Spouse Visa UK - get legal assistance to join your Partner

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.

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.

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

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

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 £18,600 before tax if there are no dependent children.

If you have one dependent child, you will need an extra £3,800 before tax to meet the financial requirement. For any other children, the sponsor will need an extra £2,400 for each subsequent child.

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.

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.

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

• Savings over £16,000
• 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.

To see how much you will need in savings, first subtract any other eligible income from your minimum requirement. Then, multiply this figure by 2.5 and add 16,000.

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.

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

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

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.

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 London, Manchester, or Birmingham. You can also use the office finder to find the closest branch to you.

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.

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.