United Kingdom is a famous destination for individuals seeking better career prospects, higher education, or a new life. However, moving to another country requires navigating complex legal processes and obtaining the necessary permits and visas. For who are married or in a civil partnership with a British citizen or settled person in the UK, one option to relocate is through the spouse visa.
Spouse visa
A spouse visa allows an individual to join their partner in the UK for an extended time. It is officially referred to as a “family of a settled person” visa or marriage visa; it is relatively easy for partners and spouses to join them in the UK for an extended time. A partner or spouse visa will allow you to stay in UK and work in the UK without restriction. This type of visa falls under the family category and requires meeting specific eligibility criteria and submitting detailed documentation. This article will provide you with details for the wholesome procedure of getting a visa in the UK.
Eligibility for a Spouse Visa?
A non-resident of UK is eligible for a Spouse or partner Visa to enter the UK if he or she is in a marriage or civil partnership with a settled person or British citizen :
- Aged 18 years or over
- Married or in a civil partnership recognized by the UK
- Married to a UK-settled person or British citizen
- Living together for two years, and can prove it
- Engaged or hold a Fiancé Visa UK and will get married within six months of arrival in the UK
UK Spouse Visa Requirements
To qualify for a UK Spouse visa, the applicant must fulfill the requirements set by the UK Immigration. These requirements are listed below.
- Minimum age requirement
- Relationship status requirement
- Status of sponsoring partner
- Financial requirement
- Suitable accommodation requirement
- Requirement of English language
- Medical requirement
These requirements must be fulfilled to get a partner Visa UK. These conditions may vary depending on your circumstances. It is advised to hire an expert or consultant to make the process easy and flexible and to increase the chances of approval to come to the UK.
Minimum Age for a Spouse Visa
The minimum age required for qualifying for a UK spouse visa is 18 years. Both partners must be above the age of 18 on the date when you submit your Visa application.
Status of Sponsoring Partner
As a person living outside the UK, you can apply for a UK partner and spouse visa if your partner is based in the UK. To be eligible for the spouse visa, your partner must meet one of the following conditions.
- Your partner is a British or Irish citizen.
- Your partner has settled in the UK and carries the settled status, permanent residence, or Indefinite Leave to Remain (ILR)
- Your partner qualifies humanitarian protection in the UK or has refugee status
- Your partner possess Turkish Worker visa or Buisness person visa.
You must have the intention to live together in the UK after you move here.
Financial requirements of spouse visa for UK
One of the most critical requirements to get a spouse visa is to be financially sound so that you can support your expenses in the UK without needing to claim public funds. To bring your spouse to the UK, you must have evidence of an income of at least £18,600 a year. Meeting the financial criteria is the cruical part of the process; failing to fulfill it will result in visa rejection. The Financial requirement under the UK Partner category can be met in three ways.
- Through the income of your spouse (Income from salary or income from property rentals or dividends from shares)
- cash savings (an amount of 16,000 held for at least six months)
- combination of both income and savings
The financial requirements under spouse visa category vary depending on the number of family members. For a single dependent partner an annual income of £18,600 is required. In dependent children, the spouse visa financial requirement is determined by the number of children. Apart from a standard annual income of 18,600, for the first child additional £3,800 per year is needed and an additional £2,400 for each subsequent child. So, the gross minimum income for an applicant with two children will be £24,800, and for three children, £27,200. In some circumstances, both options could satisfy the financial requirement for a UK spouse visa.
Documents required to prove your financial subsistence include
- a bank statement of the partner already living in the UK.
- Six months of pay slips.
- A letter from the employer which includes the job title, the period they have worked there, and the current salary.
UK Spouse Visa Relationship Requirement
You and your partner must be married legally, and that marriage should be recognized in the UK to apply for a UK spouse visa. There are different conditions set by the UK visa and immigration for the relationship to be legal in the UK. These conditions are,
- You and your partner are not within a prohibited degree of relationship (you and your partner must not be related in the ways described by the UK)
- You must have met in person;
- Your relationship is genuine and subsisting;
- You and your partner has the intention to live together permanently in the UK;
- Any previous relationship has broken down permanently.
Marriage inside the UK
To be recognized as valid, all marriages in the UK must be carried out per the requirements of the Marriage Act 1949, the Marriage Act 1977, or the Marriage Order 2003. Also, the marriage should be monogamous.
Marriage outside the UK
Marriages taking place outside the UK must meet the following conditions to be recognized in the UK. The marriage should be conducted appropriately and recognized by the law of the country. Evidence of the marriage in the form of a legal marriage certificate should be provided.
English Language requirement
One of the requirements to get a spouse visa for the UK is to meet the language requirement, which means you can speak and understand English to a required level. You will need competence in English to at least CEFR level A1. As an applicant, you can meet this requirement by:
- Passing the (CEFR) from an approved testing center.
- Providing the evidence of your academic transcripts or your degree taught in English.
Applying for further leave to remain a spouse, you must demonstrate competence in English to at least CEFR level A2.
Suitable accommodation requirement
You must prove that adequate accommodation is available for you and your spouse or proposed civil partner. The accommodation should meet public health regulations; it must avoid crowdedness. Visa applicants must have evidence of suitable accommodation in the UK showing
- The accommodation is owned or occupied by the applicant and his family members, has sufficient living space and meets any public health requirements
Medical Requirement
To remain in the UK, you may require to pass a medical test showing you don’t have Tuberculosis (TB), depending on the applicant’s country of residence.
Documents required for UK spouse visa
A list of documents required for a UK partner visa is given below. This document checklist include the following:
- Completed application form (For spouse visa, the required form is VAF4A) and application fee receipt
- Valid passport with one empty page at the minimum
- Previous passports (if any)
- Evidence of your relationship (e.g., photographs).
- Proof of English proficiency (e.g., CEFR exam certificate).
- Two passport-sized color photographs
- Proof of meeting the financial requirements (e.g., bank statements, pay slips, or savings)
- Details of any previous immigration applications
- Your national insurance number, if any.
- Details of any criminal convictions
- Proof of accommodation in the UK
- Biometric identification including fingerprints and a digital photograph taken at the center.
- Tuberculosis test results
To ensure you receive a favorable decision on your partner and spouse’s visa application, you must provide all the evidence and documentation required by UK Visas and Immigration. If the required items are not provided in the correct format it may result in the refusal or delay of your visa.
Application Fee for a UK spouse visa
The UK Spouse Visa application fee outside the UK is currently £1,523. The online application fee to switch into the spouse category from within the UK or extend stay as a spouse is currently £1,033.
Processing time:
The standard time for deciding on a Spouse Visa application which is not submitted inside the UK is 12 weeks (3 months), but applications from within the UK should be decided within eight weeks.
The Super Priority Visa is temporarily suspended for new Family Visa applications submitted outside of the UK. However, the Priority Visa Service has been resumed for new Marriage and Family Visa applications from February 2023. Under the priority visa service, the applicants can expect to receive a decision within 30 working days.
UK spouse visa Duration
The spouse visa for UK is initially issued for two years and nine months (giving you 90 days to move to the UK), and you can use the exit and re-entery option for multiple times. At the end of the time granted under this visa, you can apply for extension in your stay in the UK for two and a half years. Advantage of this visa is that you do not face any restrictions regarding work in the UK.
Extension for UK spouse visa
After completing the duration of your initial visa, you must apply for a spouse visa extension in the UK within 28 days before it expires. To get the extension, you must meet the same eligibility criteria; you met before. However, the proficiency for English language requirement will be higher this time. Successful applicants can renew their spouse visa for another two years and six months. It is important to know that if you were granted an initial visa it does not guarantee an extension approval.
The decision usually arrives in 12 weeks for your extension, if you apply using the standard application. There is also a speed service available through which a decision is provided within 24 hours of applying.
Indefinite leave to remain (ILR)
The spouse visa also paves the way for your settlement in the UK, where you can apply for indefinite leave to remain (ILR) after staying in the UK for five years. After your spouse visa and an extension, you will have spent five years in the country fulfilling one of the requirements for ILR. Now you can apply for ILR in the UK and
Besides qualifying time criteria for ILR, you also need to:
- Pass the “Life in the UK Test”
- Prove your proficiency in English language (CEFA Level 2).
- Be of good character
- Meet the income requirements
After qualifying for ILR and holding it for 12 months, you are eligible to apply for British citizenship.
Conclusion:
In conclusion, the UK spouse visa is a popular immigration option for those who are married to a UK citizen or settled person in the UK. The visa application process for spouse visa UK can be tiring and time taking, but with the right guidance and thorough preparation and attention to detail, it is possible to obtain a successful outcome. HSA consultants is the best option to pursue your dream of living in the UK.
One key consideration when applying from outside the UK for a UK spouse visa is meeting the financial requirements. This involves demonstrating that you and your partner have sufficient income or savings to support yourselves without relying on public funds. Additionally, providing strong evidence of your relationship and intentions for living in the UK can help strengthen your application. It’s important to note that once you obtain a UK spouse visa and started living in the UK, there are further steps required if you wish to settle in the country permanently. This includes meeting certain residency requirements over time and passing an additional English language test.