Overview
The UK spouse visa route, also known as the UK partner visa, is a pathway that enables love and unity, allowing spouses and civil partners of British citizens or individuals settled in the UK to join their loved ones and build a life together in the UK.
Eligibility Criteria
- Relationship Requirements:
- The applicant must be married to or in a civil partnership with a British citizen or a person settled in the UK.
- The relationship must be genuine and subsisting.
- If not married, the couple must have lived together in a relationship akin to marriage for at least two years.
- Financial Requirements:
- The sponsor (the UK-based partner) must meet a minimum income threshold of £29,000 per year. This increases if there are dependent children: an additional £3,800 for the first child and £2,400 for each subsequent child.
- Income can come from employment, self-employment, pension, or savings.
- Accommodation Requirements:
- The couple must have adequate accommodation for themselves and any dependents.
- English Language Requirement:
- The applicant must prove their knowledge of English by passing an approved English language test at least at CEFR level A1 or having an academic qualification that was taught in English and is recognized by UK NARIC.
- Genuine Relationship:
- The couple must provide evidence that their relationship is genuine, such as photos, correspondence, and other documentation proving they have lived together and shared responsibilities.
Application Process
- Online Application:
- The application is submitted online via the UK government’s official visa and immigration service.
- Supporting Documents:
- Proof of relationship (marriage certificate, photos, communication records).
- Financial evidence (pay slips, bank statements, employment letters).
- Proof of accommodation (tenancy agreement, mortgage statement).
- English language certificate.
- Biometrics Appointment:
- The applicant needs to attend a biometrics appointment to provide fingerprints and a photograph.
- Decision:
The processing time can vary, but it typically takes around 12 weeks (about 3 months) if applied from outside the UK or up to 8 weeks (about 2 months) if applied from within the UK.
After Approval
- The initial visa is granted for 30 months (2.5 years).
- The applicant can then apply for an extension for another 30 months (about 2 and a half years).
- After 5 years of continuous residence in the UK, the applicant can apply for Indefinite Leave to Remain (ILR).
- After obtaining ILR, the applicant may eventually apply for British citizenship, subject to meeting the residency and other requirements.
Key Considerations
- Maintenance of Status: The applicant must continue to meet the visa requirements throughout the period of stay.
- Legal Advice: It’s often advisable to seek legal advice or assistance from immigration specialists to ensure all requirements are met and the application is correctly completed.
This visa route is an important pathway for those seeking to build a family life in the UK with their British or settled partners.
FAQ (Frequently asked questions):
A Spouse Visa, also known as a UK Marriage Visa, allows the spouse or partner of a British citizen or a person settled in the UK to join them in the UK.
To be eligible for a Spouse Visa, you must:
- Be married to or in a civil partnership with a British citizen or a person with settled status in the UK.
- Have met your partner in person.
- Be able to prove your relationship is genuine and subsisting.
- Intend to live together permanently in the UK.
- The current financial requirement for UK Spouse Visas is £29,000 as of April 11th, 2024. This is set to change to £34,500 later in the year 2024, after which it will rise further to £38,700 by early 2025. This threshold is subject to regular modifications by the UK government.
- Under the current rules, if a couple has children or other dependants, the threshold increases:
- For the first child, an additional £3,800
- For each additional child, an extra £2,400
You will need to provide:
- Proof of your relationship (e.g., marriage certificate, photos, communication records).
- Proof of income and financial stability (e.g., payslips, bank statements).
- Evidence of accommodation in the UK.
- A valid passport.
- Proof of English language proficiency.
Yes, you must prove your English language ability by passing an approved English language test at A1 level or higher unless you are exempt.
A Spouse Visa is initially granted for 30 months (2.5 years). You can then apply for an extension for another 30 months. After 5 years, you may be eligible to apply for Indefinite Leave to Remain (ILR).
Yes, you are allowed to work and study in the UK while on a Spouse Visa.
The processing time for a Spouse Visa application typically takes up to 12 weeks (about 3 months) if applying from outside the UK. If you are applying from within the UK, it can take up to 8 weeks (about 2 months).
Yes, you can switch to a Spouse Visa from another visa category while in the UK, provided you meet the eligibility requirements.
Yes, dependent children under 18 can join you as dependents on your Spouse Visa, provided you meet the additional financial requirements.
If your Spouse Visa application is refused, you will receive a letter explaining the reasons for refusal and information on whether you have the right to appeal.
The application fee for a Spouse Visa is £1,538 if applying from outside the UK and £1,048 if applying from within the UK. Additionally, you will need to pay the Immigration Health Surcharge which is £1035 as of now.
Applications submitted on or after 9am 6 February 2024
The annual rates of IHS payable for applications submitted on or after 6 February 2024 at 9am are:
- £1,035 per person per year for most applications for immigration permission
- £776 per person per year for students, student dependents, applicants for the Youth Mobility Scheme and children under-18 at the time the application is made
Applications submitted before this date will be subject to the IHS rate in place on the date of application.
Applications submitted before 9am 6 February 2024 but on or after 9am 27 October 2020
The annual rates of IHS payable for applications submitted between 9am 27 October 2020 and 9am 6 February 2024 were:
- £624 per person per year for most applications for immigration permission
- £470 per person per year for students, student dependents, applicants for the Youth Mobility Scheme and children under 18
The reduced rate for children under the age of 18 was introduced on 27 October 2020, applications made prior to this date are subject to the full rate of IHS in place on the date of application.
After holding Indefinite Leave to Remain (ILR) for 12 months, you may be eligible to apply for British citizenship.
For more detailed information and guidance, you can visit the official UK government website.
Yes, you can study while on a Charity Worker Visa if it does not interfere with the voluntary work you were sponsored for.
These FAQs cover the main aspects of the Spouse Visa UK route. For specific cases or more detailed guidance, it is recommended to consult the official guidelines or seek advice from an immigration expert.
For Expert legal advice and assistance, reach out to Imran & Co Solicitors today.
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