Marriage Visa UK

The UK Marriage Visa is a category within the family visa route which allows a foreign national to live in the UK with their British or settled spouse or partner. For employers and HR personnel, this visa route becomes relevant when employees or prospective staff rely on their immigration status to lawfully work in the UK. Understanding the Marriage Visa route, its requirements, and how it affects right to work checks is important to ensure compliance and to provide appropriate support to staff members going through the immigration process.

Terminology: “Marriage Visa” is a commonly used term. The formal Home Office category is the Spouse Visa under Appendix FM (partner route). This article uses “Marriage Visa” for ease, while treating it as the Spouse Visa in law.

What this article is about: This article provides HR directors, managers, and business owners with a detailed overview of the UK Marriage Visa. It explains what the visa is, the eligibility criteria, and the application process. It also highlights the employment and compliance considerations for HR when dealing with employees on this route, and explores extensions, settlement, and alternative family visa options. By understanding the legal framework of the Marriage Visa, HR professionals can mitigate risk, ensure compliance with immigration rules, and support staff effectively.

 

Section A: Understanding the Marriage Visa UK
 

 

The UK “Marriage Visa” is the commonly used term for the partner (Spouse) route under Appendix FM. It enables a non-UK/Irish national who is married to, or in a recognised civil partnership with, a British citizen or a person settled in the UK (including those with ILR) to live and work in the UK. From an HR perspective, it is not tied to employer sponsorship but it directly determines an individual’s right to work, so correct right to work checks and diarying of visa dates remain critical.

 

1

 

What the route is (and isn’t). In law this is the partner route (Spouse), not a work route. It confers permission to work in any role for any employer once granted, without sponsorship or skill/occupation restrictions. “Marriage Visa” is a practical label; the underlying legal category is the Spouse/partner route.

 

2

 

Core eligibility. Applicants must meet relationship, financial, accommodation and English language requirements:

• Relationship: Marriage or civil partnership must be legally recognised; the relationship must be genuine and subsisting with an intention to live together permanently.
• Financial requirement: For new entrants (rules from 11 April 2024, fully in force by 22 July 2025), the Minimum Income Requirement is a flat £29,000. Transitional rules apply only to those who first applied before 11 April 2024 and remain with the same partner; their threshold structure differs. Approved cash savings can meet or offset the MIR using the published formula.
• Accommodation: Adequate accommodation without recourse to public funds.
• English language: CEFR A1 at initial grant (with recognised exemptions and evidential routes).

 

 

3

 

Duration and conditions. Entry clearance from overseas is normally granted for 33 months; in-country permission is typically 30 months. The visa is extendable and, after 5 years on this route (meeting all rules at each stage), the individual may qualify for settlement. Work is permitted without restriction throughout periods of leave.

 

4

 

How it differs from adjacent routes. The Fiancé(e) visa allows entry to marry within six months but does not permit work. The Unmarried Partner route covers durable partners (usually evidenced by two years’ cohabitation) and does permit work. Understanding these distinctions helps HR plan start dates and manage right to work compliance.

 

Section Summary

 

The partner (Spouse) route—often called the “Marriage Visa”—is an unsponsored, work-permitted route based on a qualifying relationship. Key compliance touchpoints for HR are confirming the individual’s permission to work, noting the £29,000 MIR for new applicants (with limited transitional exceptions), and monitoring visa validity to time repeat checks correctly.

 

Section B: Application Process
 

 

Applying for the Marriage (Spouse) Visa is an online process with strict evidential requirements. Understanding the sequence helps HR plan start dates, manage right to work (RTW) compliance, and support staff through bottlenecks such as biometrics and document verification.

 

1

 

Where and how to apply. Applications are made on GOV.UK. From overseas this is entry clearance; from inside the UK this is FLR(M) (extend/switch). Applications as a visitor are generally not permitted. The applicant creates an account, completes the form, pays the fee and the Immigration Health Surcharge (IHS), uploads evidence, and books biometrics at a Visa Application Centre (overseas) or a UKVCAS site (in-country). Digital status (eVisa) is being rolled out; BRPs are being phased out. Keep copies of submission sheets and payment confirmations.

 

2

 

Documents & evidence. Refusals often stem from gaps in evidence. Typical items include:

• Identity & status: current passport(s); previous UK visas if relevant.
• Relationship: UK-recognised marriage/civil partnership certificate; proof the relationship is genuine and subsisting (e.g., joint tenancy, joint bills/bank statements, official correspondence to the same address, limited photos).
• Financial requirement: for new entrants the Minimum Income Requirement is £29,000. Evidence depends on income source:
  • Salaried employment: 6 months’ payslips and corresponding bank statements, plus employer letter.
  • Non-salaried/variable income: 12 months’ evidence.
  • Self-employed/company directors: latest HMRC filings (e.g., SA302/tax year overview), accounts, dividends, bank statements.
  • Cash savings: held for 6+ months; use the published formula. £88,500 in savings can meet £29,000 without income.
• Accommodation: tenancy/mortgage and overcrowding confirmation.
• English language: approved test (A1 for initial) or degree taught in English (with Ecctis confirmation) or nationality exemption.
• Other (where applicable): TB test (by country), certified translations of non-English documents.

 

 

3

 

Biometrics & identity verification. After paying fees the applicant attends a biometrics appointment (fingerprints and photo) and submits/scans documents. Some applicants may be invited to use a mobile identity app. Originals can be requested; keep everything consistent with the online form.

 

4

 

Processing times & priority. Overseas partner decisions commonly take around 12 weeks on standard service; in-country applications are often around 8 weeks. Priority and Super Priority services are offered in many locations at additional cost, but availability varies. Complex cases (e.g., previous refusals, complex finances) can take longer. Do not fix immovable start dates until RTW evidence is available or a Positive Verification Notice (PVN) is obtained.

 

5

 

Fees, IHS & dependants. As at 1 July 2025 fee tables, typical partner fees are £1,938 (overseas entry clearance) and £1,321 (in-country FLR(M)). The IHS is £1,035 per adult per year and £776 per child/student per year, charged upfront for the length of permission requested. Each dependant pays their own visa fee and IHS. Commercial partner/appointment fees, translation, and priority fees are additional.

 

Section Summary

 

The application is online, followed by biometrics and document submission. Evidence must map precisely to the rules, especially for the £29,000 financial requirement. Standard timelines are ~12 weeks overseas and ~8 weeks in-country, with paid priority options where available. Budget for the visa fee, IHS for each applicant, and any service add-ons.

 

Section C: Employment & HR Implications
 

 

Marriage (Spouse) Visa holders have permission to work without restriction. There is no sponsorship, no occupation list, and no employer tie. HR’s focus is therefore on carrying out the prescribed right to work (RTW) checks at onboarding and repeat checks at the correct intervals, and on managing risk during pending applications or if circumstances change.

 

1

 

Right to work checks (on grant). Obtain evidence via the Home Office online service using a worker-generated share code (preferred for eVisa holders). Where a physical BRP remains in circulation, treat it as evidence only in line with current guidance. Record the RTW check properly (who checked, when, what was seen), keep copies as permitted, and diarise follow-up checks before the permission end date. Digital status (eVisa) is replacing BRPs, so expect more online checks and ensure hiring teams know how to use the share-code system.

 

2

 

Pending in-country applications (section 3C protection). If an employee applies to extend/switch before their current leave expires, section 3C of the Immigration Act preserves their conditions while the application is decided. To hold a statutory excuse during this period you must obtain a Positive Verification Notice (PVN) from the Employer Checking Service (ECS). The PVN normally protects you for six months; diarise a repeat check before it lapses and keep the PVN on file. Do not start a new hire until you have either standard RTW evidence or a PVN.

 

3

 

No sponsorship burden, but ongoing monitoring. Because this is an unsponsored route, there are no sponsor licence duties and the individual may change employers freely. However, you must still track permission end dates and run repeat checks on or before expiry (unless/until the person holds ILR or British citizenship). Ensure your HRIS or compliance tracker flags expiries and follow-ups, and that recruiters do not promise start dates contingent on immigration decisions without first planning for RTW evidence or an ECS PVN.

 

4

 

Risk management & fair treatment. Key risks include visa refusals (immediate loss of RTW), relationship breakdown (possible curtailment), and document/status expiry. Build contingency plans (e.g., temporary suspension pending evidence, rapid ECS checks, and escalation to immigration counsel). Apply policies consistently and avoid discrimination on grounds of nationality or race; decisions should be based solely on RTW evidence. Maintain clear audit trails for all checks and keep personal data in line with your data protection policies.

 

Section Summary

 

Treat partner-route hires like any lawful worker once permission is evidenced, but stay rigorous on onboarding evidence, ECS PVNs during pending applications, and repeat checks before permission expires. Monitor status changes and handle risks promptly while ensuring non-discriminatory, consistent processes.

 

Section D: Extension, Settlement & Alternatives
 

 

While the Marriage (Spouse) route provides immediate permission to work, HR teams should understand the longer pathway. Extensions keep an employee lawfully in work, settlement removes expiry-driven repeat checks, and alternatives may be needed if circumstances change. Planning around these milestones reduces compliance risk and helps retain talent.

 

1

 

Extensions (FLR(M)). Apply before permission expires. The applicant must still meet the partner rules: genuine and subsisting relationship, Minimum Income Requirement (MIR), adequate accommodation, and English at A2. For new entrants under rules from 11 April 2024 (fully in force by 22 July 2025), the MIR is a flat £29,000. Transitional financial rules apply only to those who first applied before 11 April 2024 and remain with the same partner. Evidence must follow Appendix FM-SE (e.g., payslips/bank statements, accounts, or qualifying cash savings). A standard extension grants 30 months; timely applications attract section 3C protection while pending.

 

2

 

Indefinite Leave to Remain (ILR) & citizenship. After 5 continuous years on the partner route, the applicant may qualify for ILR if they still meet the relationship and financial requirements and pass Life in the UK plus English at B1. ILR removes immigration time limits and repeat visa-expiry RTW checks. For British citizenship, most applicants must hold ILR for 12 months before applying; however, those married to a British citizen can apply for naturalisation immediately after ILR if they meet residence and good character requirements.

 

3

 

If the relationship ends. The basis for leave normally falls away and the Home Office can curtail permission. RTW will usually end on curtailment unless the individual switches into another route. Options include Skilled Worker (with sponsorship), Global Talent, Scale-up, or other qualifying categories, subject to eligibility. Where a relationship ends due to domestic abuse, the Appendix VDA route can lead to settlement; short-term concessions may apply. HR should act promptly: pause work if RTW evidence lapses, signpost support, and, where appropriate, explore sponsored options.

 

4

 

Alternative family routes. If a Marriage (Spouse) application is not suitable:

• Unmarried Partner — for durable partners (typically 2+ years’ cohabitation); work permitted.
• Civil Partnership — mirrors the spouse route; work permitted.
• Fiancé(e) — for marrying in the UK within 6 months; no work permitted.

 

 

Section Summary

 

Extend before expiry and evidence the relationship, MIR and A2 English. After five years, ILR ends visa-expiry driven checks; some can naturalise immediately after ILR if married to a British citizen. If the relationship ends, consider switching to a work route or, in abuse cases, Appendix VDA. Only some alternative family routes permit work, so plan RTW carefully.

 

FAQs
 

 

 

1

 

Can a Marriage (Spouse) Visa holder work in the UK?
Yes. Permission on the partner route allows work in any role for any employer without sponsorship or occupation restrictions, for as long as the leave remains valid.

 

2

 

Does the Minimum Income Requirement (MIR) change if children are involved?
For new entrants on or after 11 April 2024, the MIR is a flat £29,000. The previous per-child additions apply only to the transitional cohort who first applied before 11 April 2024 and remain with the same partner.

 

3

 

Can cash savings replace income?
Yes. Savings can meet or offset the MIR using the published formula. To meet £29,000 with savings alone requires £88,500 (held for 6+ months).

 

4

 

How long do decisions take?
Indicative timelines are around 12 weeks from overseas and around 8 weeks in-country on standard service. Priority and Super Priority may be available for an additional fee, subject to location and capacity.

 

5

 

Can we start (or continue) employment while an in-country application is pending?
If the employee applied before their current permission expired, section 3C keeps conditions (including work) while the application is decided. To hold a statutory excuse, obtain a Positive Verification Notice (PVN) from the Employer Checking Service and diarise the follow-up before the PVN lapses.

 

6

 

What happens if the relationship ends?
The basis for leave normally falls away and permission may be curtailed. The individual may switch to another route if eligible (e.g., Skilled Worker, Global Talent, Scale-up). Where abuse is a factor, the Appendix VDA route may lead to settlement. HR should pause work if right to work evidence lapses and act promptly on next-step options.

 

7

 

Do dependants pay the same fees and IHS?
Each applicant (main and dependants) pays their own visa fee and Immigration Health Surcharge for the length of permission requested. Commercial partner/appointment and priority fees are additional where used.

 

Conclusion
 

 

The partner (Spouse) route—commonly called the Marriage Visa—gives eligible employees permission to live and work in the UK without sponsorship. For HR, compliance is straightforward when processes are tight: complete the prescribed online right to work check (or secure an ECS Positive Verification Notice during pending in-time applications), diarise repeat checks before permission expiry, and keep accurate records. Build realistic timelines around application stages, biometrics, and decision windows, and ensure hiring teams understand that start dates depend on right to work evidence.

Plan ahead for extensions and, ultimately, settlement, where immigration time limits fall away and repeat visa-driven checks end. Where circumstances change—such as relationship breakdown—act promptly to maintain compliance, pausing work if evidence lapses and exploring lawful options (e.g., switching to a sponsored route or, in abuse cases, Appendix VDA). With consistent processes and clear communication, employers can remain compliant, support staff effectively, and protect business continuity.

 

Glossary
 

 

Marriage Visa	Common term for the partner (Spouse) route under Appendix FM allowing a non-UK/Irish spouse/civil partner of a British or settled person to live and work in the UK.
Spouse Visa	The formal Home Office term for the partner route based on marriage or civil partnership.
Appendix FM	Part of the Immigration Rules covering family members (partners, parents, children).
Appendix FM-SE	Specified evidential requirements that set out exactly what financial/other documents are accepted.
MIR	Minimum Income Requirement. For new entrants from 11 April 2024 (fully in force by 22 July 2025) this is £29,000; transitional rules apply to earlier cohorts.
Cash Savings	Qualifying savings held for 6+ months that can meet/offset the MIR using the published formula (e.g., £88,500 to meet £29,000 without income).
Section 3C	Statutory provision extending an applicant’s existing permission and conditions while an in-time application is decided.
ECS	Employer Checking Service. Home Office service employers use to verify pending status where standard RTW evidence is unavailable.
PVN	Positive Verification Notice issued by ECS, giving a time-limited statutory excuse (usually six months) against civil penalty.
FLR(M)	Form/route for in-country extension or switch as a partner.
eVisa	Digital immigration status replacing physical documents like BRPs; verified via online share codes.
BRP	Biometric Residence Permit (being phased out). Physical card evidencing immigration permission and conditions.
IHS	Immigration Health Surcharge. A per-year NHS access charge paid upfront with most visa applications.
UKVCAS	UK Visa and Citizenship Application Services. In-country biometrics/document submission provider.
Life in the UK Test	Knowledge test required for settlement and naturalisation (with limited exemptions).
ILR	Indefinite Leave to Remain. Settlement status with no time limit on stay or work.
Appendix VDA	Victim of Domestic Abuse route providing protection and, in some cases, settlement where abuse ends the relationship.
Ecctis	Body that assesses whether non-UK qualifications are equivalent and taught in English for language evidencing purposes.
TB Test	Tuberculosis screening required for applicants from specified countries before applying for a UK visa.

 

Useful Links
 

 

Family visa: partner/spouse (overview)	GOV.UK
Employers’ guide to right to work checks (accessible)	GOV.UK
Home Office immigration & nationality fees (from 9 April 2025)	GOV.UK
Immigration Health Surcharge: how much to pay	GOV.UK
Appendix FM – Financial Requirement (accessible guidance)	GOV.UK
Employer Checking Service (request a PVN)	GOV.UK
Immigration Rules – Appendix VDA (Victim of Domestic Abuse)	GOV.UK
Marriage Visa UK (employer-facing explainer)	DavidsonMorris
Marriage Visa UK (practical guide)	Xpats.io