Spouse Visa UK

Before applying for the spouse visa UK, a person’s marriage must be recognized 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

If your visa application is accepted, you will receive a permit that allows you to enter the UK for 30 days.

Once in the UK, you will need to pick up your biometric residence permit (BRP) form a named post office branch; or from your sponsor (if you choose the option when applying). Your BRP contains your biometric information, which you provided at the visa application centre where you applied; and must be picked up within ten days of arriving in the UK or before the vignette sticker on your travel document fades (whichever comes later)

If you fail to enter the UK within the 30 days covered by the permit, you will need to reapply for a new 30-day permit, for which you will pay another fee. In addition, if you arrive in the UK and fail to pick up your BRP in the stipulated time, you might be fined, or your visa might be cancelled.

If your spouse’s visa application is rejected, the Home Office will inform you of its decision. 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.

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

Persons from Ireland require proof of English proficiency.

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 (such as children), you will have to meet higher requirements.

To bring in just your partner, you will need to be earning at least £18,600 per annum (before tax).

If you’re bringing in children, you’ll need to earn an extra £3,800 for the first child and an extra £2,400 for each child after that.

You don’t have to earn these extra amounts if you’re bringing children who are British or children who have indefinite leave to remain in the UK.

If your earnings are less than required, you must have savings of £16,000 plus £2.50 for every £1 your income is below the financial requirement.

So if, for example, you’re bringing in just your spouse, and you earn £15,600, that means your income is £3,000 less than the requirement. Thus, you would need £16,000 + (3000 x 2.5) = £16,000 + £7,500 = £23,500. You would need £23,500 in savings to bring them in.

A savings must have been in your name for six months or more to be considered valid.

If you have one or more of the following benefits:

• Disability Living Allowance
• Severe Disablement Allowance
• Industrial Injuries Disablement Benefit
• Attendance Allowance
• Career’s Allowance
• Personal Independence Payment
• 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.

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.

Processing time for the UK spouse visa may take up to 24 weeks if you’re applying from outside the UK. However, applications within the UK may take 8 weeks through standard service or as little as 2 working days if you apply through the super priority service.

However, the application time may take longer if extra times are needed to review your:

• Financial eligibility
• English language Proficiency
• Criminal records
• Any or all of your supporting documents

Contact Total Law for guidance throughout the application process to avoid delays during processing.