Spouse Visa UK
Spouse Visa UK, also known as Marriage Visa UK, allows non-British partners to join their British or Settled Spouse. This visa permits the applicant to enter, reside and work in the United Kingdom. It is a route to settlement. The applicants must satisfy the Home Office requirements to obtain a UK Spouse Visa.
Nexis Law has a team of expert immigration lawyers having an excellent track record of successful spouse visa applications. Our team is readily available to guide you for immediate support and assistance with your case. We are available at your ease, you can meet us in person, speak to us over the phone, or have an online virtual meeting with us.
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- What is Spouse Visa UK?
- Who can apply for a Spouse Visa UK?
- What are the requirements for Spouse Visa?
- What is the genuine relationship test?
- What are the required documents for Spouse Visa UK?
- What source of income can be provided?
- Can I use benefits as a source of income?
- What are the accommodation requirements
- Which english language test is required?
- What happens when Spouse Visa is approved?
- What is Spouse Visa fee?
- What is the processing time?
- What is 10 Year Route on a UK spouse visa?
- What happens if your UK Spouse visa is rejected?
- How long does it take to appeal a UK Spouse Visa?
- What happens after the expiry of a UK Spouse Visa?
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What is a spouse visa UK?
Spouse visa UK allows non-British partners to join their Spouse in the UK.
You can apply for a UK Spouse visa if you are married to any of the following:
- A British or Irish Citizen
- A Settled status holder or someone who is on a pre-settled status
- Turkish worker visa holder or Turkish Businesspersons
- Refugee status holders or those in the UK under humanitarian protection.
The Spouse visa UK is also sometimes known as a “UK partner visa” or a “UK marriage visa.”
Who is eligible to apply for a spouse visa UK?
To be eligible to apply for a Spouse visa UK, you:
- Must be 18+
- Married to a British citizen or UK-settled person
- You and your partner must have met in person.
- Married or in a civil partnership that is recognised by the UK
- You are engaged/hold Fiance Visa UK and plan to marry within 6 months of being in the UK
British citizens can submit entry clearance application forms on the partner’s behalf (if consented) by the partner.
What is the genuine relationship requirement?
To obtain a Spouse Visa UK, one must show proof of a legitimate relationship with their British citizen partner.
It is to prove that both have spent sufficient time together to develop their relationship and that their relationship is authentic. This can be evident in various ways.
- Evidence of your shared children, such as a birth certificate
- A joint mortgage or tenancy agreement, in or outside the United Kingdom.
- Photographs that frequently depict your time spent together
- A shared savings account or bank account
- Text messages or chat logs from social media.
- Documents proving you’ve visited each other at least once prior to the wedding.
- Any evidence that you intend to live together in the United Kingdom
What are the requirements for a spouse visa or partner visa?
To successfully obtain a family visa as a partner or spouse, you must meet the following requirements:
Your partner must either:
- be a British citizen; or
- have settled status in the UK – for example, they have ILR, settled status or proof of permanent residence; or
- be from the EU, Switzerland, Norway, Iceland, or Liechtenstein and have pre-settled status – they must have started living in the UK before 1 January 2021; or
- have refugee status or humanitarian protection in the UK.
- You are in a civil partnership or marriage that’s recognised in the UK.
- If you are a fiancé(e) or proposed civil partner, you must be seeking entry to the UK to enable your marriage or civil partnership to take place in the United Kingdom.
- The relationship between you and your sponsor must be genuine and subsisting.
- You intend to live permanently with your sponsor in the UK and have adequate accommodation without recourse to public funds.
- Your sponsor meets the financial requirement. This would normally mean having an income of at least £18,600 per year (this increases if you have children) and/or having sufficient savings.
- You meet the English language requirement.
- You meet the suitability requirements.
- Provide a TB Medical Certificate (if applicable).
The initial entry clearance visa is granted for 33 months after which you have to apply for an extension. After completing five years on this visa, you may be able to apply for Indefinite Leave to Remain.
Are you looking for help with your UK spouse visa application?
Nexis law has experienced immigration lawyers here to provide the assistance you need. Our team has over 10 years of experience and has successfully helped hundreds of clients with their immigration matters.
What are the required documents for spouse visa?
Here is a checklist of the documents that must be provided in support of your Partner Visa application:
- Proof of ‘Genuine Relationship’ document
- Marriage Certificate
- Proof of English language proficiency
- Proof of Financial income
- Proof of living arrangements/accommodation
- TB test for entry clearance (if applicable)
- Any other documents that can demonstrate that you and your partner are in a genuine relationship must also be provided.
Get a bespoke consultation from one of our competent immigration experts to assist you with the preparation of your spousal visa application so that you don’t overlook any documentary evidence.
What sources of income can be provided?
To satisfy the minimum income requirement for your application for a UK Spouse Visa, you may use:
- Savings over £16,000
- Employment or self-employment earnings showing an earning of at least £18,600
- Pay for maternity, paternity, adoption, or illness.
- Pensions
- Other income sources, such as rent or stock dividends
If your partner is applying from outside the UK, they can use their savings, but not their earnings, to contribute to the total income amount. However, if your spouse is employed in the United Kingdom, their income can be added to the total.
You can also use a combination of earnings and savings to meet the minimum income requirement.
To determine how much you will need in savings, deduct from the minimum requirement any other qualifying income. Multiply this result by 2.5 and then add 16,000.
Can I use benefits to meet spouse visa financial requirement?
In certain circumstances, you will need to meet a lower spouse visa financial requirements (adequate maintenance), i.e, when you are claiming certain benefits:
- Disability Expense Allowance
- Allowance for Severe Disability
- Industrial Injuries Disablement Benefit Attendance Allowance
- Caregivers’ Allowance
- Personal Independence Payment
- Armed Forces Compensation Scheme Armed Forces Independence Payment or Guaranteed Income Payment
- Constant Attendance Allowance, Mobility Supplement, and War Disability Pension under the War Pensions Scheme.
- Police Accident Benefits
You must however demonstrate that you have sufficient funds to support your spouse visa dependents. This is referred to as “adequate maintenance,” and the exact amount you require will depend on your specific situation.
You will need at least £120 per week after deducting housing expenses. This amount will increase if you have one or more children.
What are the accommodation requirements?
As part of your application for a UK Spouse Visa, you must provide evidence of accommodation that meets UK standard of living.
Your British partner, who acts as your sponsor, must demonstrate that he or she can provide adequate housing for themselves, the applicant, and any dependents planning to reside in the United Kingdom.
For proof of residence, the evidence can be:
- A report of the residence where you and your spouse intend to reside
- Proof that the property has enough rooms to accommodate everyone
- Proof that you can manage to pay for your family’s lodging
To qualify, your home must have sufficient space for the couple and their dependents. Each person must have their own room, but:
- Couples are permitted to share a bedroom.
- Living rooms can be counted when determining the number of bedrooms
- Children under 1 do not require a separate room.
- Children ages 1 to 9 are considered half a person.
- Children aged 10 and older are considered adults.
- Children aged 10 or older of the opposite sex should not have a room together.
This means two children under the age of 10 can share a room, and infants under a year old can live with the couple.
What is an English language test?
Applicants who desire to reside in the United Kingdom must be able to demonstrate English proficiency. You will be required to pass atleast an A1 English Language Life Skill test for your initial spouse visa application.
You do not need to take an English Language exam if:
- Are a citizen of a predominantly English-speaking nation – (List)
- Are under 18 or over 65 years old, have a chronic physical or mental condition
- Hold a degree from an institution in which English was taught or researched
Your qualification is from university or college outside the UK. You will need to provide a certificate from Ecctis (formerly UK NARIC).
What happens if my application for a UK spouse visa is approved?
When your application has been approved, you will be granted leave to remain, allowing you to enter the United Kingdom within 30 days. You will have 10 days upon arrival in the United Kingdom to collect a Biometric Residence Permit (BRP).
If you do not enter the United Kingdom within this time frame, you may apply for a further 30-day entry permit. However, there will be an additional charge.
Are you looking for an immigration lawyer?
If you’re looking for an experienced immigration lawyer to help you with your UK immigration case, look no further. We have a team of dedicated immigration lawyers with the knowledge and skills to help you with the complexities of UK immigration Law.
What is the spouse visa fee?
The current standard UK spouse visa UK fee is approximately £1540 plus an Immigration Health surcharge of approximately £1872.
If you want to avail a priority premium service, the fee for this service is £573.00 on top of the standard application fee.
For in-country UK Spouse visa application the fee is currently £1033, the Immigration health surcharge is £1560 and priority services range from £500-£800.
It’s important to note that the Spouse Visa fee is non-refundable, even if your application is refused.
If you have any questions about the fee for a UK Spouse Visa or any other immigration-related fees, you may want to consider seeking the guidance of an immigration lawyer who can help you understand the costs involved and advise you on the best options for your individual circumstances.
What is the processing time?
The processing time for a UK Spouse Visa can vary depending on a number of factors, including the volume of applications received by UK Visas and Immigration (UKVI), the completeness and accuracy of the application, and any additional security or background checks that may be required.
According to UKVI’s published service standards, the current processing time for a Spouse Visa is around 12 weeks from the date the application is received. However, it’s important to note that this is just an estimate and that actual processing times can vary.
If you need to travel to the UK urgently, you may be able to apply for an expedited service, which allows you to receive a decision on your application within five working days for an additional fee. It’s important to note that this service is only available in certain circumstances and is not guaranteed.
If you have any concerns about the processing time for your Spouse Visa application, you may want to consider seeking the guidance of an UK immigration lawyer who can help you understand the factors that may affect your application and advise you on any steps you can take to ensure a smooth and efficient process.
What is 10 year route on a UK spouse visa?
The 10-year UK spouse visa route is for those who are unable to meet all the Spouse visa requirements for the 5-year route at the time of application.
Once the leave to remain under spouse visa (10 year route) has been granted, an application to switch to the 5 year route can be made as long as all requirements of Immigration rules for spouse visa under the 5 year route are fulfilled.
What happens if your spouse visa is rejected?
Spouse visa application could be rejected due to many factors, i.e., misinformation, incomplete evidence, error etc. However, the most repeated grounds for Spouse Visa rejections are generally due to insufficient mandatory information.
How to appeal UK spouse visa refusal?
You can lodge an appeal yourself or can request a legal representation on your behalf at the Court. The judge can then decide whether to allow your appeal or dismiss it based on the evidence and grounds.
If you want to submit an appeal for a Spouse Visa, you must act swiftly and follow the steps below:
- Initiate your appeal to the Immigration and Asylum Chamber within 28 days of receiving the refusal decision if your application was made overseas, or 14 days if it was made in the UK.
- Ensure that your appeal’s grounds are valid and likely to be accepted.
- Prepare your case to submit to the Immigration Tribunal with the strongest application possible. Compile the supporting documentation to prove why your application should be accepted.
- Attend your trial before the Tribunal (if relevant)
Please keep in mind that your appeal is likely to fail if the mistake is solely made by you. For instance, lack of mandatory documents etc. may result in dismissal.
How long does it take to appeal a spouse visa?
The appeals process can be lengthy. Some applicants may be required to wait up to a year or longer for a decision on their Spouse Visa refusal appeal.
Among the reasons for refusal are the following:
- Failure to establish that the relationship genuine
- Not meeting the financial requirement of £18,600
- Not providing the proper supporting materials
- Inadequate or incorrect application
The most effective method for avoiding the Spouse Visa appeal procedure is to submit a complete and accurate initial application.
What happens after the expiry of a spouse visa?
If the UK Spouse visa expires, your spouse cannot live and work in the UK unless an in-time UK spouse visa extension application or settlement application (after extension) is made.
Moreover, you must inform the Home Office if your relationship breaks down. It is also important that the applicant abides by the UK immigration rules while living in the UK to prevent any refusal on future Visa applications.
Frequently Asked Questions (FAQs)
What Are the requirements for a spouse visa UK?
The eligibility criteria consist of the following:
- A minimum income threshold of £18,600
- Evidence of English language proficiency
- Evidence of a suitable living arrangement for both you and your partner
- Proving that the relationship is genuine.
These requirements will differ based on your spouse’s circumstances and whether or not you have dependent children.
What is the minimum income required to apply for a spouse visa UK?
The minimum income considered necessary to sponsor your partner or spouse to enter the United Kingdom was established by the Home Office in July 2012 at £18,600. This requirement increases by £3,800 a year for your first child and £2,400 for each child you have after your first child.
What if a spouse visa UK is refused?
If you receive a letter stating that your spouse visa was denied, you typically have the option to appeal if you believe the decision was unjust. Your refusal letter will indicate whether you are eligible to appeal. You may submit additional evidence if it demonstrates your eligibility at the time of your original application.
What are the options if I do not meet the spouse visa UK financial requirement?
Since August 10, 2017, decisions regarding spouse visa UK applications must consider alternative financing methods.
This could consist of self-sufficiency, self-employment, or continued financial assistance from a relative. You can also rely on certain benefits if you are unable to earn the minimum required amount.
What is the English language requirement for a spouse visa UK?
If you are applying for a UK spouse visa entry clearance application then you must pass the A1 English language test from an approved test centre. You may be exempt from this requirement if you are from a predominantly English-speaking country.
What happens to a UK spouse visa in case of divorce?
If you decide to dissolve your relationship or divorce your spouse, it is vital that you inform the Home Office as soon as possible, as this may affect your future visa applications.
Due to the fact that your leave is highly dependent on your relationship, the Home Office will issue a spouse visa curtailment. This will typically give you sufficient time to submit a new application under a new route to remain in the United Kingdom or leave the country, but you must act quickly.
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