Spouse Visa UK: Get Expert Advice from Solicitors

To sponsor a UK spouse visa, the UK-based partner must meet certain criteria. The sponsor must be:

• UK citizens
• Persons with indefinite leave to remain or right of abode in the UK
• Persons with refugee status
• Persons with settled status from the EU settlement scheme
• Irish citizen in the UK,

Once granted, the spouse visa permits the civil partner to immigrate to the UK to live, work or study freely so long as they continue to meet the spouse visa requirements.

Before applying for the spouse visa UK, a person’s marriage must be recognised by the UK authorities. This step is crucial during the application phase because if the proof of marriage submitted leaves room for the suspicion of illegitimacy, the applicant’s visa may be automatically denied. For clarification, the following terms are used when discussing marriages regarding the UK Spouse visa.

• Registered Marriages: A registered marriage entails that you and your spouse are legally married and have a marriage certificate from either the UK government or that of any recognized government
• Civil Partnerships: Civil partnerships entail the union of same-sex couples. While this is not officially recognized as a marriage, couples in civil unions are afforded the same rights as married heterosexual couples.
• Traditional Marriages: These types are not officially recognized even if they bear a certificate. The couples must register with UK home affairs before applying for this visa.
• Proposed Partnerships: Those in proposed partnerships, including fiancés/fiancées, have to apply through another type of visa, the fiancé visa UK, after which they may then apply for the Spouse visa UK.

The spouse visa is granted to couples in genuine harmonious relationships who intend to live in the UK together. You can show this through any of the following;

• Documents that prove that you have lived together for at least two years
• Documents that prove that you have children together
• Documents that show that you have a joint account
• Pictures or documents that prove that you both have met in person previously.
• Records that show that you both have been in constant contact with each other

It is necessary that you prove your proficiency in the English language when applying for the Spousal visa UK. Documents that can be used as evidence include:

• An academic qualification that was taught or researched in English. The qualification must be recognized by the UK National Academic Recognition Information Centre (NARIC) and equivalent to a UK Bachelor’s degree or higher.
• Results that you passed an approved English Language proficiency test, with at least a CEFR level A1 in speaking and listening.

However, some nationals are exempted from providing proof of English proficiency. This includes persons from;

• Antigua and Barbuda
• Australia
• The Bahamas
• Barbados
• Belize
• Canada
• Dominica
• Grenada
• Guyana
• Jamaica
• New Zealand
• St Kitts and Nevis
• St Lucia
• St Vincent and the Grenadines
• Trinidad and Tobago
• USA

To bring your partner into the UK to live with you, you must meet specific financial requirements – this involves either earning a certain amount of money (before tax) or having a required amount in savings if your earnings do not meet the requirement.

Your earnings can be any or a combination of:

• Earnings from employment or self-employment
• A pension
• Maternity, paternity, adoption, or sick pay
• Other income such as from rent or shares

The UK spouse visa’s financial requirement depends on how many persons are coming in. If you’re bringing in extra dependents, you will have to meet higher requirements.

You will need to meet the financial requirement of £29,000 per year before tax.

You do not need to meet a minimum income requirement for spouse visa if your partner gets one of the following benefits:

• Disability Living Allowance
• Severe Disablement Allowance
• Industrial Injuries Disablement Benefit
• Attendance Allowance
• Career’s Allowance
• Personal Independence Payment
• Scottish Adult Disability Living Allowance
• 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’ll need to show that you receive enough money to look after your dependant – this is called ‘adequate maintenance.’ How much this will depend on your circumstances. You’ll need at least around £120 (or more if you have children) left per week after you’ve paid for your housing.

Adequate accommodation is a key requirement for a UK Spouse Visa application. The couple must show that they have suitable housing available in the UK where they can live together without overcrowding and without relying on public housing.

This can be a rented property, owned home, or accommodation provided by family members, as long as it meets UK housing standards. Evidence such as tenancy agreements, mortgage statements, property inspection reports, letters from landlords, Council tax bill or utility bills is often required to support this part of the application.

Applicants from certain countries must provide a tuberculosis (TB) test certificate before applying for UK spouse visa. The test must be taken at a Home Office-approved clinic.

The test is a mandatory requirement and helps ensure public health safety in the UK. The TB certificate must be submitted with the visa application and is usually valid for six months. Failure to provide a valid certificate when required can lead to delays or refusal of the application.

You will need a TB test if:

• You are applying from a country listed by the UK government
• You plan to stay in the UK for more than six months

Once your spouse visa is approved, you are allowed to take up employment in almost any job, whether full-time or part-time, without needing a separate work permit. You can work for an employer, be self-employed, or even start your own business, giving you flexibility to build your career in the UK.

Spouse visa holders are not restricted by minimum salary thresholds or specific job roles, unlike some other UK visas. This means you can work in any sector, change jobs freely, and take on multiple roles if you wish. You are also allowed to study while working, as long as it does not interfere with visa conditions.

If you apply for the UK spouse visa from outside the UK, it will be valid for 33 months, while those who apply from within the UK will be able to stay in the UK for 30 months.

Before the expiration of your visa, you can apply for an extension of 2 years and six months. After a total of 5 years staying in the UK, you will then be able to apply to settle in the UK and eventually apply to become a UK citizen.

The UK Spouse visa lasts an initial period of 2 years and 9 months. Once this period is nearly finished, you may be able to apply to extend your visa for another 2 years and 6 months.

To be eligible for an extension, you must still continue to meet all of the eligibility criteria that applied when you first obtained your visa. You must still be in a genuine relationship with your spouse, living with them in the UK and meet the minimum income requirement.

In addition, you must not have taken any significant leave of absences from the UK unless you had a genuine reason to do so.

The earliest you can apply for an extension is 28 days before your current visa expires. You must submit your application for an extension via the gov.uk website.

Successfully obtaining a Spouse visa extension is key to eventually being able to settle permanently in the UK, so it’s important to ensure your application meets all the necessary Home Office criteria.

If your UK spouse visa application is approved, the Home Office will confirm this in a decision email or letter. You will be granted an eVisa, which is a digital record of your identity and immigration status rather than a physical visa vignette or stamp. Your decision notice will explain how to access your eVisa, and you will need to set up or sign into a UK Visas and Immigration (UKVI) account to view it.

Once your visa is confirmed and your status is recorded digitally, you are able to enter the United Kingdom and begin living under the terms of your spouse visa. While you are in the UK on this visa, you will have the right to work and study without restrictions, giving you the freedom to pursue employment or further education.

However, there are certain limitations you should be aware of: you will not usually be able to claim public funds or access most benefits, either for yourself or for any dependants, and you cannot apply to settle permanently in the UK until you meet the eligibility criteria for settlement.

If your UK spouse visa application is rejected, the Home Office will inform you of its decision by email or letter. You can appeal this decision but only with solid proof that it makes it impossible for you and your spouse to be together.

Appeals are usually tricky and time-consuming, and it is highly recommended that you seek the help of competent immigration lawyers to guide you through the process. Total law provides immigration support and advice, and you should contact a Total law attorney for guidance on the appeal requirements and process.

After spending 5 years in the UK on a Spouse visa, you may become eligible for permanent residency, otherwise known as indefinite leave to remain (ILR).

To be eligible for ILR, you must meet the following requirements. You must:

• Still be living with your spouse, have been living with them since your last visa renewal and intend to continue to live with them after you apply for ILR
• Prove that your relationship with your spouse is genuine
• Still meet the minimum income requirement that applied when you first applied for your visa
• Pass the Life in the UK test
• Meet the English language requirements – you must pass an approved English language test at at least B1 level in speaking and listening or have an academic qualification that was mostly taught or researched in English

You must apply for ILR online through the gov.uk website. It costs £3,226 to apply.

It is possible to switch to a Spouse visa while in the UK on another type of visa.

In order to be eligible, you must meet all the basic eligibility criteria for a Spouse visa, including being in a genuine relationship with some one who has status in the UK, being in a marriage or civil partnership with them, or having lived with them for at least 2 years.

You must also meet the basic financial requirements for the visa.

You can apply to switch to a Spouse visa at any time before your current visa in the UK expires.

Note that you will not be able to switch from certain visa types to a Spouse visa, such as a Standard Visitor visa. If you are currently in the UK on one of these ineligible visas, you must leave the UK and apply from outside the UK in order for your application to be considered.