UK Spouse Visa Application
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What is the UK Spouse visa?
A UK Spouse visa is needed to enable your spouse or partner to stay in the UK for over 6 months. The initial visa is granted for 2 years and 9 months. After which, you will need to apply for a further visa extension of 2 years and 6 months. Thereafter, an Indefinite Leave to Remain in the UK can be applied for. A Spouse visa allows your spouse or partner to live in the UK, travel, study or work without any restrictions.
Contact our immigration experts today on 0203 5245439.
Eligibility for a UK Spouse visa
British citizens and their partner who wish to apply for a Spouse visa need to make sure they meet the eligibility criteria. The following requirements must be met:
- Both individuals must be aged 18 or over
- The couple must have met each other and be legally married
- The parties must intend to live together permanently
- The non-EEA national’s relationship with the UK partner must be “genuine” and “subsisting”.
Your partner must also be/have one of the following:
- A British or Irish citizen
- Have settled status in the UK
- Have pre-settled status and started living in the UK before 1 January 2021
- Have a Turkish Businessperson visa or Turkish Worker visa
- Have a refugee status or humanitarian protection in the UK
- You and your partner must intend to live together permanently in the UK after you apply.
Genuine relationship requirement
Applicants must persuade the Home Office that they are in a genuine relationship by providing relationship evidence. Documents that the Spouse visa applicant can provide are:
- Photographs showing them with their UK partner
- Evidence of communication
- Joint commitments
- Statements from third parties confirming the same.
It is usually the UK sponsor who has to meet the financial requirements in order to successfully apply for a Spouse visa. As a sponsor, your income can only be taken into consideration if you are a resident in the United Kingdom.
The minimum income required to sponsor your spouse or partner to come to the UK is £18,600 and the amount is higher if the sponsor is also sponsoring dependent children. However there are several sources of income which count towards the financial requirement and reduce the financial threshold required to be met, such as:
- salaried or non-salaried employment
- cash savings of at least £62,500 held for a minimum of 6 months
- income from self-employment
- permitted benefits, pensions and allowance.
Adequate accommodation requirement
The Home Office must be assured that you will be adequately accommodated. The property must not be overcrowded as defined in the Housing Act 1985, and it can either be owned or rented. If rented, written permission from the landlord is required.
English language requirement
As a Spouse visa applicant, you must prove that you can speak and understand English at the required level of difficulty. If you are from a country outside of the EEA which is not primarily English speaking, you must pass an English Language test which is authorised by the Home Office. Some countries are exempt from having to pass the English language test, this list can be found in our FAQ section below.
How can NA Law Solicitors help with a UK Spouse Visa Application?
Spouse visas have extremely high refusal rates mostly due to applicants’ failure to provide the right documents in the specified format. Refusal of a Spouse visa application can cause complications such as loss of money, time and frustration. At NA Law Solicitors, we understand the importance of being close to loved ones and we will do everything to make sure your chances of success in your Spouse visa application are maximised whilst you strengthen and enjoy your relationship.
We will do the following on your behalf:
- Assess your suitability
- Check your documents to make sure they are adequate for your Spouse visa application
- Prepare a detailed document list
- Certify you have enough evidence that your relationship is genuine
- Liaise with the Home Office during your application process
Contact us now for a case assessment and to discuss how we can assist with the process of joining your loved one or bringing your loved one to the UK.
Frequently Asked Questions (FAQs):
A visa for your partner lasts 33 months. Your partner can then renew their visa from the UK for another 2 years and 6 months.
If they meet the requirements of these visas, they can apply to settle in the UK after a total of 5 years.
If the application gets rejected, appealing will take between 6 and 9 months.
- Documents evidencing how the sponsor/applicant meet the financial eligibility requirement
- Documents evidencing that the applicant meets the English language requirement
- TB Test certificate in the name of the applicant if the partner is from a country that requires applicants to undergo this test
- Evidence of accommodation available to the applicant in UK
- Evidence of relationship of the applicant and sponsor. For example marriage certificate, chat histories, call logs, joint bank account statement etc.
The application for a Spouse visa is as follows:
- Complete online application
- Make the visa fee payment and Immigration Health surcharge payment
- Visit the UK VFS to submit their original passport and biometric enrolment
- Send their documents to Home Office Visa processing team in Sheffield
Home Office currently states that most applications are decided within 12 weeks.
A partner means:
- husband or wife
- civil partner
- other partner who you’ve lived with for at least 2 years
Any partner can apply from outside the UK or they can apply from inside the UK as long as they:
- were given leave to remain in the UK for more than 6 months
- aren’t currently in the UK on a visit visa
- aren’t applying as a fiancé(e)
The list of countries exempt from passing the English language test:
- Antigua and Barbuda
- the Bahamas
- New Zealand
- St Kitts and Nevis
- St Lucia
- St Vincent and the Grenadines
- Trinidad and Tobago