UK Spouse Visa

Who is the Spouse visa for?

The UK spouse visa is for applicants who wish to settle in the UK and who are spouses (or partners) of one of the following:

• British Citizen
• Holder of a settled status in the UK (such as ILR or permanent residency)
• A citizen of EU, Switzerland, Norway, Iceland, or Liechtenstein who have pre-settled status and who have started residing in the UK before 30^th December 2020.
• A holder of asylum or humanitarian protection in the UK

You and your spouse are 18 or over and in a genuine marriage or genuine and ongoing 2-year relationship if you are not married.

The application is submitted electronically with the applicant attending a biometric appointment as part of the process.

The visa allows the spouse to relocate to the UK, seek further leave to remain and eventually apply for Indefinite Leave to Remain or passport, if required.

Spouse visa requirements

There are a number of requirements that need to be met when the application is submitted and assessed by the Immigration authorities. These can be summaries as follows:

• You and our partner must be over the age of 18.
• If you are married, the marriage must be recognised in the UK as valid
• You intend to live with your partner in the UK
• You meet the English language requirement
• You meet the financial requirement which is an income of no less than £18,600 or more if you include children in the application

Depending on your individual circumstances, there might be other requirements you might need to meet. Speak to our Immigration solicitor before starting the application process. Call us on 0207 427 5970 or email us: [email protected]

Spouse visa checklist

There are a number of documents you will have to provide with the application. The below list highlights the main documents you and your partner must supply:

• Travel documents such as passports
• Marriage certificate
• Change of name documents
• Divorce, adoption, previous marriages, if relevant
• Details of proposed accommodation in the UK
• Proof of your partner immigration status in the UK
• Bank statements
• Evidence of meeting financial requirement
• Evidence of relationship
• Evidence of employment or job offer, if relevant
• Proof of English (such as passport from eligible country or language test)

The above list is not exhaustive and depending on your individual case, you might be required to provide further evidence. Speak to our Immigration solicitor before starting the application process. Call us on 0207 427 5970 or email us: [email protected]

Spouse visa financial requirement

You and your partner must have a combined income of £18,600 a year if you are applying as a Partner and wish to settle in the UK after 5 years.

The financial requirements increase if you have children who are not British citizens, don’t have pre-settled status or are not permanently settled in the UK.

If you have to prove extra money for your children then you need extra £3,800 for your first child and £2,400 for each child you have after your first child. This is known as the ‘minimum income requirement’

How to prove income for UK spouse visa

 You can use the following sources to meet the income requirement:

 Income from employment before tax and National Insurance that was earned in the UK

• Self-employment income as a Director of a limited company in the UK.
• Cash savings above £16,000
• Money from a pension
• Non-work income for example from property rentals or dividends

If income from employment or self-employment is used then you or your partner must have received that income for 6 months or more. Various rules apply to combining incomes from different sources.

You need to provide proof of your income with the application. If you are employed then you need to provide a range of documents, including but not limited to:

• Bank statements
• 6 months of payslips
• A letter from an employer confirming your employment

If your income situation is more complex, for example, you have taken maternity or paternity leave or wish to combine income from various sources, your financial evidence will require additional paperwork. Our Immigration solicitor will be able to advise you on the type of evidence you require. Call us on 0207 427 5970 or email us: [email protected]

Knowledge of English

Applicants for the UK Spouse Visa need to prove their knowledge of the English language.

In most cases, this will involve sitting an approved English language test and achieving the required scores in the relevant sections.

There are some exemptions from meeting the English language requirement, if one of the following apply:

• you’re applying as a child
• you’re applying as an adult coming to be cared for by a relative
• you’ve been in the UK on a family visa for 5 years and you’re extending it as a partner or parent
• you’re over 65
• you have a physical or mental condition that prevents you from meeting the requirement
• if you have a degree or academic qualification that was taught or researched in English or from a UK University.
• you are a passport holder from the following countries:
• Antigua and Barbuda
• Australia
• the Bahamas
• Barbados
• Belize
• Canada
• Dominica
• Grenada
• Guyana
• Jamaica
• Malta
• New Zealand
• St Kitts and Nevis
• St Lucia
• St Vincent and the Grenadines
• Trinidad and Tobago
• USA

Approved English Language Test

You can prove your knowledge of English by taking the approved English Language test.

You must pass at least level A1 on the Common European Framework of Reference for Languages (CEFR) scale for your first visa application. You can choose to take a higher level test.

Spouse visa Fee

 The UK spouse visa fee is payable upon submission of the application

 The current fee is as follows:

• The applicant based outside the UK: GBP£1,523
• The applicant based inside the UK: GBP £1,033

If there are dependants to be added to the application, the fee for each dependant is the same as above.

You will also need to budget for the Immigration Health Surcharge fee as part of the application and the current cost is £624 a year.

There might be other expenses associated with the application such as translation costs or immigration solicitors fees.

Spouse visa extension

Applicants granted the spouse visa are allowed to stay in the UK for the initial period of 2.5years. Should you wish to extend your stay, you can apply for the spouse visa extension. As part of the application, you will need to show that your relationship is still ongoing and that you meet the financial requirement.

If you wish to apply for indefinite leave to remain in the UK you must spend a certain time before you are eligible for settlement. In most cases this will be 5 years though there are other routes to UK settlement. For more information, contact our Immigration solicitor on 0207 427 5970 or email us: [email protected]

Spouse visa processing times

The spouse visa applications take approximately 12 weeks to assess if you apply outside the UK.  You have an option to pay for the priority fee (currently GBP£573) to expediate the application and obtain a decision within 3 weeks.

Spouse visa applications submitted in the UK take about 3 months to process. Again, you will have an option to pay for the priority fee (currently GBP £500) where a decision is made in 3 weeks. Super priority is also available at a fee of £800 and a decision is made in 1 working day.

The spouse visa comes with work rights in the UK. There are certain limitations on accessing public funds and social security payments.

To discuss your Spouse visa application, contact our Immigration solicitor on 0207 427 5970 or email us: [email protected]

How we can assist

Our immigration solicitor will assess your UK spouse visa eligibility based on your individual circumstances, current Immigration rules and policy and advise you on the likelihood of success before you start the process and pay any fees. Once you decided to instruct us, we guide you throughout the process and answer any questions you may have. We explain the required paperwork and work with you to collate suitable evidence to make your application strong and successful. We prepare your file and submit the application to the Home office for assessment. Once the decision on your case is made, we will advise on your current UK visa status and conditions attached as well as we explain future steps you might need to undertake to secure your residency in the UK. To speak to our London immigration solicitor call now on 0207 427 5970 or email us: [email protected]