Switch from a Student Visa to a Spouse Visa in the UK

If you are currently in the UK on a Student Visa (previously known as a Tier 4 visa) and are married to a British citizen or someone with settled status, you may be wondering whether you can switch to a UK Spouse Visa. This change is possible and can allow you to work freely in the UK and eventually apply for Indefinite Leave to Remain, provided you follow the correct procedures.

However, moving from a student visa to a spouse visa requires careful attention. There are strict eligibility requirements, a detailed application process, and important documentation to submit. Any errors in your application could result in a refusal, loss of the application fee, or even being required to leave the UK.

This article sets out the steps, requirements, and key considerations when switching from a student visa to a spouse visa in the UK.

Key Takeaways

• Switching to a spouse visa allows greater work opportunities and is a path to permanent residency.
• Applicants must meet eligibility criteria, provide strong documents, and meet the financial requirement.
• Apply before your current student visa expires to avoid overstaying.
• Key evidence includes proof of relationship, financial stability, suitable accommodation, and English language ability.
• If refused, you may appeal or reapply with improved evidence.

Why Switch from a Student Visa to a Spouse Visa?

There are several advantages to moving from a student visa to a spouse visa in the UK.

On a spouse visa, you will have the right to work in any sector and for any number of hours, unlike on a student visa which usually has employment restrictions. This can open up better job prospects and help you achieve long-term financial stability.

Additionally, time spent on a spouse visa counts towards the residency period required for Indefinite Leave to Remain (ILR). After five years in this category, you may qualify for permanent settlement in the UK if you continue to meet the necessary requirements.
This visa lets couples live together in the UK on a long-term basis, helping to strengthen family bonds without the restrictions that come with a student visa. Moving from a student visa to a spouse visa is more than just a legal change — it’s a thoughtful step toward creating a more stable and secure life in the UK.

If you’re unsure whether your marriage qualifies for a spouse visa, especially if you married online, check out our post on Remote Relationships and the UK Spouse Visa: Do Online Marriages Qualify?

Switching To A Spouse Visa Before Student Visa Expiry

Applying for a spouse visa before your student visa runs out is important to keep your stay in the UK legal. Submitting your application while your student visa is still valid means you can remain in the UK without risking an overstay. It also helps you avoid complications like having to leave the country and apply from overseas, which can take more time and cost more money.

Applying early helps make the transition smoother and reduces the risk of a gap in your immigration status. A well-organized application with all the right documents gives you a better chance of getting approved without delays.

Who Is Eligible to Switch from a Student Visa to a Spouse Visa?

The UK’s immigration rules set clear requirements for those moving from a student visa to a spouse visa. You must provide strong evidence for each of the following:

Age and Sponsor Status

Both you and your sponsor (your partner in the UK) must be at least 18 years old. Your sponsor needs to be either a British citizen or have settled status, such as Indefinite Leave to Remain or refugee status.

Genuine Relationship

Evidence of a genuine and subsisting marriage or civil partnership is essential. This usually means submitting your marriage certificate along with additional evidence such as joint bank statements, proof of shared accommodation, or correspondence at the same address. The Home Office will assess whether your relationship is honest and long-term.

Financial Requirement

As of 11 April 2024, you and your partner must show a combined minimum income of £29,000 per year. Accepted sources include employment, self-employment, pensions, or cash savings (£88,500 held for at least six consecutive months). This requirement is the same whether you have children or not.

Suitable Accommodation

The couple must provide evidence that their place of residence meets the standards set out in the Housing Act. This means the property should not be overcrowded and must follow public health guidelines. Temporary housing, like hotels, is generally not accepted as suitable proof of long-term living arrangements.

English Language Ability

Applicants must also meet the English language requirement, usually by showing they have passed an approved test such as IELTS at the A1 level on the CEFR scale. However, there are exceptions for some age groups and for nationals of countries where English is the main language. If the applicant holds a degree that was taught in English, they may not need to take a language test to meet this requirement.

The Spouse Visa Application Process

If you’re applying for a spouse visa from within the UK, the following steps will guide you through the process:

Initial Preparation

Begin by fully understanding the type of visa you’re applying for. This means reviewing the eligibility criteria and compiling all necessary documentation specific to the UK spouse visa.

Completing the Application Form

Applications for a UK spouse visa are submitted online, though in some cases, an in-person application may be an option. You’ll need to complete a detailed form that covers your personal details, your partner’s information, and your shared circumstances. Make sure all information is accurate and consistent.

Submitting the Application and Paying the Fees

Once the form is filled in, you’ll proceed to submit it and pay the required fees. These include the application fee and the Immigration Health Surcharge. After payment, confirmation emails with receipts will be sent to you—keep these safe for your records.

Booking and Attending the Biometric Appointment

Following submission, the next step is to book a biometric appointment at a local UK visa application centre. At this appointment, you’ll provide fingerprints and a photograph. You can either upload supporting documents in advance or bring them with you to the appointment.

Receiving the Decision

Once your application is received, the UK Home Office will confirm it. You’ll be notified by email or SMS once a decision is made. The visa centre will contact you when your documents are ready to be collected. If approved, your passport will include a visa vignette—usually valid for 30 days—along with a decision letter explaining the outcome.

Documents Required for a UK Spouse Visa Application

When applying for a UK spouse visa—whether from within or outside the UK—gathering the correct documents is a key part of the process. The required paperwork generally includes the following:

• Valid Passport and Travel History: You must submit your current passport along with any previous passports. These documents help verify your identity and provide a record of your travel and immigration history.
• Proof of Relationship: To show that your relationship is genuine and legally recognised, you’ll need to include your marriage certificate or civil partnership documents. This helps confirm that your partnership is valid under UK law.
• Financial Documentation: You’ll need to prove that you meet the minimum financial threshold. Acceptable evidence can include recent bank statements, payslips, savings account records, or other financial materials showing a stable income or adequate savings.
• Accommodation Details: Proof of suitable accommodation in the UK is required. This could be a tenancy agreement, a mortgage document, or a written confirmation from a host (such as a family member or friend) stating that you will be staying with them.
• English Language Requirement: Unless you are exempt, you must show that you meet the English language requirement. This is usually done by submitting a certificate from an approved English test provider.

Keep in mind that all documents must be in the correct format and officially translated into English if they were originally issued in another language. The exact list of required documents may vary depending on your situation, so it’s often wise to consult an immigration solicitor for tailored advice.

Fees and Processing Times

Understanding the costs associated with applying for a UK Spouse Visa is essential. If you’re applying from within the UK, the current application fee is £1,321. For those applying from outside the UK, the fee is higher, standing at £1,938.

In addition to the standard application fee, you’ll also be required to pay the Immigration Health Surcharge (IHS), which is currently £1,035. This fee grants you access to the UK’s National Health Service (NHS), allowing you to receive healthcare services on par with UK residents during your stay.

When it comes to processing times, most spouse visa applications are reviewed within 8 to 12 months. However, this period can vary depending on a range of factors. The accuracy and completeness of your application, the complexity of your case, and the number of applications currently being handled by the Home Office all contribute to the overall timeframe.

What If Your Application Is Refused?

If your application is refused, you can appeal or request an administrative review if you believe there has been a mistake. You may also choose to reapply, addressing the reasons for the refusal with stronger evidence. Understanding why you were refused is essential before deciding your next step.

Another option is to submit a fresh application that includes stronger supporting documents to resolve the concerns mentioned in the refusal letter. Making sure all eligibility requirements are fully met and supplying extra evidence can increase the likelihood of your application being approved.

For more information, see our guide:
UK Visa Refused? How to Reapply Effectively and Avoid Repeating Mistakes

Need Support with Your Application?

Switching from a student visa to a spouse visa can be challenging, but professional support can make the process easier. Our experienced immigration lawyers specialise in UK spouse visas and will guide you through each step, making sure your application is complete and follows all the latest UK requirements.

Contact us today for a no-obligation consultation and personalised advice tailored to your situation.

Frequently Asked Questions