Spouse Visa for UK
Immigration Settlement Application Requirements
The UK Spouse Visa, also known as the UK Husband, Wife or Civil Partner Visa is a type of Visa that allows legally wedded Spouses, same sex Spouses and Civil Partners of British citizens and Permanent residents to acquire a Settlement Visa in the UK mainly through marriage. This Visa allows you to stay and work in the UK. Applications for UK Spouse Visas can be made through any British Embassy, Visa Application centre (often run by VFS) and British High commissions or posted to the Home Office Visa Processing Office within the UK (if you and your sponsor are already in the UK).
With Spouse Visa applications the UK Visa Officer is not only looking to see if the sponsor meets the Financial Requirements under the Family Migration Rules but they are also checking to see if the relationship between the UK Sponsor and the Visa Applicant is subsisting and genuine. This normally means that there is regular evidence of meeting each other face to face or at least communicating with each other by phone, email or social media. Our Lawyers and Legal Advisors also understand that many marriages are arranged by families according to traditional cultures and customs and we can advise on the best way to present your UK Visa Application so that the Visa Officer is satisfied with the evidence given to them.
Even if you have overstayed on your UK Tourist or student visa or even entered illegally and wish to apply for a UK Spouse, Fiancée and Partner Visa then it is not the end of the world. We can still help you live in the UK with your loved one by providing an effective Immigration solution. Normally if you are planning to join your UK Sponsor then your previous poor immigration history can be explained to the assessing UK Visa officer and rectified by disclosing all the facts. By breaking UK Immigration laws or even having a criminal record does not necessarily mean that you will never be granted a UK Settlement visa. By carefully preparing your UK Visa application and ensuring that all the requirements have been met and getting you ready for a Visa interview can result in you successfully being granted your UK Settlement Visa.
If the person being sponsored (the overseas national) is already living in the UK on a long term Visa or Student Visa, then they can apply for a UK Spouse Visa by submitting their Visa request to the Home Office. This procedure is known as Visa switching. This type of application means that an extension to stay in the UK is necessary. Through this process, the Spouse usually does not have to leave the UK.
If the overseas visa national has entered the UK on a Fiancée or Marriage Visa and then married within the six months of the Visa issue date, they can apply for a provisional Spouse or Partner Visa for two and a half years within the UK. With this process they are not required to leave the UK and are permitted to apply in country.
After this duration, they can apply for a further extension of stay for two and half years, only if they meet the UK Family Migration Requirements. After Completing a total of Five years they may be eligible to stay permanently under the conditions of Indefinite Leave to Remain also known as ILR, You must understand that at each extension stage of the UK Spouse Visa process you must show that you still qualify under the Family Migration Financial, Income or adequate maintenance Requirements.
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There are different and confusing Visa routes plus strict legal Requirements involved when looking to settle in the UK as a Spouse, unmarried Partner or Fiancee of a British citizen ... Read more
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Eligibility Requirements for the UK Spouse or Married / Civil Partner Visa (UK SETTLEMENT VISA)
- Your UK Sponsor should earn a gross minimum salary of £18,600 per year for at least 6 months.
- The sponsor should have an additional £3,800 for the first child sponsored if applicable and at least £2,400 for each additional child involved in any UK Settlement Visa application.
- If your sponsor is employed as a sole trader or a Limited company director in the UK then they must have been working for 12 months before making an application
- If the sponsor is not working then they should have cash savings or non employment income sources (from receiving property rental income or a pension) to be able to sponsor you.
- If using only cash savings you should have enough savings to be able to which must start from £16,000 as a floor value. If only cash savings are being used then the sponsor and/ or the Visa applicant can jointly or individually show these funds in order to meet the Financial Requirements. If you intend to use ONLY cash savings then you must show a minimum of £62,500 in your bank account.
- The sponsor can where applicable “mix and match” certain income sources to meet the Home Office Financial Requirements for Family and Partner Migration. Not earning £18,600 as a salary can mean that the sponsor can use cash savings, pension payments and rental income to meet any shortfall.
- Sponsors can also rely on UK Government benefits and be exempted from the main Home Office Financial Requirements if they are in receipt of benefits such as Personal Independence Payments (PIP) or Disability Living Allowance (DLA) however they will have to show that they meet the Adequate Maintenance Requirements under the Family Migration Rules. Simply being in receipt of UK Government Benefits such as DLA, PIP or Carers Allowance does not mean that a UK Settlement Visa will be granted.
Present and Settled in the UK:
- In order to sponsor an overseas Partner for a UK Spouse Visa, it is mandatory that the sponsor is a legal British citizen or a permanent resident. The sponsor must prove that he/she is permanently settled in the UK and if living somewhere else, they should return to the UK before or at the time of their Spouse or Partners arrival to the country.
Genuine and Subsisting Marriage:
- Partners must be legally married under the laws of the country where the wedding or marriage ceremony took place and demonstrate to the examining UK Visa and Immigration officials that they have a genuine and subsisting relationship with the UK sponsor. In order to issue the Spouse Visa, the Visa Officer must be satisfied that the marriage was entered into honestly and not to circumvent UK Immigration rules.
- For unmarried Partners, it is essential that they have been living together in a stable relationship for last two years before applying to the UK Spouse Visa. The Home Office will look to see that there is satisfactory documentary evidence to prove co-habitation for the 2 year period.
- You and your Spouse should be legally 18 years old or more at the time of the UK Visa application.
- You and your Spouse should know each other and have met in person before.
- You must provide satisfactory evidence that you and your Spouse will live together after applying for the UK Settlement Visa.
- There must be a suitable accommodation for you, your Spouse and any dependents. Normally this means that the place where the married couple will stay is not legally overcrowded. This can be proven by providing an Immigration Property Inspection Report. We can provide an Immigration Property Inspection Report that is recognised by the Home Office.
English Tests for UK Visa:
- The Home Office insist that the foreign spouse or partner sits an approved English Test and passes at the required grade. The test is usually a speaking and Listening Test only. You can NOT sit the test at just any English language school in the Foreign nationals home country. It must be a school or test centre that provides international Standard English tests that the Home Office / British Embassy legally recognise under Secure English Language Tests (SELTs) rules. UK Visa Migrants from majority English speaking countries DO NOT have to sit these tests and are exempt from this requirement.