The Spouse Visa enables individuals who have previously established themselves in the United Kingdom to bring their spouse with them. The spouse of a British citizen or settled person (someone who has been given Indefinite Leave to Remain or permanent residency) may enter the UK.
What Is the Difference Between a Marriage and a Spouse Visa?
Although the terms “UK Marriage Visa” and “Spouse Visa” are frequently used interchangeably, there is a subtle distinction between the two.
A UK Spouse Visa permits spouses of British nationals and/or non-immigrant individuals to join their partners in the UK. However, the term “Marriage Visa” is used generically to refer to a variety of visas that allow partners of individuals with lawful residence to bring their spouses to the United Kingdom. This may include dependents of individuals who would normally require a visa to enter the country, in contrast to the Spouse Visa, which is available only to spouses of British residents who have established a presence in the country.
Eligibility (who can apply)
To submit an application successfully, applicants must:
- Demonstrate that they and their partner are both over the age of 18.
- Be legally capable of marrying or entering into a civil partnership under UK law, or have an established unmarried partnership.
- Demonstrate that they have met and are in a genuine relationship with their spouse.
- Conform to the requirements for appropriateness (i.e. the applicant is being deported or has a prison record, it is in the public interest to not be admitted to the UK, the applicant has outstanding bills or cannot be admitted for medical reasons, or the applicant has not met requests from UKVI).
- Demonstrate that all prior relationships have come to an end.
- They intend to live in the United Kingdom with their partner permanently.
- Comply with all financial requirements. Currently, the minimum is £18,600 for one family member joining. When a non-British child is added to the application, the minimum income requirement increases to £22,400, and each additional child adds another £2,400 to the requirement. Certain exceptions apply to this criterion.
- Fulfill the language requirement in English (speak English to the required level). This requirement is A1 for first-time applicants, A2 for extension applications, and B1 for indefinite leave to remain applications. Only certifications issued by authorized English Language testing centers are acceptable. Certain degree qualifications may be accepted in lieu of this prerequisite. Certain countries where English is the official language are exempt from this criterion, and there are further exemptions based on the applicant’s health and age.
- A tuberculosis test from one of the recognized medical centers, if applicable.
- Applicants may convert to this category if they are currently in the UK on a visa issued under another immigration category and their visa was for a period greater than six months. Holders of visitor visas are not permitted to switch, even if their visas are longer than six months.
Requirements
What are the financial requirements for the Spouse Visa UK?
- The UK national is referred to as the sponsor, and he or she must meet certain conditions.
- To begin with, you must demonstrate that you and your partner meet the financial requirements and have the funds to support yourselves without relying on public assistance.
- If there are no dependent children, the UK spouse must earn at least £18,600 before taxes.
- If you have one dependent child, you would require a financial requirement of £22,400 before taxes. Additional children will require an additional £2,400 from the sponsor.
What if I am unable to meet the financial criteria?
If you do not have sufficient funds from all of the above-mentioned sources of income to meet the obligatory Marriage Visa financial criteria, or if you are doubtful about your income, seek the opinion of our professional immigration lawyers, as exceptional circumstances may apply.
What documents are required for the Spouse Visa UK?
Compiling all of the necessary documentation to support your UK Spouse Visa application will assist in ensuring its success and avoid delays.
The following documents must be submitted to the Home Office in order to obtain the right to stay in the UK:
- Your original certificate of marriage or civil partnership.
- Evidence showing that you and your partner have been cohabiting for at least two years.
- A valid passport is required to obtain leave to remain in the United Kingdom.
- A legitimate certificate demonstrating compliance with the English language requirement.
- Demonstration of accommodation.
- Demonstration of the genuineness of the relationship.
- Demonstration that you satisfy the income criteria and financial requirements.
- You must provide proof that you are married to a British citizen or permanent resident Please keep in mind that any documents that are not in English must be accompanied by a professionally translated version. All evidence must adhere to the Home Office’s strict format requirements.
What sources of income qualify as meeting the financial criteria for the Spouse Visa UK?
You can utilize the following to satisfy the minimum income criteria for your UK Spouse Visa application:
- Over £16,000 in savings
- Income earned through work or self-employment
- Maternity, paternity, adoption, or disability compensation
- Pensions
- Other sources of revenue, such as rent or dividends
If your partner is applying from outside the UK, they may contribute their savings – but not their earnings – to the overall income amount. However, if your partner works in the United Kingdom, their wages may be included in the total.
Additionally, you can use a combination of savings and wages to assist you in meeting the minimum income requirement. However, you must demonstrate that you have sufficient financial backing to last for the duration of the permit.
To determine the amount of savings required, deduct any other qualifying income from the minimum requirement. Then multiply by 2.5 and add 16,000 to this value.
Can I use my benefit income to help with my case?
There are several circumstances in which you will not be required to meet the statutory eligibility conditions, such as when claiming one of the following benefits:
- Disability Allowance for Subsistence
- Allowance for Severe Disabilities
- Industrial Accidents Attendance Allowance for Disablement Benefits
- Allowance for Caregivers
- Payment for Individual Independence
- Armed Forces Independence Payment or Armed Forces Compensation Scheme Guaranteed Income Payment
- Under the War Pensions Scheme, you may be eligible for a Constant Attendance Allowance, a Mobility Supplement, or a War Disablement Pension.
- Pension for Police Injuries
However, you will need to demonstrate that you have sufficient funds to support your dependents. This is referred to as ‘appropriate maintenance’ and the precise amount required will vary according to your unique circumstances.
Generally, you’ll need at least £120 a week after paying for housing. This sum will grow if you have a child or children.
Language Test
English language requirements for partners
As a spouse visa applicant, you must demonstrate your ability to communicate in and understand English.
If you are a native of a country outside the European Economic Area or Switzerland and are in a relationship with a British citizen or a person permanently settled in the UK and wish to immigrate to the UK as that person’s spouse, you must meet the English language requirement.
If you are not a citizen of an English-speaking majority country or do not hold an English-taught degree, you must pass an English language test administered by an approved test provider. If you are applying from outside the United Kingdom, we can arrange for you to take an English language test in your native country.
To learn more about the English language requirements, contact us.
Acceptance and Rejection
Why Are Spouse Visa Requests Rejected?
Generally, the Home Office will refuse your application for a UK spouse visa if it contains a loophole, defect, inadequacy, or factual inaccuracy. There are numerous grounds for UK Spouse Visa Refusal. Several of them include the following:
Economic Situation:
This is certainly one of the most common reasons for your application being refused. The sponsor must demonstrate in the application that he or she is capable of providing a reasonable standard of living for the applicant. All financial obligations associated with a spouse visa for UK are the responsibility of the individual sponsoring the applicant. The sponsor must demonstrate that they can comfortably support their partner, which does not require knowledge of the applicant’s financial situation or annual income, unless the applicant’s savings are exorbitantly large. The standards for demonstrating financial stability are fairly varied, since one must present bank statements, tax returns, and P60s, among other documents, to demonstrate that he or she earns the specified amount annually. If there is an error in the documents you submit or if you give insufficient information, your application will be refused.
English Language:
In comparison to the financial circumstances, the applicant is responsible for meeting the English language criterion, not the sponsor. The candidate must demonstrate that he or she possesses an adequate command of the English language, which requires documentation. According to the law, merely verbal command is insufficient; the applicant must satisfy the Home Office with additional information stipulated by the department. The application will be expected to satisfy the tiniest requirements, and if the applicant fails in any respect, the department will refuse the visa.
Proof of relationship
This is the most problematic of all the problems. If the couple cannot demonstrate that their relationship is genuine and long-lasting, the Home Office will refuse the spouse’s visa. Due to the fact that the department does not know the couple personally, its decision should not be taken personally at any level. Typically, individuals believe that the decision is made on the basis of their caste, religion, race, ethnic background, or country of origin, which is incorrect. These applications are evaluated solely on the basis of the legitimacy and authenticity of the submitted information.
Cost Breakdown
The Home Office application fee is £1,523 if you apply outside the UK. If your application is submitted from within the United Kingdom, the fee is £1,033. This fee will be increased if you apply with dependents and will be increased by the number of dependents.
You may apply from within the United Kingdom only if you are not attempting to enter the country as a visitor or have been granted leave to remain for longer than six months. Additional charges associated with your UK Spouse Visa application should be considered when submitting your papers. This includes the following:
Additional fees for the Home Office’s Priority Premium Service are applicable if you require a response from the UKVI within five working days.
Duration and validity
How long does the application take?
The usual processing period for a spouse visa UK application is between two and twelve weeks from the moment the application is submitted to the UKBA. Processing times vary by country.
What is the validity of a spouse’s visa?
If you apply from outside the country, a spouse visa for UK is initially granted for 33 months. If you apply from within the United Kingdom, a spouse visa to UK is granted for 30 months.
Is it possible to extend my spouse’s visa?
You may request a 30-month extension, bringing your total time in the UK on this visa to five years. At this time, you may apply for Indefinite Leave to Remain (ILR) if you are still married and residing in the United Kingdom with your spouse and meet the maintenance requirements. You may be entitled to apply for naturalization as a British citizen if you have been granted ILR.
How can Henleaze Law help you apply for a Spouse Visa?
Our immigration lawyers help non-citizen spouses to relocate and settle in the United Kingdom with their British citizen or settled partner. Hundreds of foreign national spouses have benefited from our assistance in preparing and submitting successful UK Spouse visa applications.
Our immigration lawyers can assist you whether you seek professional advice on the requirements of the Immigration Rules, an impartial assessment of your chances of qualifying for a visa, or professional support in preparing an immigration application.
Financial requirements are extremely complicated Our immigration lawyers are experts in assisting clients with complex financial circumstances in obtaining favorable outcomes for their spouse visa to UK applications.
We take pride in our approachability and proactive approach to identifying and satisfying our clients’ needs. We are a highly motivated team of immigration lawyers committed to providing family members with clear and dependable immigration assistance in a professional and courteous manner.
