3. Sep, 2021

UK SPOUSE VISA - ALL WHAT YOU NEED TO KNOW

If you are a non-UK national, and your partner is a British citizen or has a UK settled status, you will need to apply for the spouse visa to be able to come to UK and live with you partner. When you lodge your application to the UK Home office, you have to provide compelling evidence that you meet the Spouse Visa requirements.

It is important that you ensure you follow the correct visa process and provide all required evidences to meet your eligibility for the visa, especially that the Home Office is taking tough measurements whilst assessing spouse visa applications.

Below is a quick guide to this visa, its eligibility criteria, and requirements and how to prepare your application and get it ready for submission.

What is the UK Spouse Visa?

The Spouse Visa is the permission granted by UK Visas and Immigration (UKVI) to a non-UK resident to come to the UK to live with their partner.

You can apply to live in the UK on the basis of family life as the “partner” of:

  • A British citizen
  • A person with indefinite leave to remain in the UK or settled status
  • A person in the UK with refugee status or humanitarian protection

What does the Spouse Visa Allow you to do?

If your application is successful, your visa will initially be granted for a period of 33 months. However, if you apply for leave to remain in the UK as a spouse, then you will be granted leave for 30 months.

The Spouse Visa will allow you to work or enrol on a full-time course of study in Britain. You may also be entitled to a number of state benefits.

You may also become eligible for settlement after the qualifying period of five continuous years residence in the UK.

Spouse Visa Requirements:

To be eligible for a Spouse Visa you must fall into one of the following categories:

1.     You are in a civil partnership or marriage that’s recognised in the UK

2.     You and your fiancé(e) or proposed civil partner will marry or enter into a civil partnership in the UK within 6 months of arriving

3.     You have been living together in a relationship for at least 2 years prior to the date of submitting your application.

 Here we are focusing on the first category.

There are also a number of additional requirements that you must also satisfy all of them:

·        You and your partner must both be aged over 18

·        Your relationship must be genuine and subsisting

·        You must intend to live together permanently in the UK

·        Any previous relationships must have broken down permanently

·        You will be financially supported while in the UK

·        You can speak and understand English to the requisite level

Financial Requirements:

You and your partner need to show that you have enough funds to support each other and any dependent children you have.

You will have to show that you receive a minimum income of £18,600 per annum, increasing to £3,800 where you apply with one dependent child, and thereafter an extra £2,400 for each additional child.

The accepted sources of income could include employment or self-employment, non-work income such as from property rentals, cash savings greater than £16,000, maternity pay and/or pensions.

However, if you partner will receive a specified benefit or allowance in UK, then you will be exempted from the financial requirements. But you will still need to provide evidence of adequate maintenance and accommodation instead.

English language requirements:

To qualify for a Spouse Visa you will need to provide evidence that you hold an academic qualification that was taught in English and is recognised in UK as being equivalent a Bachelor degree, Master degree or PhD, or that you have passed an approved English language test, or you are a citizen of an English Speaking Country.

English language requirement can be exempted in the following circumstances:

1.     You are aged 65 or over

2.     You have a physical or mental disability that prevents you from meeting this requirement

3.     There are exceptional circumstances that prevent you from being able to meet the requirement prior to entry to the UK.

Preparing & Lodging your Spouse Visa Application:

To apply for a Spouse Visa, you will need to submit an online application with UKVI, attach the required documents and pay the relevant fee.

1-     Visa Application Fee: This is currently set at £1523 if applying from outside the UK and £1033 if applying from within the UK.

2-     Documents Checklist: you are required to provide the following documents at the time of lodging your spouse visa application:

  • Copy of a Valid Passport
  • Evidence of your marriage (Marriage certificate)
  • Evidence of English Language Proficiency
  • Evidence that you meet the financial requirements such as employment letter with payslips for 6 months, business certificate, etc..
  • Evidence that your relationship is ‘genuine and subsisting’, or evidence that supports the sincerity of your relationship. This can include evidence of communication between you and your partner as a couple, such as texts or emails, as well as photographs of the two of your together and travel documents to prove any visits to one another.
  • If either you or your partner has been married in the past, you will also need to provide evidence of the permanent breakdown of the previous relationship, such as a divorce or dissolution order.

3-     Additional Charges: You will also need to pay a specific amount to have your biometric information enrolled. This includes a scan of your fingerprints and a digital photograph of your face. You will be instructed on how and where to make an appointment to submit your biometric information when you apply.

You may also be required to pay a healthcare surcharge as part of your application.

Visa Application Processing Time: If you apply from outside the UK a decision will usually be made within 12 weeks. From within the UK it should take around 8 weeks when using the standard service, although you may be able to pay an additional fee of £800 for the super priority service to get a faster decision.

For more information on the Spouse Visa to UK, please contact us.