Spouse Visa UK – A Detailed Guide
Eligibility Criteria
To successfully secure a family visa as a partner or spouse, applicants must meet the following criteria:
- Age Requirement: Both you and your partner must be 18 years old or older.
- Partner Categories: Your partner must fall into one of the following categories:
- British Citizen
- Have settled status in the UK (ILR, settled status, or proof of permanent residence)
- Be from the EU, Switzerland, Norway, Iceland, or Liechtenstein and hold pre-settled status, having commenced residency in the UK before January 1, 2021
- Hold a Turkish Businessperson visa or Turkish Worker visa
- Possess refugee status or humanitarian protection in the UK
- Relationship Status: You must be in a civil partnership or marriage recognized in the UK, or have cohabited in a relationship for a minimum of two years at the time of application. Alternatively, you can be a fiancé, fiancée, or proposed civil partner planning to marry or enter into a civil partnership in the UK within six months of arrival.
- Genuine Relationship: The relationship between you and your sponsor must be genuine and ongoing.
- Living Arrangements: You plan to permanently reside with your sponsor in the UK and have suitable accommodation without relying on public funds.
- Financial Requirement: Your sponsor must meet the financial requirement, typically by earning an annual income of at least £18,600 (anticipated to increase to £29,000 in Spring 2024, with subsequent incremental rises to £38,700). This threshold may increase if you have dependent children and/or if savings are utilized.
- English Language Proficiency: You must satisfy the English language proficiency requirement.
Visa Duration and Application Process
- Initial Visa Duration: Entry clearance is granted for 33 months (or 30 months if applying from within the UK). Fiancés or proposed civil partners receive a 6-month visa to facilitate marriage or civil partnership.
- Visa Extension: After the initial period, applicants may apply for a Spouse Visa Extension lasting 30 months.
- Indefinite Leave to Remain: After five years, applicants may be eligible to apply for Indefinite Leave to Remain.
Supporting Documents
Applicants will need to provide the following documents (this list is not exhaustive):
- Current passport or other travel documents
- Marriage or civil partnership certificate
- Divorce certificate for any previous marriages, if applicable
- Details of any criminal convictions, if applicable
- National Insurance Number (if applicable)
- Details of accommodation in the UK
- Bank statements
- Evidence of employment income, if applicable
- Sponsor’s British passport or Indefinite Leave to Remain document
- Details of any children accompanying you to the UK
Processing Time
- Outside the UK: Processing typically takes about three months, with priority services available in some countries for expedited processing.
- Within the UK: Standard processing time is eight weeks, with biometric residence permits usually issued within seven working days from the date of decision.
Fees for 2024
- Within the UK: £1,048
- Outside the UK: £1,846 (classified as a ‘settlement visa’ for entry clearance)
- Settlement Priority Service: Additional £500 fee (if available)
- Immigration Health Surcharge: Currently £624 per year, set to increase to £1,035 per year (£312 for every six-month period)
Fast-Track Option
There is a fast-track option known as the Priority or Premium Service, allowing applicants to expedite the processing of their applications. Availability may vary depending on specific circumstances and application location.
English Language Requirements
Applicants must demonstrate proficiency in Speaking and Listening:
- Initial Application: CEFR level A1 (beginner’s level)
- After 2.5 Years: CEFR level A2 (elementary level)
- Settlement: CEFR level B1 (intermediate level) Exceptions include those with a recognized degree taught in English or nationals of majority English-speaking countries.
Accommodation Requirements
Applicants must show adequate accommodation for themselves and their partner, ensuring the space is not overcrowded and affordable. Accommodation can be owned, rented, or provided rent-free (e.g., with family).
Financial Requirements
To meet the financial requirement, couples must demonstrate sufficient income or means to support themselves in the UK. The threshold is currently £18,600, set to rise to £29,000 in Spring 2024, with gradual increases to £38,700.
Application Process
Applications are submitted online, with a required appointment at a visa application center for biometric data enrolment. Extensive supporting documents must be uploaded, and applicants may be asked to attend an interview to verify the genuineness of the relationship.
Benefits of a UK Family Visa
A UK family visa allows partners to live together in the UK, overcoming the emotional strain of separation and enabling them to live, work, and plan a future together in Britain.
Handling Rejected Applications
Refusals may occur due to meticulous scrutiny by immigration officials. Legal advice and representation are crucial for challenging negative decisions promptly.
Visa Extension and Renewal
The visa can be extended every 30 months (2.5 years) to fulfill the 60-month (5-year) qualifying period for settlement. Renewal involves completing an online form and attending a biometric appointment.
Visa Interview Questions
Interview questions may vary but typically focus on the relationship’s genuineness, including details about how the couple met, the spouse’s earnings, and interactions with friends and family.
Third-Party Funding
In certain circumstances, third-party funding may be considered when assessing the minimum income threshold, following a Supreme Court decision in 2017.
Submitting Supporting Documents
After online submission, documents can be uploaded to an online portal managed by the Home Office’s commercial partner or brought to the appointment for scanning.
Disclaimer
The information above is not legal advice, and any reference to legal solutions or information regarding UK Immigration is sourced from Gov.uk (the official UK immigration website). ImmigrationHUB.co.uk does not provide legal advice or counsel. Any legal matters are dealt with directly by our partnered firms, which are registered by the governing societies in their area of operations.
