UK Spouse Visa vs Family Visa: Key Differences Explained
- Milovan Vesnic
- Feb 17
- 5 min read
Updated: Feb 20
- Spouse Visa: Specifically for married or civil partners of British citizens or settled individuals. Offers a clear 5-year path to permanent residency (ILR), full work and study rights, and requires proof of a genuine relationship and meeting financial thresholds.
- Family Visa: Covers a broader range of relationships, including unmarried partners, children, parents, and dependent relatives. Eligibility rules and rights vary by category (e.g., work restrictions for fiancé(e)s, strict care needs for dependent parents).
Quick Comparison
Criteria | Spouse Visa | Family Visa |
Who Can Apply | Married/civil partners | Unmarried partners, children, parents, dependents |
Income Requirement | £29,000 threshold | Varies by relationship type |
Work Rights | Full employment/self-employment | Depends on visa category |
Study Rights | Any course | Varies by visa type |
Path to ILR | 5 years | Varies by category |
Key Documents | Marriage certificate, English test | Relationship-specific proof |
Both visas require careful planning, documentation, and meeting financial criteria. Understanding these distinctions helps you choose the right path for your situation.
Main Differences: Spouse vs Family Visa
Who Can Apply
The eligibility rules for these visas vary based on the type of relationship. A Spouse Visa is tailored for married couples or those in civil partnerships with British citizens, settled individuals, or those holding refugee status or humanitarian protection[4].
On the other hand, a Family Visa covers a wider range of relationships:
Relationship | Requirements | Duration |
Unmarried Partners/Fiancé(e)s | 2+ years of living together OR proof of intent to marry | 6 months[6] |
Other categories under the Family Visa include:
- Dependent children: Must be under 18, with evidence showing sole responsibility.
- Adult dependents: Requires proof of long-term care needs and the inability to access suitable care in their home country[2].
These categories lay the groundwork for understanding the rights associated with each visa type.
Income Requirements
The financial requirements also vary between these visa types:
- Spouse Visa: Applicants must meet a standard income threshold.
- Family Visa: Parents must adhere to maintenance rules, which differ from the spouse visa's financial criteria. Unmarried partners generally follow similar income requirements as spouse visa applicants.
Eligible income sources include UK employment, self-employment, pensions, or savings combined with income. These financial thresholds play a role in determining eligibility for long-term residency, which will be detailed in later sections.
How to Apply
Both visas require an online application through the UK government portal, but the necessary documents differ depending on the visa type.
Spouse Visa Requirements:
Family Visa Requirements:
- Evidence specific to the relationship category
- Proof of permanent accommodation in the UK
- Payment of the £1,035 per year Healthcare Surcharge[4]
These distinctions in the application process influence what activities you’re allowed to undertake in the UK, which we’ll cover next.
What You Can Do With Each Visa
Work and Study Options
The type of visa you hold determines your rights for work and study in the UK. Here's how the permissions differ:
Activity Type | Spouse Visa | Family Visa |
Employment | No restrictions, includes self-employment and business | Permissions depend on the specific visa category |
Study | Open to any course or program | Varies based on visa type |
If you have a Spouse Visa, you can work in any role or start your own business without restrictions. You’re also free to enroll in any course or program. On the other hand, Family Visa permissions depend on the specific visa type. For instance, Parent Visa and Adult Dependent Relative holders typically enjoy work rights similar to Spouse Visa holders. However, Fiancé(e) Visa holders cannot work or study until they switch to a Spouse Visa after marriage[2].
While both visa types provide access to NHS care (after paying the Health Surcharge) and state schooling, they do not allow access to most public funds.
Path to Permanent Residence
If you're planning for long-term settlement in the UK, understanding the route to permanent residence, or ILR (Indefinite Leave to Remain), is key.
Spouse Visa Route:
Family Visa Route: ILR eligibility varies depending on the specific visa. For example, children may qualify through their parents, while adult dependents typically need 5 years of residence to apply[1][3].
Both visa types allow unrestricted travel in and out of the UK. However, keeping detailed travel records is essential, especially as you approach the ILR application period[3]. This is particularly important for Spouse Visa holders who benefit from a more predictable timeline for settlement.
Difference Between Dependent Visa & Spouse/Family Visa in UK 2024
Common Situations and Visa Choice
Here are three typical scenarios that show how visa options connect to different types of relationships:
British Citizen's Partner
If you're partnered with a British citizen, the Spouse Visa is often the simplest route. It follows the standard requirements mentioned earlier.
Requirement | Details |
Relationship Proof | Legal marriage or civil partnership |
Minimum Age | Both partners must be 18 or older [3] |
For instance, a Canadian national married to a British citizen working full-time would need to prove their relationship meets these conditions.
For other family members, like parents, different rules come into play:
Dependent Parent
Parents who need long-term care in the UK can apply for a Family Visa, but the requirements are strict:
- Must show they can't handle daily tasks due to age, illness, or disability.
- Must prove that similar care isn't available or affordable in their home country.
- The UK-based child must agree to provide full financial support without using public funds.
- No English language requirement applies [5].
A common example would be a parent with severe mobility issues. A successful application typically includes medical reports, an analysis of care costs in their home country, and proof the UK-based family member can provide support [2]. These tough rules reflect the Home Office's approach to limiting family migration to essential cases.
For partners of temporary visa holders, the process is different:
Skilled Worker's Partner
Partners of Skilled Worker visa holders can apply under the Dependent Visa category, which has its own set of rules.
Requirement | Details |
Relationship Proof | Marriage or at least 2 years of cohabitation |
Visa Validity | Matches the main applicant's visa duration |
For example, if the main applicant holds a Skilled Worker visa, their partner must provide:
- Valid documentation proving the relationship.
- Evidence of the main applicant's visa status.
The partner's settlement timeline will follow the Skilled Worker's immigration journey, rather than the usual 5-year path for a Spouse Visa [2].
Conclusion
Knowing the differences between the Spouse Visa and the Family Visa helps you make better decisions about family reunification options. The Spouse Visa is specifically for partners of British citizens or settled individuals, while the Family Visa covers a wider range of family relationships.
Key Takeaways
Each visa type serves different purposes and comes with its own eligibility rules, financial requirements, and settlement pathways. Understanding these distinctions is crucial when choosing the right option for your situation.
What to Do Next
Here’s how you can move forward:
- Gather necessary documents: Include proof of your relationship, financial records, and any required certificates.
- Plan your budget: Factor in application fees, the healthcare surcharge, and potential translation costs.
- Consider processing timelines: Align your relocation plans with the expected visa approval period.
If your case involves dependent relatives or unusual circumstances, consulting a legal expert is a smart move [3]. Professional advice can help you avoid delays and improve your chances of a successful outcome.
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