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The UK Spouse Visa Explained: A Lawyer’s Take on Common Mistakes and How to Avoid Them

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Posted: 16th July 2025
Jacob Mallinder
Last updated 17th November 2025
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Applying for a UK Spouse Visa can be one of the most emotionally charged and technically complex immigration processes.

While it offers a vital route for couples to reunite or continue their lives together in the UK, the application process is far from straightforward, and surprisingly easy to get wrong.

As immigration solicitors, we at Kadmos regularly encounter cases where small missteps lead to costly delays or refusals. Here, we break down the most common mistakes applicants make and offer professional tips to avoid them.

1. Misunderstanding the Financial Requirements

Since April 2024, the minimum income threshold for sponsoring a spouse has risen to £29,000, with plans to increase further. Applicants often:

  •       Miscalculate their income eligibility
  •       Provide incomplete or inconsistent documentation, such as missing payslips or incorrect bank statements
  •       Rely on ineligible income sources, like future job offers or short-term contracts

Solicitor’s Tip:
Do not rely on guesswork. Carefully calculate income using Home Office rules, including savings if applicable, and ensure all evidence matches the correct timeframes and categories.

2. Inadequate Proof of a Genuine Relationship

A core requirement is demonstrating a genuine and subsisting relationship. Many couples assume that a marriage certificate alone is sufficient, but it is not.

Common pitfalls include:

  •       Lack of shared bills or joint bank accounts 
  •       Sparse communication history
  •       Gaps in the timeline of the relationship

Solicitor’s Tip:
Provide a story of your relationship, including joint travel, photos, messages, correspondence, and even letters from friends and family. Professional legal advice can help shape a compelling narrative supported by solid evidence.

3. Incorrect or Incomplete Documentation

From expired passports to missing translations, document errors are among the top reasons for refusals.

Typical issues:

  •       Not submitting original or certified copies 
  •       Using documents in the wrong language without official translation
  •       Overlooking immigration history documents or dependants’ records

Solicitor’s Tip:
Double-check the document checklist, and then check it again. A legal review before submission ensures all supporting evidence is correct and complete.

4. Failing to Meet the English Language Requirement

Many applicants assume that speaking English fluently is enough. Unfortunately, without the proper certification or recognised exemptions, applications can be refused.

Solicitor’s Tip:
Confirm whether your English qualification is accepted by the Home Office, or whether you're exempt due to age, disability, or nationality. Do not wait until the last minute to book the Secure English Language Test (SELT).

5. Applying from the Wrong Location or Immigration Status

Timing and location matter. Some applicants mistakenly try to apply from within the UK when their visa type does not allow it, such as visitors or short-term students.

Solicitor’s Tip:
Check whether you're eligible to switch from your current UK visa to a spouse visa uk, or whether you must apply from abroad.

  1. Overlooking the Importance of Timing

Visa extensions, priority service bookings, and life event deadlines, such as weddings or childbirth, can be thrown off by delays.

Solicitor’s Tip:
Start early, ideally three months before your visa expires or major life changes. Immigration solicitors can help track deadlines and expedite the process when needed.

  1. Trying to ‘DIY’ a Complex Application

Many clients come to us after a refusal, having tried to handle their application alone, often using outdated forums or generic checklists. By the time they seek legal help, they have lost time, money, and sometimes appeal rights.

Solicitor’s Final Word:
Professional advice is not just about paperwork, it is about strategy, peace of mind, and making sure your application is watertight. Whether you are applying for the first time or extending your visa, legal guidance can be the difference between approval and rejection.

Need expert help?

The team at Kadmos Immigration has years of experience guiding couples through every stage of the spouse visa journey. For a smoother process and greater peace of mind, get in touch with our specialists today.

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About the Author

Jacob Mallinder
Jacob has been working around the Legal Industry for over 10 years, whether that's writing for Lawyer Monthly or helping to conduct interviews with Lawyers across the globe. In his own time, he enjoys playing sports, walking his dogs, or reading.
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Jacob Mallinder
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