The UK Spouse Visa allows married couples and civil partners to reunite in the UK. If you’re married to or in a civil partnership with a British citizen or someone with settled status, this visa lets you live, work, and build a life together in the UK. Here’s an in-depth guide to help you navigate the spouse visa application process in 2024.
What is the UK Spouse Visa?
The UK Spouse Visa is designed for non-UK residents who are married to, or in a civil partnership with, a British citizen or a person settled in the UK (holding indefinite leave to remain or settled status under the EU Settlement Scheme). It permits the visa holder to live and work in the UK for 2.5 years, after which the visa can be extended. The ultimate goal for many is to secure indefinite leave to remain (ILR), which can lead to British citizenship.
Eligibility Criteria for the UK Spouse Visa
To successfully apply for the UK Spouse Visa, you must meet several key requirements:
- Relationship Requirements:
You must prove that you are either legally married to, in a civil partnership with, or in a long-term relationship (cohabiting for at least two years) with a British citizen or someone settled in the UK. The relationship must be genuine and ongoing. - Financial Requirement:
The sponsor (the UK-based spouse) must demonstrate that they have sufficient income or savings to support the applicant without relying on public funds. The minimum income threshold is £18,600 per year for the sponsor. This amount increases by £3,800 for the first dependent child and £2,400 for each additional child. If the sponsor does not meet the income requirement, savings of £62,500 can be used as an alternative. - Accommodation Requirement:
There must be suitable accommodation available for the applicant, their spouse, and any dependents. This accommodation must meet UK living standards and not be overcrowded. - English Language Requirement:
The applicant must prove they can speak and understand English. This is typically done by passing an English language test at A1 level or higher, unless you are a national of a majority English-speaking country or hold a degree taught in English. - Genuine Relationship Test:
UK Visas and Immigration (UKVI) will assess whether the relationship is genuine. You may need to provide evidence of your relationship history, such as photos, travel documents, correspondence, and proof of living together.
Step-by-Step Application Process
- Online Application:
You’ll need to fill out an online application form via the UKVI website. Ensure all sections are completed accurately and provide as much detail as possible about your relationship, finances, and accommodation. - Document Submission:
As part of the application, you’ll need to submit several documents to prove eligibility:- Valid passports for both partners
- Marriage or civil partnership certificate
- Evidence of finances (e.g., payslips, bank statements, employment contract)
- Proof of accommodation (rental agreement, mortgage documents)
- English language test certificate (if applicable)
- Proof of the relationship (e.g., photos, travel itineraries, communication records)
- Biometric Appointment:
After submitting the application, the applicant will need to attend a biometric appointment to provide fingerprints and photographs. - Processing Time:
UK spouse visa applications generally take between 8 to 12 weeks for a decision if applying from outside the UK. Inside the UK, processing times may be similar. Priority processing is available at an additional cost, which can expedite the decision to within 5 working days.
Fees and Costs
- Visa application fee (outside the UK): £1,538
- Visa application fee (inside the UK): £1,048
- Immigration Health Surcharge (IHS): £624 per year, paid upfront for the visa’s duration.
These fees do not include optional priority services or legal assistance.
Spouse Visa Extension
After 2.5 years on the Spouse Visa uk, you can apply for an extension, also known as Further Leave to Remain (FLR). The requirements for extension are similar to the initial visa, including proof of relationship, finances, and accommodation. Once you’ve lived in the UK for five years on a spouse visa, you can apply for indefinite leave to remain (ILR).
Path to Indefinite Leave to Remain (ILR) and British Citizenship
Once you hold ILR, you can live in the UK without any time restrictions. After 12 months with ILR, you may be eligible to apply for British citizenship, provided you meet all the requirements, including residency and the Life in the UK Test.
Common Reasons for Spouse Visa Refusals
Applications can be refused for several reasons, including:
- Failure to meet the financial requirement
- Inadequate evidence of a genuine relationship
- Missing or incomplete documents
- Incorrectly completed forms
To avoid refusal, carefully follow all application guidelines and provide thorough documentation to support your case.
Tips for a Successful Application
- Prepare Early:
Gather your documents well in advance, especially financial records and proof of relationship, which may require time to compile. - Meet the Financial Threshold:
Make sure your sponsor’s income or savings meet the required levels to avoid complications. - Provide Detailed Relationship Evidence:
Include photos, travel records, letters, and any other forms of communication that show a genuine, long-term relationship. - Seek Professional Advice:
If your case is complex, consider hiring a legal expert specializing in UK immigration to assist with your application.
Conclusion
The UK Spouse Visa is a pathway for couples to build their lives together in the UK. By carefully following the eligibility criteria, gathering necessary documents, and understanding the application process, you can increase your chances of a successful visa approval. Whether you’re applying from outside or within the UK, proper preparation is the key to joining your spouse and starting your new life in the UK.