If you are married to a British or Irish citizen, or someone with settled or pre-settled status in the UK, you may come to join them and live here by applying for a spouse visa. Officially known as a Family or partner visa, the spouse visa enables individuals to come to the UK to live with their spouse or partner initially for 2 years and 9 months. It also offers a route to settle permanently with your spouse in the UK after 5 years’ residence, but compliance with the rules and restrictions of the visa during your stay in the UK is vital to maximise your chances of securing Indefinite Leave to Remain.

Because the Family visa for a spouse or partner is a dependant visa (a type of UK visa that relies on your relationship to someone else), spouse visa holders are sometimes confused about their right to work in the UK or to access public funds and services. Here, the expert immigration lawyers at Latitude Law outline the restrictions that are imposed by the spouse visa, the eligibility criteria you must meet before you can make a spouse visa application, and the other visa options that you may consider if you want to move to the UK for work.

Does a Spouse or Partner Visa Allow You to Work in the UK?

Individuals holding a spouse visa, meaning a Family visa for a spouse or partner, are permitted to work in the UK without restrictions. This means you can:

•       Take up employment in any field.
•       Work as an employee, freelancer or self-employed individual.
•      Start your own business.
•       Engage in full-time or part-time roles.

The rules are different if you have applied for a Fiancé(e) visa, a subset of the partner visa that allows you to come to the UK for up to six months in order to get married to a British citizen. You are not permitted to work or study in the UK during your stay under a Fiancé(e) visa, but you can transition to a Spouse visa once you are married and then take up employment if you wish to do so.

There are no specific prohibitions on the type of work you can do, but you must comply with the other terms of your visa, including maintaining your relationship with the sponsor (your spouse or partner) and adhering to immigration laws. Working illegally, failing to pay taxes on self-employed income, or otherwise breaking employment laws could risk your status in future. Your right to work continues as long as your visa is valid. Before the visa expires, you must apply for a spouse visa extension or settlement if you are eligible.

In return, as a spouse visa holder, you have the same workplace rights as any other worker in the UK, including minimum wage entitlements and anti-discrimination protections. If you have specific concerns about your employment or visa status, seeking legal advice from our experts can help you to make sure you comply with the law.

What Are the Eligibility Requirements for a UK Spouse Visa?

To qualify for a spouse visa, you must be married or in a civil partnership that is recognised in the UK, in a relationship that is genuine and subsisting. Your partner must be a British citizen, settled in the UK (meaning that they hold Indefinite Leave to Remain, settled status, or proof of permanent residence), or in the country with refugee status or humanitarian protection.

There are financial requirements to meet, usually an income threshold of £29,000, and you must demonstrate that you have suitable accommodation for yourself and any dependants without relying on public funds. There are also fees to pay, including an application fee and an immigration healthcare surcharge that allows you access to NHS services for as long as you remain in the UK.

Finally, you must demonstrate proficiency in English through an approved test or by having qualifications taught or researched in English. If you meet all of the above criteria, you may be able to apply for a Spouse visa and study or work in the UK if your application is granted.

What Other Visas Allow You to Work in the UK?

Before you start the UK Spouse visa application process, it is important to consider whether this visa route is the right option for you. There are other types of visa that also enable individuals to work and study in the UK, and which allow you to come to the UK for longer. As such, these may be more suitable if your primary intention is to come to the UK for work, or if you are not married to a British citizen and are not ready to marry within six months (under a Fiancé visa).

The Skilled Worker visa is designed for individuals with a job offer for an eligible role (that meets salary and skill requirements) from an approved UK employer. A subset is the Health and Care Worker visa, which is designed for those who want to work in this specific sector. The Global Talent visa offers opportunities for recognised leaders or potential leaders in fields like science, arts and technology to work in the UK, and there are also visa options for those who wish to start their own businesses, or for those who want to work in the UK on a short-term basis or limited engagement.

Your chances of a successful application depend on choosing the right visa route for your needs, and getting the application right the first time. This is where legal expertise can make the biggest difference, and the team at Latitude Law can support you in numerous ways. From advising you on the eligibility criteria you need to meet, and reviewing your documents and supporting evidence, to appealing a decision or requesting an administrative review, our specialist solicitors can stand by your side throughout the visa application process.

Call Latitude Law today on 0300 131 6767 or fill out our enquiry form and we will get straight back to you. Let our legal experts take the uncertainty out of your partner visa application so you can start your successful journey towards residency in the UK today.