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Spouse Visa UK – get legal assistance to join your Partner

The UK Spouse Visa, commonly known as a UK Marriage Visa, allows non-UK nationals to join their partner in the UK. Your spouse must be either a British citizen or a UK settled person.

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    Benefits of Choosing IAS for Your Partner Visa Application

    Choose IAS for your UK partner visa application. Our skilled lawyers can handle various immigration issues, making the application process stress-free for you and your partner.

    With IAS, you get personalised guidance from experienced immigration lawyers, in-house document checks to verify your paperwork, and consistent communication with the Home Office on your behalf, when necessary.

    Our dedicated immigration lawyers provide our services through a comprehensive and personalised approach. Work with IAS and enjoy:

    Compassionate support from an experienced immigration lawyer dedicated to your success

    Expert advice and a strong application to to minimise application risks or rejection.

    A one-stop shop that extends beyond the application to include guidance on residency and settlement

    A personalised Letter of Representation to highlight application strengths

    Regardless of what your personal immigration query might be, IAS is here to help and support you. Call us or enquire online to learn more about how we can help you.

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    What is the Spouse Visa UK?

    A Partner Visa UK, also known as a UK Spouse Visa, is a settlement visa that allows you to live together with your British partner in the UK for up to 30 months. It is one. of the visas under the Family visa category.

    It can be extended for another 30 months if you meet certain eligibility conditions. Holding a Partner Visa is the first step toward Indefinite Leave to Remain (ILR) and, eventually, British Citizenship.

    To apply for a UK Spouse Visa and enter the UK, you must be married to or in a civil partnership with a British citizen, UK settled person or UK refugee. The main eligibility criteria include providing proof that you are in a genuine relationship and that you meet specific financial conditions.

    Get in touch with our immigration lawyers to receive professional advice on your UK Partner Visa case and learn how you can enter the UK and get leave to remain with your partner if he or she is a UK citizen.

    Note that this visa is different from the UK Marriage visitor visa that only allows you to come to the UK to get married or enter into civil partnership, regardless of if your partner is a British citizen or not.

    What is a UK Spouse Visa?

    A UK Spouse Visa is for non-UK residents aged 18 or over who are engaged, married to, or has a proposed civil partner who is aged over 18 living in the UK. It is a type of settlement visa known as the UK partner visa.

    The qualifying criteria vary depending on your partner’s situation. You need to apply for a UK Partner Visa if you are coming to the UK to join your partner or spouse from outside the European Economic Area.

    If you hold a Spouse Visa in UK, you have the right to work like all British citizens. However, you cannot claim most benefits, such as public funds, housing allowance or tax credits.

    Who can apply for a Spouse Visa?

    You can apply for a UK Spouse Visa if you are:

    • Aged 18 years or over
    • Married or in a civil partnership that is recognised by the UK
    • Married to a British citizen or UK settled person
    • You have been living together in a relationship for the past 2 years and you can prove it
    • You are engaged, or you hold a Fiance Visa UK and will get married within 6 months of being in the UK

    British citizens can send the leave to remain forms on their partner’s behalf as long as they are eligible. You must list their name and information as the applicant’s details.

    What are the requirements for a Spouse Visa?

    Before you submit your application for a UK Spouse Visa, you need to:

    • Have all the required documents
    • Pass the ‘Genuine Relationship Test’
    • Meet the minimum income threshold and the financial requirement
    • Demonstrate your knowledge of the English language
    • Have proof of suitable accommodation for you, your partner and any dependents
    • Get your biometrics taken to get leave to remain
    • To remain in the UK, you may also need to pass a medical test to show you don’t have Tuberculosis (TB), depending on the applicant’s country of residence

    What is the ‘Genuine Relationship Test’?

    The UK Spouse Visa applicant needs to be able to prove they are in a genuine relationship, such as a civil partnership, with their British citizen partner. There are lots of different types of evidence you can send to the Home Office, such as:

    • A joint mortgage or tenancy agreement, either in the UK or outside the UK
    • Evidence of any children you have together, such as a birth certificate
    • Photographs that show you have spent time together frequently
    • A shared bank account or savings
    • Text messages or social media chat logs
    • Travel documents that prove you’ve visited each other at least once before you got married
    • Any documents which prove that you intend to live together in the UK

    Get in touch with our expert immigration lawyers to learn how to apply for a Spouse Visa.

    What are the Spouse Visa financial requirements?

    The UK national of the relationship is known as the sponsor, and he or she is required to meet specific criteria.

    First, you will need to prove that you and your wife/husband/partner meet the financial requirement and have enough money to support yourselves without claiming public funds.

    The UK spouse needs an income of at least £29,000 a year before tax.

    What if I don’t meet the financial requirement?

    If you don’t have enough money from all the listed sources of income to meet the mandatory Partner/Spouse Visa financial requirement, or you are unsure about your income, seek the advice of our specialist immigration lawyers, as exceptional circumstances may apply.

    What are the Spouse Visa required documents?

    Making sure you have all the correct documents to support your UK Spouse Visa application will help to ensure it is successful and prevent delays.

    These are the documents you will need to send to the Home Office to get the right to remain in the UK:

    • Your original marriage or civil partnership certificate
    • Proof that you and your partner have been living together for at least the past two years
    • A valid passport to get leave to remain in the UK
    • A valid certificate to meet the English language requirement
    • Proof of accommodation
    • Proof that the relationship is genuine
    • Proof that you meet the income threshold and the financial requirement
    • Proof that you are married to a British citizen or settled person (for example, UK citizens can submit a copy of their passport)

    Please note that any documents that are not in English need to be accompanied by a translated version from a professional translator. All evidence must be in the exact format required by the Home Office.

    What sources of income can be included towards the Spouse Visa financial criteria?

    To meet the minimum income requirement for your UK Spouse Visa application, you can use:

    • Cash savings – £16,000 ÷ (grant period of 2.5 years) must equal at least £29,000. Thus, if depending entirely on cash savings, you must have £88,500 in cash savings: (£29,000 x 2.5 + £16,000 = £88,500)
    • Earnings from employment or self-employment
    • Maternity, paternity, adoption or sick pay
    • Pensions
    • Other income such as that generated from rent or shares

    If your partner is applying from outside the UK, they can use their savings to contribute towards the total income amount – but not their earnings. Nevertheless, if your partner is working in the UK, their earnings can count towards the total amount.

    You can also use a combination of savings and earnings to help you meet the minimum income threshold. However, you will need to prove you have enough financial support for the entire length of the permit.

    Can I use income from benefits for my case?

    There are cases where you won’t need to meet the mandatory eligibility criteria, such as if you are claiming any one of the following benefits:

    • Disability Living Allowance
    • Severe Disablement Allowance
    • Industrial Injuries Disablement Benefit
    • Attendance Allowance
    • Carer’s 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
    • Police Injury Pension

    You will, however, need to prove that you have enough money to support your dependents. This is called ‘adequate maintenance’, and the exact amount you need will depend on your individual circumstances.

    Typically, you will need at least £120 per week after you have paid for housing. If you have a child or children, this amount will increase.

    What is the Spouse Visa English Language Test?

    Applicants who wish to live in the UK, need to be able to prove that they can speak English. Once you have passed an English Language Test, it will be valid for two years.

    You must sit an English test in speaking and listening to get the right to remain in the UK with your UK spouse. Your qualification will be valid only if your English exam is taken through an approved Secure English Language Testing (SELT) Provider.

    Currently, SELT tests for immigration purposes are only available through the Trinity College London or the IELTS (International English Language Testing System) Consortium.

    You do not need an English Language test if you:

    • Are a national of a majority English speaking country
    • Are aged under 18 or over 65
    • Have a long-term physical or mental condition

    Hold a degree or any educational establishment that was taught or researched in English. Your qualification will only be valid if confirmed by UK NARIC.

    If you wish to find out how you can settle in the UK with your partner, our team is happy to assist.

    What are the UK Spouse Visa accommodation requirements?

    As part of your UK Spouse Visa application, you will need to present proof of accommodation that meets UK living standards.

    Your UK national partner, who acts as your sponsor, will need to show that he or she can provide adequate accommodation for themselves, the applicant and any dependents who intend to live in the UK.

    For proof of accommodation, the Home Office will ask you to provide:

    • A description of the property where you intend to live with your spouse
    • Proof that there are enough rooms in the property to accommodate everyone
    • Evidence that you can afford to pay for your family’s accommodation

    How can I qualify for the Spouse Visa accommodation requirements?

    To qualify, your property needs enough rooms to accommodate the couple and any dependents. Each person needs an individual room, however:

    • Couples can share the same bedroom
    • Living rooms can be included when counting bedrooms
    • Children under 1 do not need their own room
    • Children aged 1-9 years old count as half a person
    • Children aged 10 years or over count as an adult
    • Children aged 10 years or over of the opposite sex cannot share a room

    This means that two children aged under 10 years can share one room, and babies under one year old can live in the same room as the couple.

    How to apply for a Spouse Visa

    Ensure you start your Spouse visa application ahead of your planned move to the UK, and do not book your flight or travel before you get a visa approval from the Home Office.

    The UK Spouse visa application process can start online by completing Appendix FM and other forms from outside the UK. However, you may need to visit a visa application centre to give your biometrics as part of the process. Note that there are several forms and documents involved, and they must be filled correctly with sufficient evidence to increase your chances of obtaining a UK Spouse or Partner visa.

    If you are applying from within the UK, the process is different as you will need to show proof that you are in the country on an eligible visa to switch to the UK spouse visa.

    When reviewing your application, if the Home Office has any doubts about your application, you may be invited to come for a Spouse visa interview. During the interview, you will be asked questions to determine the genuineness of your relationship and intent in the UK.

    The Spouse visa application process can be lengthy and difficult to go through alone. We can help. Contact us now on 0333 363 8577 or make an enquiry online to speak with one of our immigration lawyers about your application for a Spouse Visa UK

    How much does a UK Spouse Visa application cost?

    The Home Office’s current fee for a Spouse visa is £1,538 for any application submitted from abroad. If you are submitting your application from within the UK, the cost is reduced to £1,048. This charge will increase if you are applying with dependents and will increase for each dependent.

    You can only apply from inside the UK if you are not trying to enter the country as a visitor or have been given leave to stay in the UK for more than 6 months. You also cannot apply for a fiance(e) or proposed civil partner permit from inside the UK.

    There are additional costs related to your UK Spouse Visa application that you should consider when you send your forms. This includes:

    • Qualified translation services for your documents that are not in English or Welsh
    • An approved English test, that is a mandatory requirement for the majority of applicants
    • Additional fees for the Home Office’s Priority Premium Service, if you wish to receive an answer from the UKVI within five working days
    • Immigration health surcharge

    What happens if my UK Spouse Visa application is accepted?

    When your application is accepted, you will be given leave to remain, that allows you to enter the UK within a 30-day period. Upon arrival in the UK, you will have a 10-day period in which to collect a Biometric Residence Permit (BRP).

    If you fail to enter the UK within this time-frame, you can submit an application for another 30-day entry permit. However, you will be charged an additional fee.

    What happens if my Spouse Visa application is rejected?

    If your case is rejected, you can appeal against the Home Office’s verdict. This is a long-winded and challenging process that is best assisted by an immigration adviser.

    IAS can assist with all aspects of your case. If you need help with your Spouse Visa appeal application, please get in touch, and our immigration specialists will be able to assist you.

    We have offices located across the UK, including in LondonManchester, or Birmingham. You can also use the office finder to find the closest branch to you.

    Can I renew or extend a UK Spouse Visa?

    You can renew and extend your UK Spouse Visa for another 2.5 years, as long as your current leave to rmain hasn’t expired.

    After you have lived in the UK for a total of 5 years on your Marriage visa, you can apply for settled status (ILR). Get in touch with our lawyers if you need to apply for a UK Spouse Visa renewal.

    How long does the Partner Visa process take?

    It usually takes between 2 to 12 weeks for a UK Spouse Visa case to be processed.

    The Partner Visa processing time can vary depending on the documents provided and the country where the application is submitted from.

    Spouse Visa appeal process

    If you wish to submit a Spouse Visa appeal, you should act quickly and follow the below steps:

    1. Submit your appeal to the Immigration Asylum Chamber within 28 days of receipt of the refusal decision if overseas, or 14 days if your application was made inside the UK
    2. Ensure that your grounds for appeal are legitimate and are likely to be accepted
    3. Prepare your case to submit the strongest possible application to the Immigration Tribunal
    4. Gather the supporting documents to demonstrate why your application should be accepted
    5. Attend your hearing at the Tribunal (if relevant)

    How long does the Spouse Visa appeal process take?

    Unfortunately, the appeal process can be quite lengthy. Some applicants may have to wait up to 12 months or longer for a decision to be made on their appeal against a Spouse Visa refusal.

    Some of the reasons for refusal include:

    • Failing to meet the financial or language requirements
    • Failure to prove that the marriage is genuine and subsisting
    • Not submitting the correct supporting documents
    • Incomplete or inaccurate application

    The best way to avoid having to go through the Spouse Visa appeal process is by ensuring that your initial application is as accurate as possible.

    How can IAS help?

    Spouse Visa applications can be complex, and using the services of an immigration expert is highly recommended. You will need to ensure that you meet all of the mandatory requirements and complete the relevant forms and collate your evidence for submission. This will need to be extensive and prove that your relationship is genuine.

    At IAS, we understand the importance of being close to loved ones, and we make it our priority to maximise your chances of doing this.

    Our team of specialist immigration advisers can guide you through each step of your application process for a Partner Visa in the UK. Our services include:

    • liaising with you in person, via phone or Skype at a time that suits you;
    • assessing your eligibility;
    • checking your documents to ensure that they are sufficient for your Partner Visa application;
    • ensuring that you have enough proof that your relationship is genuine;
    • preparing a Letter of Representation to accompany your application;
    • liaising with the Home Office until your case is resolved;
    • completing each part of your application form to the highest standard.

    IAS has an excellent track record with successful cases, and our lawyers are highly experienced in this field. To apply for a UK Spouse visa, get in touch with IAS online or on 0333 363 8577 today for professional, no-obligation advice or assistance.

    We offer immigration advice sessions as face to face appointments at all of our UK offices, or via the phone.

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    Frequently Asked Questions

    The requirements for UK Partner Visas are similar across each type. These include the Spouse Visa, Unmarried Partner Visa and Fiancée Visa.

    The eligibility requirements include:

    • An income threshold of at least £18,600
    • Proof of English Language ability
    • Evidence of adequate accommodation for you and your spouse
    • Passing the ‘genuine relationship test’ (for example, by being in a civil partnership)

    These requirements will vary depending on your spouse’s situation or if you are submitting an application with dependent children.

    Find out more information about the Spouse Visa requirements and how to send your evidence.

    If you and your spouse meet the strict requirements to remain in the UK, you will be able to submit an application for a Marriage Visa UK. The application can be made in the UK or from your current country of residence.

    You will need to show a substantial amount of evidence about your relationship to prove you are eligible to come to the UK on this permit.

    If you’ve been living with your spouse in another European country outside of the UK, you may also be eligible through the ‘Surinder Singh’ route rather than a traditional permit.

    To apply for a Spouse Visa, you can enquire with us online or over the phone.

    If you receive a letter saying your Spouse Visa was refused, you will usually have the right to appeal against it if you think it was unfair. Your letter of refusal will inform you if you are eligible to appeal. You will be able to submit new evidence if it proves that you were eligible at the time of your initial request.

    If you are already in the UK, you will need to act quickly in order to appeal the decision or apply for another permit. Overstaying an expired immigration status can be very problematic and should be avoided.

    Since August 10th 2017, decisions for these applications must take into consideration other methods of financing.

    This might include self-sustainability, self-employment or continued financial support from a relative. These changes will offer some hope for those who have previously had their Marriage Visas rejected, or for those who have put off applying.

    Once you are living in the UK with your spouse or partner, you may wish to make your position more permanent. You can achieve this by gaining Indefinite Leave to Remain. ILR allows you to settle in the UK permanently without being tied to immigration controls.

    You can most often apply for this after five years if you continue to meet the mandatory requirements. There is also a 10-year route to Indefinite Leave to Remain which has slightly more relaxed expectations relating to the income threshold.

    Get in touch for information on getting Indefinite Leave to Remain from a Spouse Visa and become a UK settled person.

    If you have already joined your spouse or partner in the UK you may apply to switch to a Marriage Visa from a different immigration category.

    You will not be allowed to switch categories if you are here as a visitor or if permission to stay was given for a period of less than six months (with the exception of the fiancées or proposed civil partner permits).

    You also cannot apply for this status if you are in breach of the Immigration Rules (a period of overstaying of less than 28 days will not be taken into account).

    There are some occasions where you may be exempt from the financial requirements for a UK Spouse, for example, if you have a disability or you are a carer. There are, however, only a limited number of instances where exemptions apply.

    We would advise you to consult a professional immigration lawyer for more information. Whilst you may be exempt from meeting the current income threshold, you will need to prove that you have enough money to support your spouse/partner and/or any dependants.

    If you decide to end your relationship or divorce your partner, it is important to let the Home Office know as soon as possible as this can have an impact on future visa applications.

    Since your leave depends on your relationship, the Home Office will issue what is known as a Spouse Visa curtailment. This will usually allow you enough time to make a new application under a new route to stay in the UK or leave the country, but you will need to act quickly.

    Contact us to find out more information on your options following a Spouse Visa curtailment

    No, your spouse or partner’s income cannot be included as part of the financial requirement unless they are already residing in the UK (and with permission to work). In which case, the financial requirement can be based on household income.

    If you feel you are struggling to meet the minimum financial income requirement, get in touch with our team to discuss how recent changes to the law could help your application.

    If you are from a country outside of the European Economic Area (or Switzerland) that is not predominantly English speaking then you will need to pass an English Language test that has been conducted by an approved test provider.

    If you have an English Language certificate which has been provided by one of these approved providers then it should satisfy the language requirement. This includes degrees earned in English.

    If you are unsure of where to find an approved test provider, consult an immigration specialist who will be best positioned to point you in the right direction when applying for a Spouse Visa.

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