Spouse Visa UK

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

If your UK spouse 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 UK spouse 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

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.

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

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.

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 £3,029 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.

Why You Need a Spouse Visa Solicitor

When applying for a UK Spouse Visa, consider hiring a UK spouse visa solicitor. This qualified legal professional will have key knowledge in helping applicants secure a
Partner or Spouse Visa.

Expert Guidance on Complex Cases
Spouse visa solicitors are trained to advise clients trying to meet the Home Office’s strict requirements for family visas. Spouse visa solicitors will have direct experience in cases that involve previous refusals, complex financial situations, or where the applicants have complicated immigration histories. If you are considering applying for a Spouse Visa, opting for someone who knows how to work with the Home Office to secure a UK visa is vital.

Importance in Challenging Situations
This is particularly important if you or your partner are applying in challenging circumstances, such as previous visa overstays, reliance on third-party sponsorship, non-standard income documentation, or prior refusals. Solicitors are also crucial for applicants who are unfamiliar with UKVI procedures or who require urgent processing due to exceptional circumstances and need a decision quickly.

Ensuring Application Compliance
A UK solicitor can help ensure you meet all the requirements for the Spouse Visa pathway. They can quickly identify any potential issues you may face, such as meeting the minimum income requirements, demonstrating you have sufficient funds, or suitable accommodation. Working with an expert means you will be aware of what evidence is needed to support your application, especially when proving your relationship with your partner is genuine.

Supporting Documentation & Early Intervention
Spouse visa solicitors can also help with document preparation to showcase your financial stability and your English language proficiency.

Hiring a lawyer at the early stages of applying for a Spouse Visa means they can ensure your application is completed correctly and you avoid common mistakes such as missing information or failing to demonstrate how you or your partner meets the eligibility requirements.

Competent lawyers will also be able to work directly with the Home Office and respond to communications promptly to avoid any potential delays.

If your application is refused or rejected, lawyers can help address the reasons for denial and represent you at any appeals if necessary.

Professional legal representation has many benefits, with solicitor-managed applications often having higher approval rates. In addition, properly prepared applications are typically processed faster, avoiding the 6-12 week delays common with requests from the Home Office for additional information.

When hiring a spouse visa solicitor, ensure you opt for a regulated legal firm with a history of working in the immigration field. The firm should be able to provide past case studies showing how it has successfully helped past clients relocate with their partners to the UK.

There are a number of professional bodies within the legal field, so opt for solicitors who confirm they are fully accredited and provide a transparent approach to fees and handling your case.

Moving to the UK is a significant life decision, and it is important to ensure you apply for a Spouse Visa correctly so you don’t face being separated from your loved ones. Reach out today to Newcastle Immigration Lawyers on +44 (0) 333 305 9375 to learn more about using an immigration lawyer and arrange an advice session.