IAA regulated · Level 1 · F202535916
Moving back to the UK with your non-British spouse

Visa help for British citizens living abroad, including how overseas income and savings count.

Start the eligibility checkContact us
Regulated by
IAA, F202535916
Adviser level
Level 1
Where
UK and worldwide
Our fees
Agreed in writing
Entry clearance fee
£2,064
Plus health surcharge
Income requirement
£29,000
Check how overseas income counts
Route to settlement
5 years
Entry, one extension, then ILR
Where you apply
Abroad
From your country of residence
Settlement rules are expected to change

The government has announced a new Earned Settlement system. Under the proposals the default wait for indefinite leave to remain (ILR) would be 10 years, with shorter or longer pathways depending on your route, earnings, record and use of public funds. The proposals include a five-year pathway for eligible partners of British citizens. No start date has been published, and the current rules apply until the new rules are in force. Contact us to look at your position.

ILR and settlement helpCheck your position

The route in outline

If you are a British citizen, your non-British spouse, civil partner or unmarried partner can apply for entry clearance as a partner under Appendix FM of the Immigration Rules. You normally apply from the country where you both live, then travel to the UK together or after the visa is granted. The first grant is for about two and a half years, followed by an extension and then settlement, as on our partner visa page. Under the government's proposals, partners of British citizens would keep a five-year pathway to settlement, with new mandatory standards such as English at B2. No start date has been published.

The main requirements are the same as for couples already in the UK: a genuine relationship, adequate accommodation, English language ability, and the financial requirement. The financial requirement is where expats most often get stuck.

Why expats have a different problem

The financial requirement is currently £29,000 a year for a sponsor working in the UK. But if you work overseas, the rules on what income counts are specific.

  • Overseas employment income. In many cases it counts only if you are returning to the UK to take up employment that is due to start within three months of the application. Evidence of that job offer is required.

  • Income from a UK job offer. A written job offer in the UK can be used, with the right evidence.

  • Savings. Cash savings can be used instead of, or alongside, income, but the formula for how much you need is demanding. Savings must be held for a set period and in an accepted form.

  • Self-employment or business income. Different documents apply, and overseas business accounts can be hard to present.

  • Pensions and other income. Some sources count, with their own evidence rules.

  • The spouse's own income. A partner's income from overseas generally does not count; income from work in the UK after arrival does not count at entry clearance stage.

Because the rules are technical, small differences in how income is shown can decide an application. We assess the best way to meet the requirement before you apply.

Alternatives to consider

Some families have more than one option.

  • Waiting and building evidence. If the income gap is small, a delay of a few months, a pay change or a new job offer could close it.

  • Using a UK job offer. A British sponsor who is still abroad may be able to rely on a confirmed UK job offer or signed contract that starts within three months of returning, normally combined with evidence of income over the previous 12 months. Income from work abroad can also count with suitable evidence. You do not have to return first and work in the UK for six months. The right method depends on how long the sponsor has been employed and what evidence is available.

  • Returning first. Some families choose to have the sponsor return and start work, with the partner applying from abroad afterwards. A partner who visits the UK must come as a genuine visitor. They cannot switch to a partner visa from inside the UK, so the application has to be made from abroad.

  • Other routes for your spouse. If your partner has a job offer from a licensed sponsor at the required skill level and salary, the Skilled Worker route may be an option. See Skilled Worker visa help.

  • Surinder Singh. This route closed on 29 March 2022. It applied to British citizens who had exercised treaty rights in an EEA state by 31 December 2020. Late applications could be considered only where there were reasonable grounds. Most families now apply under the Immigration Rules, but we can check whether your history may be covered.

Evidence for expat couples

Strong applications usually include:

  • Proof of your British citizenship (British passport or naturalisation certificate);

  • Marriage, civil-partnership or cohabitation evidence;

  • Employment contracts, payslips and bank statements, with translations where needed;

  • A UK job offer or a letter from a UK employer, if relying on future income;

  • Proof of UK accommodation you or your family can provide;

  • Your spouse's English language evidence and, if required, a tuberculosis test;

  • Evidence that you plan to live in the UK permanently.

We help you decide what to include and in what order.

Fees and costs

The Home Office fee for a partner application from abroad is £2,064, plus the Immigration Health Surcharge for the grant period (about £3,105 for a standard first grant). See the full table in our spouse visa cost guide. Add visa application centre costs, translations and any tuberculosis test.

Our own fees are separate:

ServiceOur fee
Initial advice£60 to £125
Document check£200 to £700
Family application support£400 to £1,050

We agree scope and price in writing before work begins.

Planning your move

A practical timeline for many expat families:

  1. Six to twelve months before. Check the financial requirement and gather savings or income evidence. Contact us.

  2. Three to six months before. Arrange a UK job offer if you are relying on future income. Gather relationship and accommodation evidence.

  3. Application. Apply from your country of residence, give biometrics and wait for the decision.

  4. After the visa is granted. Plan the move, schools, housing and the registration of any children.

Children may need their own application or a British citizenship registration. Tell us about them at the start.

How we help

  1. Initial advice. We assess your income, savings and options.

  2. Document check. We review your evidence and identify gaps.

  3. Application support. We prepare the application and explain biometrics and next steps.

  4. After the decision. We help with extension and settlement planning.

Our five-step process
1
Eligibility check
Two minutes online.
2
Initial advice
Income, savings and timing.
3
Document review
Gaps and fixes.
4
Application
Prepared and submitted with you.
5
Decision and beyond
The move and the extension.

Working with expats worldwide

We advise British citizens and their families in the United States, Canada, Australia, New Zealand, the UAE and across Europe, including Spain, France, Portugal and Italy. We work by video call and email, across time zones, in English. Our Level 1 authorisation covers the type of work, not where you live.

What we do not do

We do not guarantee outcomes. If your application is refused, we explain the reasons and your options. We are not able to advise on tax, pensions or the law of the country where you live; speak to a local professional for those.

Frequently asked questions
Can I bring my non-British spouse to the UK if I live abroad?

Yes, if you meet the partner visa requirements, including the financial requirement.

Does my overseas salary count?

Often only in limited circumstances, such as returning to take up a UK job. Check the rules for your case.

Can I use savings instead?

Yes, but the amount required is high and the rules on holding savings are strict.

Do I need to be in the UK to sponsor my spouse?

No, but your plans and evidence need to be clear.

What about the Surinder Singh route?

It is closed to most new applicants. We can check whether your history qualifies.

What if we have children?

They may need their own application or registration. Tell us at the start.

Can you help us from outside the UK?

Yes, we advise clients worldwide.

This page is general information, not advice on your case. Rules and fees change; always check GOV.UK.

Check where you stand before you pay the fee. Start the eligibility check or contact us.

Check if you qualify

Our eligibility tool takes a few minutes.

Start the eligibility check

Prefer to talk it through?

Initial advice from £60.

Contact us

Discuss Your Immigration Legal Strategy

Meet Our Team

Bill Zahr

Principal Lawyer & Managing Director

Bill Zahr (LLB Hons) leads Noble Rose Immigration Service with a methodical, "law-first" approach. Guided by the ethos ‘Navigare per Legem’, Bill combines rigorous legal expertise with genuine empathy to navigate complex UK immigration cases. Formerly of a top-tier UK firm, he ensures every client receives transparent, elite, and personalised care.

Renzel Carlos

Client Relations Manager & Immigration Paralegal

Renzel Carlos (LLB Hons, First Class) is the primary liaison at Noble Rose Immigration Service. Currently undertaking the Bar Vocational Studies (BVS) programme, she combines a meticulous legal foundation with deep frontline experience. Renzel is dedicated to guiding clients through the emotional complexities of immigration with high-level professionalism, precision, and compassionate care.