Workshop 2
Overview of Appendix FM: Partner/Spouse of a
British citizen applications
This workshop provides in-depth knowledge of applications made under the Spouse/Partner of a
British Citizen category, as outlined in Appendix FM (Family Members) of the Immigration Rules.
Appendix FM, along with Appendix FM – Specified Evidence (FM-SE), sets out the immigration
requirements for individuals seeking to join their partner or spouse in the UK. This includes
applications for:
• Spouses or Civil Partners: For applicants who are already married to, or in a civil
partnership with, their partner, who will act as their sponsor for the application. Sponsor here
refers to the legal sponsor, not necessarily a financial one.
• Unmarried Partners: For partners who have lived together for two years or more prior to the
date of application, or those in a durable relationship—that is, even if the couple has not
lived together for two years immediately before the application, they have been in a
committed relationship akin to marriage.
• Fiancé(e)s or Proposed Civil Partners: For applicants who intend to marry or enter a civil
partnership with their sponsor in the UK. After the ceremony, they can apply for their first
Spouse/Civil Partner visa under Appendix FM from within the UK.
Note: Visa applications for a different type of visa than the one currently held must be
submitted from within the UK; this process is referred to as switching.
1. Requirements under Immigration Rules & Applicable Criteria for Partner/Spouse
applications under Appendix FM
Applicable rules for each type of visa applications, let them be for Entry Clearance, Further or
Indefinite Leave will be set out by Immigration Rules. Each category of applications under the
Immigration Rules will include the following type of Rules:
• An outline of the purpose of the category.
• A definition of the criteria used in the category (see also paragraph 6). Do not assume that
words in the Immigration Rules carry their common-sense meanings—always refer to the
definitions.
• Specific requirements that must be met for Entry Clearance (EC), Leave to Remain (LTR), or
Indefinite Leave to Remain (ILR) applications.
• A list of specified (mandatory) documents, detailing both form and content requirements.
• The period of leave that will be granted.
• The conditions attached to the grant.
• The circumstances under which an application will be refused.
The following specific criteria are applicable to Partner/Spouse applications under Appendix FM:
• Suitability Criteria (criminal record)
• Immigration Status requirements
• Relationship requirements
• English language and Life in the UK requirements
• Financial Requirement:
o Minimum Income Requirement, or Adequate Maintenance Requirement
It is crucially important that relevant documentary evidence must always be annexed to all
applications, regardless of the route under which they are submitted. In the case of a Spouse or Partner
application, this evidence must demonstrate that all criteria are met by both the applicant and their
partner (referred to as the sponsor) on the date of the application.
To this end, copies of the documentary evidence must also be uploaded to the relevant biometric
appointment provider’s dedicated website prior to the biometric appointment, which applicants are
required to attend to provide their fingerprint and iris scans. If any evidence is not in English, a certified
translation must also be uploaded. Outside the UK, the biometric service provider is VFS Global,
while within the UK it is TLS Contact which is also referred to as UKVCAS.
As applications under this category must be submitted online, the correct online application form
must be used, and the relevant fees — including the Immigration Health Surcharge and the
application fee — must be paid in full. Please note that additional service fees at biometric
application centres may also apply.
Relevant Fees:
Immigration Health Surcharge: £1,035 per person per year for adult applicants, £776 per person per
year for child dependent applicants.
Application fees:
• Entry Clearance: £1,938.
• In country applications (switching or extending): £1,321.
• ILR: £3,029.
Do note that the cost of fees is regularly increased in April each year. As an immigration adviser it will
be your responsibility to advise on the applicable fees correctly. Official Home Office link: Home
Office immigration and nationality fees: 1 May 2025 – GOV.UK
Forms: The correct application form for entry clearance and further leave to remain applications is
the FLR M form, for ILR it is the SET M form.
2. Suitability criteria for Partner/Spouse applications under Appendix FM
The suitability criteria under Appendix FM makes refusal mandatory where the custodial sentence is 4
years or above. Those with sentences between 12 months and 4 years can meet the suitability
criteria after 15 years have passed. Applications will also be refused if the applicant is currently
subject of a deportation order at the time of the submission.
Please note, that most of Part 9 (Grounds for refusal) of Immigration Rules do not apply to
Spouse/Partner applications under Appendix FM. For discretionary grounds of refusal please refer to
your mandatory reading of Appendix FM – Family Life with a Partner.
3. Immigration Status Requirements
These requirements differ depending on the type of application being made.
• Entry Clearance applications:
Main Applicant: has to have a valid passport and visa (if applicable) for the country they are applying from and be abroad to apply Child Dependent Applicant(s): as per the Main Applicant, they need to have a valid passport and
visa, if applicable, to be able to apply.
Sponsor (the partner or spouse of the applicant) can be:
• British, or
• have Indefinite Leave to Remain (ILR) in the UK, or
• have refugee leave/humanitarian protection in the UK, or
• have Pre-See under Appendix EU, or
• be in the UK with limited leave as a worker or business person under Appendix ECAA
Extension of Stay.
Do note here, that not only British citizens can sponsor their partner under this visa application route,
in spite of the name of the application category. The Sponsor can be in the UK already or abroad at
the time of the application.
• Further Leave to Remain applications (switching or extending):
Applicant(s): has to have a valid visa for the UK, either already under the same category under
Appendix FM, or any other visa which was issued for no less than 6 months. The exception from this
is the Fiancé(e) visa under Appendix FM, which is issued for 6 months. Applicant must apply from
within the UK.
Sponsor: as above and must be in the UK on the date of the submission of the application.
• Indefinite Leave to Remain applications:
Applicant(s): has to have completed 60 months or 120 months of continuous residence in the UK on
2 or 4 continuous Partner/Spouse visas and be in the UK on the date of application.
Sponsor: as above and must be in the UK on the date of the submission of the application.
Documents accepted to prove immigration status: passport ID page, British birth certificate (for
British citizen Sponsors), valid visa.
4. Relationship requirements:
The following criteria needs to be met by the Applicant(s) and Sponsor of a Spouse/Partner
application under Appendix FM:
– Both the Applicant and the Sponsor must be above 18 years of age.
– The applicant and their Sponsor must not be within the prohibited degree of relationship.
(They cannot be related to each other as siblings or first cousins.)
– The Applicant and their Sponsor must have met in person.
– The relationship between the Applicant and their Sponsor must be genuine and subsisting.
This means that in most cases they should be living together.
– If the Applicant and Sponsor are married or in a civil partnership it must be a valid marriage
or civil partnership.
– Any previous relationship of the Applicant or Sponsor must have broken down permanently.
– The applicant and their partner must intend to live together permanently in the UK.
– In any application for indefinite leave to remain as a partner, the applicant must provide
evidence that, since entry clearance as a Spouse/Partner was granted, or since the last grant
of limited leave to remain as a Partner/Spouse, the Applicant and the Sponsor have lived
together in the UK or there is good reason, consistent with a continuing intention to live
together permanently in the UK, for any period in which they have not done so. If the applicant is in the UK with leave as a fiancé(e) or proposed civil partner and the
marriage or civil partnership did not take place during that period of leave, there must be
good reason why and evidence that it will take place within the next 6 months.
– The applicant’s partner cannot be the applicant’s fiancé(e) or proposed civil partner, unless
the applicant was granted entry clearance as that person’s fiancé(e) or proposed civil
partner.
– Child(ren) applicants need to be either the biological children of the Applicant and Sponsor,
or if only the Applicant is their biological parent, then the Applicant has to have sole
responsibility over the child(ren). This means that the Applicant must be in charge of making
decisions of the child(ren) applicant’s day to day life. Child(ren) Applicants could also be
adopted child(ren).
Document accepted to prove that the relationship requirements have been met could include
marriage or civil partnership certificate (if applicable), cohabitation documents (proof of address to
show that the Applicant and the Sponsor have been living together), divorce certificate (Decree
Absolute) to show earlier dissolved marriages/civil partnerships (if applicable) or documents to prove
their durable relationship.
If there are Child Dependent applicants (biological and/or adopted children), their familiar relationship
to the Applicant and Sponsor will also need to be proven by way of documents enclosed. These could
include the following: birth certificate, court orders regarding parental responsibility and/or their
adoption, etc.
5. English language and Life in the UK requirements:
These also depend on the type of application being made.
• Entry Clearance/first in country applications: Applicants must have successfully passed
an English Level A1 exam provided by a Home Office approved English language exam
provider.
• Further Leave to Remain applications: Applicants must have successfully passed an
English Level A2 exam provided by a Home Office approved English language exam provider.
• Indefinite Leave to remain applications: Applicants must have successfully passed an
English Level B1 exam provided by a Home Office approved English language exam provider
and also passed the Life in the UK test as well.
Exceptions:
Applicants who are passport holders of majority English speaking countries are exempt from the
English language requirement of their application.
If an applicant has a university degree from the UK on bachelor, masters or PhD level than they are
also exempt from the English language requirement. If the university degree is from an Englishspeaking course from a university located in a majority English speaking country, then they only need
to show their degree certificate/academic transcript & letter from uni, and a Letter of Compatibility
from UK Ecctis to satisfy the English language requirement of their application. If the university is not
in a majority English speaking country, than they will also need a Letter of Level of English proficiency
from UK Ecctis.
Applicants who are of 65 years of age minimum are exempt from the English language and the Life in the UK requirements if applicable.If an Applicant has a disability (physical or mental condition) or there are exceptional circumstances
which prevents the applicant from meeting the requirement than they can apply for an exemption
from both the English language and the Life in the UK requirement. Evidential requirements apply.
Documents accepted: successful English language/Life in the UK test pass certificate, university
degree certificates (bachelor or masters or PhD), UK Ecctis letters. In case of medical exemption,
medical evidence is needed.
6. Financial Requirements
Please refer to the corresponding Power Point slides separately. These will provide an in-depth
overview of the Financial Requirements for Spouse/Partner applications and supporting documents
to be submitted for applications under Appendix FM. Do note, that the documentary requirements are set out by Appendix FM – SE (Specified Evidence).
