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If you are married to or the partner of a British or settled person but cannot meet the financial or English requirement, you may still be granted leave where refusing you would breach your right to family life. This is usually called the ten-year route: leave is granted in periods of two years and six months and settlement comes after ten years rather than five.
Who it is for
- Partners who do not meet the £29,000 income requirement and cannot make it up with savings.
- Partners who cannot pass the English test and are not exempt.
- People whose immigration status stops them switching on the five-year route, for example overstayers or visitors.
- Parents of British children, or children who have lived here seven years, where it would not be reasonable for the child to leave.
What you must show
The Home Office asks whether there are insurmountable obstacles to family life continuing outside the UK, or whether refusal would otherwise breach Article 8 of the European Convention on Human Rights. Evidence that matters includes your partner's ties to the UK, children and their schooling, health, caring responsibilities, and the real conditions in the country you would be expected to go to. General hardship is not enough; the evidence has to be specific.
Moving to the five-year route
If you later meet the financial and English requirements, you can apply to switch to the five-year route at your next extension. Time already spent on the ten-year route does not count towards the five years, so it is worth checking at every extension whether you now qualify.
Decisions and appeals
In-country applications relying on exceptional circumstances currently take about 12 months. A refusal carries a right of appeal to the First-tier Tribunal, where the judge looks at your family life afresh; see visa refusals and appeals. A fee waiver is available if you cannot afford the application fee.
What we do
We assess whether you can meet the five-year route first, because it is faster and cheaper. If not, we build the exceptional circumstances case properly the first time: witness statements, country evidence and expert reports where needed. We also act in the appeal if the application is refused.
Fees and costs
Home Office figures correct on 13 October 2026; they change, usually in April, and we confirm them when we advise you.
- Application fee: £2,064 from outside the UK, £1,407 from inside the UK.
- Immigration health surcharge: £1,035 a year for an adult, paid for the whole period of the visa.
- Our fee is fixed and quoted in writing before you instruct us. See our fees.
Ask a question
If you are not sure which route applies, ask a solicitor and we will reply by phone or email. For an open discussion with other applicants, see ukspousevisa.co.uk, our separate site about partner visas.






