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Switching to a spouse visa from inside the UK

A person already in the UK on another visa can apply to switch to a partner visa at £1,407 plus the healthcare surcharge, if the Rules' status conditions are met. Visitors and people with permission of 6 months or less are generally excluded, and time on the old visa does not count towards settlement.

Many partner visa applications are made by people who are already in the UK: a student who has met a British partner, a skilled worker whose relationship has become permanent, a graduate. The question is usually whether they have to go home to apply. The answer is in a short list of status conditions in Appendix FM and in a few lines of GOV.UK guidance.

This guide explains who can switch, what the application costs, which financial and English requirements apply, how section 3C of the Immigration Act 1971 protects the application while it is decided, and how switching affects the route to settlement. Sources were read on 9 October 2026. It describes the rules and does not say whether any person can or should switch.

What switching means in the Rules

The Rules do not use the word "switch" as a route name. Appendix FM paragraph GEN.1.3(a) says "application for leave to remain" includes "an application for variation of leave to enter or remain by a person in the UK". A switch is therefore an application for limited leave to remain as a partner under section R-LTRP, made by someone who currently holds permission on a different route.

GOV.UK's family visa overview puts it plainly: "If you came to the UK on a different visa, you might be able to switch to a family visa to stay with your spouse or partner, child, parent." You can switch "at any time before your current permission to stay in the UK expires", and the application is made online in the UK through the family routes service. Two things have to line up: the status conditions for someone inside the UK (below) and the same relationship, financial and English requirements as an application from abroad.

Who the partner must be

The sponsor's status is the first gate and it is the same inside or outside the UK. E-LTRP.1.2 requires the applicant's partner to be a British citizen in the UK, present and settled in the UK, in the UK with protection status, in the UK with limited leave under Appendix EU (pre-settled status) on the terms in GEN.1.3(d), a worker or business person under Appendix ECAA Extension of Stay, or in the UK with permission as a stateless person.

GOV.UK states the consequence for people whose partner is on a temporary route: "You cannot apply for a family visa if your family member is in the UK temporarily on a work visa or student visa." In that situation GOV.UK says you can apply to stay with them as a dependant instead.

The relationship requirements are the same as for entry clearance (E-LTRP.1.3 to 1.10): both people 18 or over, not within a prohibited degree of relationship, having met in person, a genuine and subsisting relationship, a valid marriage or civil partnership if married, any earlier relationships permanently broken down, and an intention to live together permanently in the UK. "Partner" is defined in GEN.1.2 as a spouse, civil partner, fiancé(e) or proposed civil partner, or an unmarried partner of at least 2 years.

The status conditions for someone already in the UK

E-LTRP.2.1 and E-LTRP.2.2 say who cannot qualify while in the UK. The applicant must not be in the UK:

  • as a visitor; or
  • with valid leave granted for a period of 6 months or less, unless that leave is as a fiancé(e) or proposed civil partner or was "granted pending the outcome of family court or divorce proceedings"; or
  • on immigration bail, unless the Secretary of State is satisfied the applicant arrived more than 6 months before the application and paragraph EX.1 applies (or the overstayer exception applies); or
  • in breach of immigration laws, with the exception that where the exceptions for overstayers in Part Suitability apply any current period of overstaying is disregarded, "unless paragraph EX.1. applies".

GOV.UK repeats the first two: you will usually need to leave the UK to apply if "you have permission to be in the UK as a visitor" or "your visa is for 6 months or less". The Home Office's caseworker guidance explains why: a visitor has undertaken to leave, and anyone who wants to settle as a partner "should apply for entry clearance under the family Immigration Rules". Where a visitor applies from inside the UK, the guidance says it is only in exceptional circumstances that they can remain, and then on the longer route.

The overstayer exceptions in Part Suitability SUI 13.1 are narrow. A person is not treated as an overstayer if the application was made within 14 days of the previous permission expiring and the decision-maker accepts there was a good reason beyond their control for the delay, or if it was made within 14 days of the refusal of an in-time application, the end of section 3C leave, or the end of the review and appeal period, plus a few Covid-era and Hong Kong BN(O) periods. Beyond those, the position of someone in breach of immigration laws depends on EX.1. Our overstay guide covers it.

What it costs

GOV.UK's family visa page gives the fee for joining a partner as £2,064 outside the UK and £1,407 inside the UK, per person. The Home Office fee table of 8 October 2026 lists the matching "Leave to remain - Other" fee at £1,407 and shows no change from the previous table.

The Immigration Health Surcharge is added. For a partner visa granted for 2 years and 6 months, the adult charge on GOV.UK is £2,587.50 (£1,035 a year, with half a year added for the extra six months); £1,940 for a child under 18. GOV.UK also lists £1,407 for each dependant added to an application made inside the UK.

Faster decisions are available inside the UK: GOV.UK says "if you're applying from the UK, you may be able to pay an extra £1,000 for the super priority service", and the priority service costs £500 on top of the fee. Both depend on being offered the option at the time of application; GOV.UK says there is a limit on how many people can apply for a faster decision and "you must have permission to be in the UK to use" it.

If the fee cannot be paid, GOV.UK describes a fee waiver for people who cannot afford a place to live, essential living costs, or where the fee would harm a child's wellbeing, with a separate in-UK application form.

Money and English: the same tests as from abroad

Because a switch is an application for leave to remain as a partner, the financial requirement is the one in E-LTRP.3.1: a specified gross annual income of £29,000, or savings of £16,000 plus 2.5 times the shortfall, or the disability and carer's benefit route in E-LTRP.3.3. The £18,600 transitional level in E-LTRP.3.7 is only for people who first applied as a partner or fiancé(e) before 11 April 2024 and are staying with the same partner, so it does not apply to a new switch. Our guide to using savings for a spouse visa works through the arithmetic.

One difference inside the UK is the list of income that counts. E-LTRP.3.2 includes the applicant's own income from specified employment or self-employment "unless they are working illegally", where a first entry clearance application counts only the partner's. FM-SE paragraph 1(c) adds that employment income of an applicant is taken into account only if they are in the UK, aged 18 or over and working legally. Work conditions on the current visa therefore decide whether income can be used. Student, Graduate and Skilled Worker permission each carry their own conditions, which are set out on the relevant GOV.UK page.

Accommodation also has to be adequate: E-LTRP.3.4 requires evidence of accommodation the family own or occupy exclusively that is not overcrowded and does not contravene public health regulations.

English is E-LTRP.4.1. If the applicant has not met the requirement in an earlier partner or parent application, they need one of: nationality of a listed majority-English-speaking country, a speaking-and-listening test at CEFR level A1 or above with an approved provider, a UK degree-level qualification (or an overseas one assessed as equivalent and taught in English), or an exemption (age 65 or over, a condition that prevents it, or exceptional circumstances). GOV.UK says someone who has already proved their English in a previous successful visa application may not need to again. FM-SE paragraph 27 requires that a test was taken no more than two years before the application date.

Section 3C: what protects you while you wait

Timing matters because a switch must be made while the current permission is valid. Section 3C of the Immigration Act 1971 applies if a person with limited leave "applies to the Secretary of State for variation of the leave", "the application for variation is made before the leave expires", and the leave expires before the application is decided. The leave is then extended while the application is undecided, while an appeal or administrative review could be brought or is pending.

Three limits in the same section are worth knowing:

  • Section 3C(3): the extended leave "shall lapse if the applicant leaves the United Kingdom". Travelling while the application is pending can end the protection.
  • Section 3C(4): while leave is extended by 3C, a person "may not make an application for variation" of their leave, subject to the exception in subsection (5). A second application cannot simply be stacked on the first.
  • Section 3C(3A): the extension may be cancelled if the applicant failed to comply with a condition or used deception.

GOV.UK says that when an application inside the UK meets the financial and English requirements the decision usually takes 8 weeks. If it does not meet both, "it currently takes about 12 months to get a decision". Our section 3C guide covers the rules on conditions and rights during that period.

What a grant looks like and how it affects settlement

A switch that meets R-LTRP.1.1(a) to (c) is granted limited leave to remain for a period "not exceeding 30 months" under D-LTRP.1.1, with a condition of no recourse to public funds. GOV.UK says that after approval the holder can work and study. The earliest route to indefinite leave to remain is "a continuous period of at least 60 months" with partner leave, counted from the partner grant: GOV.UK states you "cannot include time you've spent in the UK ... on any other visa". Years spent in the UK as a student or worker do not count towards the partner clock.

If the application is granted on the Article 8 route in GEN.3.1 or GEN.3.2, because the financial requirement is not met or other requirements are not met but refusal would be unjustifiably harsh, D-LTRP.1.2 applies instead and settlement is after 120 months. Eligibility on that basis is decided case by case.

If the application is refused, the options depend on the reasons. Appendix AR does not cover Appendix FM refusals; our guide on a refused spouse visa sets out when an appeal is available and the deadlines.

Worked examples (illustrative)

Example 1: a student with a British partner. A person on a Student visa expiring in September has lived with a British partner for two years. E-LTRP.2.1 does not exclude someone on a student permission longer than six months, so status alone does not bar a switch. The application has to be made before the permission expires, and the financial test is the sponsor's £29,000 plus any lawful income of the applicant, or the savings formula.

Example 2: a visitor. A person on a six-month visitor visa meets a settled partner and wants to stay. E-LTRP.2.1(a) and GOV.UK's family visa page both say that someone with visitor permission cannot meet the requirements for leave to remain as a partner, and will usually need to apply for entry clearance from outside the UK.

Example 3: a short extension. A person has a visa that is valid for 4 months. E-LTRP.2.1(b) excludes valid leave of 6 months or less (unless it is fiancé(e) leave or granted pending a family court or divorce case). The length of the leave they hold, not its type, triggers the rule.

Example 4: late by ten days. A person's permission expired ten days ago. SUI 13.1(a) allows a good-reason exception where the application is made within 14 days and the decision-maker accepts the reason was beyond the applicant's control, provided it is given in or with the application. Whether a particular reason counts is a decision for the Home Office.

Finding a regulated adviser

Switching has two common traps: applying with the wrong permission or on the wrong date, and relying on income that the current visa does not allow. If you want a regulated adviser to look at the dates and status before you apply, GOV.UK explains how to find one. Only IAA-registered advisers, solicitors and barristers may give immigration advice in England and Wales.

The Migratio directory lists IAA-registered advisers (with their level) and SRA-regulated solicitors, each with their regulator and registration number. Migratio is not regulated by the IAA or the SRA and does not give immigration advice. This page explains how the rules work; it does not tell you what to do in your case.

Questions people ask

Can I switch to a spouse visa from a student visa in the UK?

The Rules do not exclude holders of student permission longer than 6 months. E-LTRP.2.1 excludes visitors and people with valid leave of 6 months or less. The application must be made before the current permission expires and must meet the full partner requirements, including the £29,000 financial requirement (or the savings route) and English.

How much does it cost to switch to a spouse visa in the UK?

GOV.UK lists £1,407 per person for a family visa applied for inside the UK, plus the Immigration Health Surcharge, which is £2,587.50 for an adult for 2 years and 6 months. Priority (£500) and super priority (£1,000) options may be offered at application.

Can I switch from a visitor visa to a spouse visa without leaving the UK?

Appendix FM E-LTRP.2.1 says an applicant must not be in the UK as a visitor, and GOV.UK says you will usually need to leave the UK to apply for a family visa in that position. Limited exceptions are listed on the GOV.UK family visa page.

Does time on my old visa count towards settlement?

No. GOV.UK says the earliest you can apply to settle is after 5 continuous years on a family visa as a partner and that you cannot include time spent in the UK on any other visa.

Can I travel while my switch application is being decided?

Section 3C(3) of the Immigration Act 1971 says leave extended under the section lapses if the applicant leaves the UK. Check section 3C and the current GOV.UK guidance before any trip while an application is pending.

Sources

Last checked 2026-10-09.

Related guides

  • Spouse visa financial requirement: how the £29,000 minimum income works — For a first partner application, the Immigration Rules require specified gross income of at least £29,000 a year, or cash savings of £16,000 plus 2.5 times any shortfall. A lower £18,600 figure applies only to people who first applied before 11 April 2024 and are extending with the same partner. Loans, benefits such as Universal Credit and property equity do not count.
  • Using savings for a spouse visa: the £16,000 rule — Under Appendix FM, cash savings can replace some or all of the £29,000 income requirement, but not pound for pound. The Rules ask for £16,000 plus 2.5 times the gap between your income and £29,000, held in cash for the 6 months before you apply.
  • Spouse visa English requirement: A1, A2 and B1 explained — Partner applicants must show English at CEFR level A1 in speaking and listening for the first visa, and A2 at the extension after 30 months if A1 was used before. You can meet it by nationality of a listed country, a degree taught in English, or an approved SELT taken within two years. People aged 65 or over, and some with disabilities, are exempt.
  • Spouse visa documents: what UKVI asks for, and the rules on how to present them — A UK partner application needs your identity documents, your partner's details, proof of relationship, specified financial evidence (for example 6 months of payslips with bank statements and an employer letter), English evidence, a TB certificate if you are from a listed country, and certified translations. Missing or out-of-date documents are the commonest reason for avoidable refusals.
  • UK spouse visa cost in 2026: the application fee, the health surcharge and what else you pay — A partner or spouse visa costs £2,064 if you apply from outside the UK and £1,407 if you apply from inside it, plus the immigration health surcharge (£3,105 for the first 2 years 9 months from outside the UK, £2,587.50 for an extension). Settlement (ILR) is a separate £3,226. These are the 8 October 2026 fees and are per person.
  • Spouse visa refused: options and deadlines — A refused UK partner (spouse) application is not on the administrative review list. You can appeal to the First-tier Tribunal only if the decision refused a human rights claim, which your decision letter should say; the deadline is 14 days in the UK or 28 days outside it and the fee is £82 or £144. Otherwise the usual step is a new application at £2,064 (outside the UK) or £1,407 (inside), plus the healthcare surcharge.
  • Section 3C leave: your status while a decision is pending — If you apply to extend or change your UK leave before it expires, section 3C of the Immigration Act 1971 extends that leave on the same conditions until the application is decided, and while an appeal or administrative review is possible or pending. It does not apply to late or invalid applications, and it ends if you leave the UK.
  • Overstayed your UK visa: what the rules say — Overstaying means staying after your permission has ended. Under Part Suitability a short gap can be disregarded in limited cases (an application within 14 days with a good reason beyond your control, or after an in-time application was refused or rejected). Overstayers have no right to work, rent or claim benefits, and leaving can trigger re-entry bans of 12 months to 10 years.
  • How to check a UK immigration adviser is registered — In the UK only a "qualified person" may give immigration advice: an IAA-registered adviser, a solicitor, barrister or chartered legal executive, or someone working under their supervision. Ask for the regulator and registration number, then check it yourself on the IAA Adviser Register or the SRA Solicitors Register.