receives income from pensions, investments, or rental property, you should include:
• Pension statements showing regular payments
• Financial records confirming income from investments
• Tenancy agreements and bank statements showing rental income

If your partner receives income from pensions, investments, or rental property, you should include:

• Pension statements showing regular payments
• Financial records confirming income from investments
• Tenancy agreements and bank statements showing rental income

These documents must cover the required time period, usually six months, and match the income details you provide in your application.

English Language Evidence

If you need to meet the English language requirement, you must provide one of the approved documents:

• A certificate from an approved test provider showing you passed at the right CEFR level
• A statement from Ecctis (previously UK NARIC) confirming your overseas degree is equal to a UK bachelor’s degree or higher and was taught or researched in English
• If you are exempt, you must submit evidence such as a medical report or birth certificate if you are 65 or older.

Proof of Accommodation in the UK

You must show that you and your partner will have a suitable place to live in the UK. The home must be safe, not overcrowded, and meet the required health and housing standards.

If the home is owned by your partner or jointly with you, include:

• A copy of the title deed or a recent mortgage statement
• Land Registry records showing who legally owns the property
• Utility bills in your partner’s name
• Council tax bills confirming who lives there

For rented properties, include:

• A tenancy agreement naming your partner as the tenant
• A letter from the landlord confirming you can live there once your visa is granted
• Evidence of regular rent payments, like bank statements or receipts
• If you will live with family or friends, you should include:
• A signed letter from the property owner giving you permission to stay
• Proof that they legally live there, such as a title deed or tenancy agreement
• Evidence of their relationship to your partner, if relevant
• A floor plan or written statement showing that the home is not overcrowded

If you will live with family or friends, you should include:

• A signed letter from the property owner giving you permission to stay
• Proof that they legally live there, such as a title deed or tenancy agreement
• Evidence of their relationship to your partner, if relevant
• A floor plan or written statement showing that the home is not overcrowded

In some cases, getting a professional property inspection report can help. This report should confirm that the home is safe, meets UK standards, and has enough space. It is especially useful if you will be living with extended family or if there are concerns about space.

Additional Documents

• Depending on your situation, you may also need to include:
• Previous visas or immigration records
• Divorce certificates if either of you was previously married
• Birth certificates for any dependent children applying with you
• Translations of any documents not originally in English

Organising your documents carefully gives your application the best chance of success.

When Should You Apply from Your Country of Nationality?

If your immigration status in a third country is temporary, unclear, or close to expiring, it’s usually safer to submit your application from your country of nationality. The UK Home Office expects applicants to clearly demonstrate legal residence in the country from which they are applying.

If you are only staying in a third country on a short-term visa or cannot provide strong evidence of lawful residence, there is a higher risk that your application will be refused. In these situations, going back to your home country can help avoid complications and provide a more secure foundation for your application. Also, if there is any uncertainty about your legal ties to the third country, applying from your home country can help prevent delays or the risk of being denied due to weak residency evidence.

How We Can Help

Applying for a UK Spouse Visa from a third country is often more complex than it may seem. You need to make sure your legal status in the third country is clear, your documentation meets UK standards, and you fully understand Home Office requirements. If you are unsure about any aspect, or if you would like a solicitor to review your application, our team at Family Visa UK is ready to assist you.

Get in touch today for expert, practical assistance tailored to your circumstances.

Frequently Asked Questions