What is a spouse visa
A spouse visa is a type of visa that allows a non-UK national to join their partner in the UK, provided that the partner is a British citizen or has settled status in the UK. The purpose of the spouse visa is to enable married partners or those in a civil partnership to live together in the UK. In order to be eligible for a spouse visa, the applicant must be legally married to their partner or in a civil partnership with them. The marriage or civil partnership must be recognized by UK law and meet the minimum age requirements. The sponsoring partner must also meet financial requirements and the applicant must meet English language requirements. The visa application process can be complex, and it is important to seek professional advice to ensure that the eligibility criteria are met and the correct documents are submitted.
UK spouse visa requirements
The UK spouse visa requirements can be summarized as follows:
- Relationship requirements: To be eligible for a spouse visa, the applicant must be legally married to their partner or in a civil partnership with them. The marriage or civil partnership must be recognized by UK law and meet the minimum age requirements.
- Financial requirements: The sponsoring partner must meet a minimum income threshold, which is currently £18,600 per annum. However, the threshold may be higher if the couple has dependent children or if the applicant is applying from outside the UK. Alternatively, if the sponsoring partner does not meet the income threshold, they may use savings to make up the shortfall. The savings must be held for a certain amount of time, depending on the amount, and the applicant must provide evidence of the savings.
- English language requirements: The applicant must meet the English language requirement, which can be done by passing an approved English language test or by having a degree that was taught in English.
- Accommodation requirements: The applicant and their partner must have suitable accommodation that they own or have the right to occupy. The accommodation must meet the UK’s housing standards and not be overcrowded.
- Health requirements: The applicant must not have any serious health conditions that would be a burden on the UK’s healthcare system.
- Character requirements: The applicant must not have a criminal record or pose a threat to national security.
The visa application process can be complex, and it is important to seek professional advice to ensure that the eligibility criteria are met and the correct documents are submitted.
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Partner visa required application document
When applying for a Partner Visa, there are several documents that need to be submitted to demonstrate the applicant’s eligibility for the visa. These documents serve as evidence of the applicant’s relationship with their partner and their ability to meet the financial and other requirements of the visa.
Some of the key documents that need to be included in the application are:
- Proof of identity: The applicant must provide a valid passport or other identity document to prove their identity.
- Proof of relationship: The applicant must provide evidence of their relationship with their partner, such as marriage or civil partnership certificates, joint bank statements, utility bills, or photos of the couple together.
- Proof of financial support: The sponsoring partner must provide evidence of their income, such as payslips or tax returns, to demonstrate that they meet the financial requirements of the visa. Alternatively, they can provide evidence of savings or other sources of income.
- English language test results: The applicant must provide evidence of their English language proficiency, such as results from an approved English language test.
- Accommodation details: The applicant and their partner must provide details of their accommodation in the UK, such as a tenancy agreement or property ownership documents.
- Criminal record certificate: The applicant may need to provide a criminal record certificate from any country where they have lived for more than 12 months in the past 10 years.
- Tuberculosis (TB) test results: Depending on the applicant’s country of origin, they may need to provide TB test results.
It’s important to note that the specific documents required may vary depending on the individual circumstances of the applicant and their partner. It’s always a good idea to consult with a qualified immigration advisor or lawyer to ensure that all necessary documents are included in the application.
Status for sponsoring partner
To be eligible for a UK Spouse Visa, your partner must fulfill one of the following conditions:
- Be a British or Irish citizen residing in the UK;
- Possess indefinite leave to remain, settled status, or permanent residence in the UK;
- Have pre-settled status under Appendix EU;
- Have limited leave to remain as a Turkish Businessperson or Turkish Worker under Appendix ECAA;
- Hold refugee leave or humanitarian protection status in the UK.
Please note that a British Citizen in the UK also includes a British Citizen who intends to enter the UK with you as your partner. Additionally, a person with indefinite leave to remain in the UK includes a person who is being granted settlement on the same occasion as you.
Genuine relationship requirements
The genuine relationship requirement is a key requirement for a Partner Visa application. It is used to ensure that the applicant and their partner have a genuine and ongoing relationship, rather than entering into a sham marriage or civil partnership solely for the purpose of obtaining a visa to live in the UK.
In order to meet the genuine relationship requirement, the applicant must provide evidence that they are in a genuine relationship with their partner. This evidence may include documents such as marriage or civil partnership certificates, joint bank statements, utility bills, photographs of the couple together, and correspondence between the couple. The evidence must demonstrate that the relationship is ongoing and that the couple intends to live together in the UK.
The Home Office may also conduct an interview with the couple to assess the genuineness of their relationship. During the interview, the couple will be asked about their relationship history, how they met, and their plans for the future. The purpose of the interview is to assess whether the relationship is genuine or whether it has been entered into for immigration purposes.
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It’s important to note that the Home Office may also carry out checks to ensure that the relationship is genuine. For example, they may speak to family members or friends of the couple to gather further evidence.
Overall, the genuine relationship requirement is an important aspect of the Partner Visa application process. It ensures that the visa is granted to those who are in genuine relationships and helps to prevent abuse of the immigration system.
UK spouse financial requirements
The UK Spouse Visa financial requirement is a key aspect of the visa application process. It is designed to ensure that the applicant and their partner can support themselves without relying on public funds once they are living in the UK.
To meet the financial requirement, the sponsoring partner must have a minimum annual income of £18,600. However, if the couple has children, the financial requirement increases. The minimum income requirement is £22,400 for one child, and an additional £2,400 for each additional child.
If the sponsoring partner does not meet the minimum income requirement, they may be able to use savings or other sources of income to meet the financial requirement. The applicant and their partner can use cash savings or assets, such as property or shares, to demonstrate that they can support themselves without relying on public funds. The amount of savings or other income required will depend on the number of dependents and the length of time that the applicant and their partner have been together.
The financial requirement for a UK Spouse Visa can be met through any of the following sources, which can be combined:
- Salary from employment, including self-employment
- Income from stocks and shares
- Pension
- Income from property rental (if applicable)
- Savings (up to £16,000)
It’s important to note that your income can only be used to meet the financial requirement if you are currently living in the UK and earning money in the country.
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In some cases, you may be exempt from the financial requirements if you receive certain benefits, including:
- Disability Living Allowance
- Severe Disablement Allowance
- Industrial Injuries Disablement Benefit
- Attendance Allowance
- Personal Independence Payment
- Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme
- Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme
- Bereavement benefits
If you are eligible for any of these benefits, you will need to provide evidence of “adequate maintenance” for your spouse and dependents. In situations where the UK sponsor does not meet the minimum financial requirement, the Home Office will consider specific circumstances.
It’s important to note that the financial requirement is just one aspect of the visa application process, and other requirements, such as the genuine relationship requirement, must also be met. It’s always a good idea to consult with a qualified immigration advisor or lawyer to ensure that all requirements are met before submitting a visa application.
UK spouse visa English language requirement
The UK Spouse Visa has an English language requirement that the applicant must meet. This requirement is to ensure that the applicant has a basic understanding of the English language, which will help them to integrate and communicate effectively in the UK.
To meet the English language requirement, the applicant must demonstrate their knowledge of English by passing an approved English language test. The test will assess the applicant’s speaking, listening, reading, and writing skills in English. The applicant must achieve at least a CEFR Level A1 in all four components of the test.
There are some exceptions to the English language requirement, including:
- If the applicant is a national of a majority English-speaking country
- If the applicant has completed a degree that was taught in English
- If the applicant has a medical condition that makes it difficult for them to learn English
- If the applicant is over 65 years old
- If the applicant has a disability that prevents them from meeting the requirement
If the applicant is unable to meet the English language requirement, they may be able to apply for a visa extension to give them more time to meet the requirement, or they may be able to apply for a waiver of the requirement in some cases.
UK spouse visa application fee
The UK Spouse Visa application fee is currently £1,523 for applications made outside the UK and £1,033 for applications made within the UK. These fees are subject to change, so it’s important to check the latest fees before applying.
In addition to the application fee, there are other fees that may apply, such as the Immigration Health Surcharge (IHS). The IHS is a fee that most visa applicants are required to pay, and it gives them access to the National Health Service (NHS) in the UK. The IHS fee is currently £624 per year for each applicant, and it’s payable at the time of the visa application.
There may also be other costs associated with the application process, such as fees for English language tests or translations of documents if necessary. It’s important to factor in these additional costs when planning your visa application.
It’s worth noting that the UK government offers a priority service and a super priority service for certain visa applications, including the Spouse Visa. These services allow applicants to receive a faster decision on their application, and the fees for these services vary depending on the type of service requested.
UK spouse visa processing time
The processing time for a UK Spouse Visa application can vary depending on several factors, including the volume of applications being processed, the complexity of the application, and whether any additional checks or documents are required.
As of September 2021, the current processing time for a UK Spouse Visa application is up to 12 weeks (approximately 3 months) for applications made outside the UK and up to 8 weeks (approximately 2 months) for applications made within the UK.
However, it’s important to note that these processing times are only indicative and may vary depending on individual circumstances. Some applications may be processed faster, while others may take longer.
It’s also worth considering the impact of COVID-19 on processing times. The pandemic has caused significant disruptions to visa processing times, with many applications delayed due to office closures, reduced staff levels, and other factors.
To stay updated on processing times, it’s recommended to regularly check the UK government website for the latest information and guidance on visa processing times.
What is the duration of the UK spouse visa
The duration of a UK Spouse Visa depends on several factors, including the length of the initial visa granted and whether the applicant intends to apply for an extension.
In general, the initial visa granted under the Spouse Visa category is valid for 33 months (approximately 2 years and 9 months) for applicants outside the UK and for 30 months (2 years and 6 months) for applicants within the UK.
Once the initial visa expires, the applicant may be eligible to apply for an extension of their visa, which will typically be granted for a further 30 months. After a total of five years of continuous residence in the UK under the Spouse Visa category, the applicant may be eligible to apply for Indefinite Leave to Remain (ILR), which allows them to remain in the UK indefinitely without any immigration restrictions.
It’s important to note that the rules and requirements for UK Spouse Visa applications and extensions can change over time, so it’s important to stay up to date with the latest information from the UK government’s immigration website or by seeking advice from a qualified immigration specialist.
Switching into the spouse visa route from the UK
If you are currently in the UK and want to apply for a Spouse Visa, you may be able to do so. However, there are certain restrictions that apply.
If you are in the UK as a visitor, you are generally not allowed to switch to a Spouse Visa while in the country. The same applies if you have been granted permission to stay in the UK for a period of six months or less, with some limited exceptions. In these cases, you will need to leave the UK and apply for a Spouse Visa from your home country.
However, there are some situations where you may be allowed to apply for a Spouse Visa from within the UK. If you are in the UK as a fiancé(e), or if you have been granted leave to remain pending the outcome of family court or divorce proceedings, you may be eligible to apply for a Spouse Visa from within the UK.
It’s important to note that the rules and regulations around applying for a Spouse Visa from within the UK can be complex and may vary depending on your individual circumstances. It is recommended that you seek advice from a qualified immigration specialist to ensure that you meet all the requirements and to guide you through the application process.
Indefinite leave to remain as a spouse
Indefinite Leave to Remain (ILR) is a form of permanent residency in the UK, which allows you to live and work in the country without any restrictions. If you are a spouse of a British citizen or a person settled in the UK, you may be eligible to apply for ILR after a certain period of time spent in the UK on a Spouse Visa.
In order to apply for ILR as a Spouse, you must meet the following requirements:
- You must have lived in the UK on a Spouse Visa for at least 5 years.
- You must not have spent more than 180 days outside of the UK in any 12-month period during the 5-year period.
- You must have passed the Life in the UK test and meet the English language requirement.
- You must not have any unspent convictions or breaches of immigration laws.
If you meet these requirements, you can apply for ILR as a Spouse by filling out an application form, paying the relevant fees, and submitting supporting documents to the Home Office.
Once you have been granted ILR, you will be able to live and work in the UK without any restrictions. You will also be able to apply for British citizenship after one year of holding ILR, provided you meet all the eligibility requirements.
Frequently asked questions
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