The UK spouse visa enables an eligible foreign national to join and live with their partner in the UK if they are a British citizen or settled person (e.g. a person with Indefinite Leave to Remain or EU Settled Status).
The UK Spouse Visa is designed for married partners of British citizens or individuals settled in the UK. This visa also applies to those whose UK-resident spouses intend to return to the UK with them. Successful applicants can eventually acquire indefinite leave to remain or settle in the UK after 5 years.
To qualify, you must demonstrate that:
Your partner must be either:
Both partners must be over 18 at the time of application.
To meet this, you must:
Certain relationships, such as close familial ones, are prohibited under UK law.
Evidence of a face-to-face meeting is required.
Marriages in the UK must comply with UK laws. Overseas marriages are recognized if they meet certain criteria.
Evidence of a genuine ongoing relationship is essential.
You must intend to live together permanently in the UK.
Proof of the end of any previous relationships is required.
When a partner applies for a family visa, you and your UK-based partner must generally demonstrate that your combined income meets the minimum income requirement of £29,000 per year. This is a key financial condition for the visa application.
You can prove your income in several ways, depending on the source of that income. The following types of income are recognised:
If your partner is receiving certain benefits, you may not need to meet the £29,000 income requirement. These benefits include:
In such cases, your partner is not required to meet the income threshold, but you still have to demonstrate that you have enough funds to support yourself in the United Kingdom. You need to show that you can handle housing on your own and won’t need government assistance.
If you do not meet the £29,000 annual income requirement, you can use your savings to fulfil the financial requirement. The savings must be at least £88,500 (increased from the previous requirement of £62,500). This amount will be considered in place of income to demonstrate that you and your partner can financially support yourselves.
Applicants need to show that they are currently residing in an appropriate UK residence and that it:
When you apply, you may need to demonstrate your proficiency in the English language.
When you do not need to show it
If one of these is true, you don’t have to show that you know English or take a test:
You won’t need to verify your English knowledge if you’re from one of these majority English-speaking countries.
Initial grants are for 33 months (overseas) or 30 months (within the UK), with the possibility of extension.
Decision time can vary, with options for expedited processing in some cases.
Initial grants are for 33 months (overseas) or 30 months (within the UK), with the possibility of extension.
Spouse Visa holders can work in the UK.
Eligibility for ILR arises after 5 years on the Spouse visa route. This is subject to several requirements including financial requirement, immigration status requirement, genuine relationship requirement, English language at CEFR Level B1, Knowledge of Life in the UK.
Switching to a Spouse Visa is possible under certain conditions if you are already in the UK.
Our team specializes in Spouse visa applications, offering expert advice and assistance tailored to individual circumstances. We focus on complex financial situations and ensuring applications meet all requirements for a successful outcome. We provide clear, trustworthy advice as part of our professional services.
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@ Privity Legal 2024