Obtaining a visa for your partner to reside in the United Kingdom
Your partner may apply for a family visa to reside with you if they are one of the following:
- Your spouse, the civil partner, intended civil partner, or fiancé (e);
They are only eligible to apply for a family visa if they meet one of the following criteria:
- British nationality
- Indefinite leave to remain or right of abode
- Refugee status or humanitarian assistance
If you are a pre-settled individual
Your partner may qualify for a family visa. Before they apply for a family visa, you should check to see if your partner is eligible to apply for the EU Settlement Scheme – it is simpler and less expensive than filing for a family visa.
If you arrived in the UK after 31 December 2020 and applied to the EU Settlement Scheme as a family member, your partner cannot apply for a family visa. If you find yourself in this circumstance, your spouse will need to wait until you achieve established status before applying for a family visa.
While the restrictions vary by type of partner, you will always be required to demonstrate that you have sufficient funds to support them and that your relationship is real.
Your partner may apply from a country other than the United Kingdom. They can also apply from within the UK if they:
- have been granted leave to remain in the country for more than six months
- are not in the country on a visitor visa
- are not applying as a fiancé (e)
If their initial visa was for less than six months, they will be unable to switch to a partner visa while still in the United Kingdom. They’ll need to exit the country and re-enter as a couple.
If your partner or fiancé (e) comes to the UK on the basis of your right to remain, you are referred to as their ‘sponsor’.
Determine how much money you need to earn
Coronavirus-Modifications to the way the government checks your income
Typically, the government will examine your income for the six months preceding the date of your application to determine whether you make enough. If you earned less between 1 March 2020 and 31 October 2021 as a result of coronavirus, the criteria are different.
If you are currently employed but have lost your job or income
The government will examine your income for the six months prior to when you began earning less. This means that your application will be unaffected if your earnings have decreased.
If you’ve recently lost your job
It is unclear how the government will determine your income if you have lost your work and have not yet found a replacement. You should get guidance from our immigration consultant.
If you are furloughed, you will be treated as if you earned 100% of your compensation.
If you are self-employed and have lost income or work
If you are self-employed, the government will often examine your income throughout the course of a tax year. They will disregard any income loss between March 2020 and October 2021.
You must make a particular amount of money or have sufficient resources to bring your partner to the UK to live. This is referred to as ‘satisfying the financial criteria’.
If you have refugee status or humanitarian protection, you are not required to meet the financial criteria.
If you are required to meet the financial criteria, you must demonstrate that you make a certain amount of money annually (before tax). The sum varies according to the position for which you are seeking.
If you’re bringing only your partner and no children, you’ll need a minimum annual salary of £18,600 before taxes.
If your partner is bringing children, you will need to earn an additional £3,800 for the first kid and £2,400 for each subsequent child. You do not need to pay the additional fee if you are bringing British citizens or children who have indefinite leave to remain in the UK.
If you’re bringing children and your partner is already in the UK, you must still demonstrate your income is at least £18,600 plus the additional amounts for your children.
Your income may be derived from a mix of the following:
- Earnings from a job or self-employment-but only if you work in the United Kingdom.
- A retirement plan
- Paid time off for maternity, paternity, adoption, or illness
- Additional income sources, such as rent or stock ownership
If your salary is insufficient to satisfy your financial obligations, you might use cash savings to cover the difference. You’ll need £16,000 plus £2.50 for each £1 in revenue that falls short of the financial threshold. Savings must have been held in your name for at least six months.
If your partner is applying from outside the country, their savings may be applied toward the financial criteria, but their earnings will not. If your partner is currently employed in the United Kingdom, their wages will be included as well.
Your partner will be unable to work in the UK if you seek a fiancé (e) visa.
If you’re unsure whether you meet the financial requirements, you should consult our immigration specialist.
If you qualify for one or more of the following benefits, you will not be required to achieve this financial requirement:
- Disabilities Living Allowance
- SDA (Severe Disability Allowance)
- Workplace Injuries
- Attendance Allowance
- Disability Benefit
- Personal Independence Payment
- Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme
- War Pensions Scheme
If you qualify for one of these benefits, all you have to do is demonstrate that you get enough money to care for your dependent – this is referred to as ‘sufficient maintenance’. How much this will cost you is determined by your unique circumstances. You’ll need at least £120 per week left over after paying for your housing. If you have children, you will require additional supplies.
In all situations, the shared housing must be ‘appropriate’ and provide sufficient space for your family.
Obtaining healthcare
If your partner applies for a visa to stay longer than six months, they will be required to pay for NHS services as part of their visa application. This is referred to as the “immigrant health surcharge.”
Check to see what additional tests your partner is required to do before submitting their application. They may be required to:
- Pass a language test in English
- Have a medical examination to ensure they do not have tuberculosis (TB)
- Coronavirus – in the event that your spouse is unable to take the English language test.
Your spouse may still apply for a visa if they are unable to attend a language test appointment due to the following:
- Nearby test centers are closed; appointments are rescheduled; and they are unable to travel due to coronavirus – for example, they are self-isolated.
If your partner owes money to the NHS, their visa application will be automatically denied if the debt is £500 or over.
How long will the visa be valid for?
The duration of your partner’s visa will vary based on your circumstances.
If you are married, in a civil partnership, or have shared an apartment with your partner for more than two years
Their visa will be valid for 33 months if they apply from outside the UK and 30 months if they apply from within the UK.
They can extend their visa for another two years and six months before it expires. If they renew it, they will be eligible to apply for permanent residence in the UK after a total of five years.
If you’re submitting an application on behalf of your fiancé (e)
Their visa is only valid for six months; if they want to stay in the UK, they must marry or become civil partners with you before their visa expires.
They can then seek leave to remain as your partner for a period of two years and six months. At the conclusion of this period, they may extend it for a further period of the same duration.
They can seek to settle in the UK after a total of five years if they meet the requirements of these visas.
If you’re completing the form on their behalf
You may complete the application form for your spouse online using the links above. Their application must be submitted, not yours.
The online application system does not list visas alphabetically; you will need to answer a few questions to locate the visa you require. On the online application form, there is an option to “apply for someone else.”
They must have their biometrics collected as part of the application procedure (fingerprints and photograph). Before you apply, verify the location of their nearest visa application center, as it may be in a different nation.
Including correct evidence
The most common reason for a visa application being denied is a lack of evidence (papers proving your case) submitted with the application.
In general, you’ll need to offer evidence to back up each statement you make in your application. Each document must be in the exact format specified by the application.
Proving that you are in a genuine relationship
You’ll need to demonstrate that you’re currently involved in a real and lasting relationship. This could include documentation proving that you have:
- lived together;
- have children together;
- have a joint bank account or savings; and
- have spent time together and communicate frequently.
Creating an application
Your partner must first apply online for a family visa and then schedule an appointment at a visa application center.
Your partner’s application will then be processed after they provide all required paperwork and evidence.
Acceptance of your application
- Your partner will be issued with a permit allowing them to enter the UK for a 30-day term.
- They must adhere to certain rules both before and after they reach the UK.
- They must pick up a biometric residency permit (BRP) within ten days of their arrival.
- They will receive a letter directing them to the location where they can collect the BRP. It is critical that they collect it within 10 days, or else they risk being penalized or having their visa cancelled.
- If your partner is unable to enter the UK within the 30-day period, they must apply for another 30-day entrance permit. They will be charged for this.
If your partner enters the country on a fiancé (e) visa
It is preferable if they remain in the UK until you marry or enter a civil partnership. If they exit and re-enter, they will need to obtain a fresh entrance clearance, which is always subject to rejection.
If you are unable to marry or form a civil partnership in UK during their six-month visa period, you may request an extension. You’ll need to explain why the ceremony hasn’t occurred yet and provide evidence that it will occur shortly. You should seek assistance with this from our immigration specialist at Henleaze Law.
