UK Spouse Visa

There are several UK Spouse Visa requirements you need to meet if you want to join your partner in the UK.

Spouse Visa requirements

• Like with any other UK Partner Visa, you must be in a ‘genuine and subsisting’ relationship with a British partner. Settled people, including people with Indefinite Leave to Remain, also count as ‘British’ in this sense
• You must be married to a British citizen or settled person, and this marriage should be recognised by international marriage laws
• You need to have met your UK national partner, in person, on at least one occasion and you can prove this
• Your marriage must not be a marriage of convenience and it must not have been conducted for fraudulent purposes (also sometimes referred to as a ‘sham marriage’)
• You must prove that you and your UK national partner meet the Spouse Visa financial requirement (you must meet the combined income threshold for a Spouse Visa of at least £18,600)
• You have accommodation set up for you and your UK national partner to live in that meets the Home Office’s criteria
• You meet the English language requirements for this visa category

When applying for a Spouse Visa UK you will need extensive amounts of documents. These need to prove that you meet all of the UK Spousal visa requirements. Some examples include:

• Proof that your relationship is genuine: photographs, phone conversations, emails, Skype sessions, events attended together, video chat logs
• Proof of your income: job contracts, bank statements, proof of investments/property
• Proof you meet the accommodation requirement: house leases, letting contracts, temporary accommodation bookings
• Proof you meet the English language requirement: degree in English, IELTS test, proof you’re a national of a predominantly English-speaking country

There is no limit to the documents you can use to prove that you meet the eligibility requirements. However, you can be seen as manipulative by the Home Office if you provide too much evidence. For this reason, it is often best to consult an immigration lawyer if you want to ensure you get this right.

Call our team on 0161 826 9783 to find out more about what you need to provide to demonstrate you meet the criteria for this immigration category.

To be eligible for this type of Marriage Visa, you need to prove that your relationship with your British/settled partner is ‘genuine and subsisting’.

You can use anything you want to do this, but it must show that your marriage is based on a real relationship that you genuinely intend to stay in when you reach the UK.

There are different forms of evidence you can use to do this, including:

• Photographs/videos of the two of you together
• Evidence of phone conversations, texts, or chat logs
• Tickets from events you attended together
• Proof of shared finances (e.g bank statements, joint mortgages etc)
• Social media accounts
• Proof of travel together/to and from each other

You should be careful when providing evidence to support your application that you do not provide insufficient documents. This can mean the difference between your UK Spouse Visa being accepted and rejected.

If you are unsure of how to demonstrate that you meet the genuine relationship criteria, our immigration lawyers in Manchester can provide you with comprehensive immigration advice such as support for your Spouse Visa application. Contact us now and we’ll call you back.

As part of the UK Spouse Visa requirements, you need to prove that you have accommodation set up for when you arrive in the UK. You must intend to live together permanently in the UK if you are granted a UK Spouse Visa.

This accommodation must meet UK living standards. You should be able to demonstrate this by providing the following alongside your application.

• An official description of the property (e.g from a letting agent or from a listing on a website)
• Proof that you have enough rooms in the property to house you and your partner and any dependents you are bringing with you

To properly meet the living standards for the UK, the property you intend to live in must have

• One bedroom per couple and baby under the age of one
• A bedroom each per child over 10 years old

You must show that the accommodation you and your UK national partner intend to live in together meets these standards so that your Spouse Visa can be granted. You should set up your accommodation – even if it just temporary – before you make an application. This shows the Home Office that you intend to live together permanently in Britain.

When applying for a UK Spouse Visa there are also a number of Spouse Visa financial requirements that you will need to meet to prove that you have enough money to support yourself and any dependents whilst in the UK. This includes meeting the minimum income threshold for a Spouse Visa.

Spouse Visa financial requirements

• You and your sponsoring partner must meet the combined Spouse Visa income threshold of £18,600 (gross annual income) at least
• If you’re application that includes non-EEA or non-British children, you’ll need an additional £3,800 for the first child and £2,400 for each subsequent child in annual income to meet the minimum threshold.
• The income threshold for a Spouse Visa includes both partner’s finances
• It can include income from employment, ownership of business, or self-employment
• Non-employment finances (like property rentals, investments, shares, and stocks can also be used
• You can use savings but only to the amount of £16,000. This has to have been held by either you or your partner for a minimum of six months

If your British partner receives some types of benefits (including disability allowance, police injury pension, or industrial injuries disablement benefit) you will be exempt from the Spouse Visa financial requirement.

You need to meet the UK Spouse Visa English language requirement in order to qualify for this partner visa route.

In the majority of scenarios, this means taking and passing an English language test. This allows you to demonstrate that you have enough knowledge of speaking and understanding English. This test must be completed through a Secure English Language Testing (SELT) provider.

If you have a degree that was taught in English, you do not need to take an English language test. You also do not need to take a test if you are a national of a majority English-speaking country.

Other exemptions for the English language test include:

• If you are under the age of 18 or over the age of 65
• If you have a disability that stops you from being able to take the test (such as a severe learning disability)
• If you have refugee status or humanitarian protection

If you simply want to know your options as regards the UK Spouse Visa requirements and what your next steps are, we can book you in for a free advice session with one of our immigration lawyers in Manchester.

In this session, we will discuss your options with you, and your spouse if required. We will conduct an eligibility assessment that considers your circumstances. Your lawyer will look at your supporting evidence and review all the information you have pertaining to your relationship and marriage.

During the session, the lawyer will explain any jargon for you and work with you so that you understand your requirements and the Spouse Visa application process. You will also be given advice on your documents and what to include for a successful Spouse Visa application. We will estimate our fees if you choose to instruct our services.

Call us on 0161 826 9783 to find out more information about our immigration advice packages, and how our team can help you.

Our Spouse Visa application package is a bespoke service that is tailored around our clients and their needs. As part of this, a Manchester-based immigration lawyer will oversee your entire Spouse Visa application for you.

Our application service is a complete package. Your lawyer will work closely with you to evaluate your best course of action and begin compiling your supporting evidence to show that you meet the financial, relationship, accommodation and language requirements for the Spouse Visa category.

They will then organise your documents into a comprehensive Evidence Portfolio. This displays all the relevant information and evidence for your case chronologically, in a way that meets the Home Office guidelines and preferences. This is particularly helpful for trying to show how and when you and your partner first met one another, as well as proving that your relationship is a genuine one.

After doing this, your lawyer will write a detailed cover letter to support your Spouse Visa application. This includes information on your case, in which it argues for the merits. This will be submitted alongside your Spouse Visa application.

The UK Spouse Visa application processing time can vary depending on how complex or straightforward your case is.

Once your application has been received by the Home Office, it is likely to take weeks to process. Usually, the average Spouse Visa processing time is around three months but it can be as quick as two weeks and as long as six months if the application is complex.

Processing times also vary depending on the country from where the visa application is made.

One of the reasons it can take some time to process a Spouse visa application is that caseworkers are very thorough with UK Spouse Visa applications, as they are trained to detect fraudulent applications.

Once the assessing official has made a decision on whether or not to grant your UK Spouse visa application, they will get back to you with a decision on it.

If you apply with a family member this could make the decision-making process longer, as caseworkers have more evidence to review.

The current UK Spouse Visa fees are:

• Application fee: £1,048 if applying from inside the UK, and £1,538 if applying from outside the UK
• Life in the UK test: £50
• Immigration Health Surcharge (fee to use the NHS during your time in the UK): £1,560 if applying from inside the UK, £1,872 if applying from outside the UK
• TB test: £65-£110
• Housing report (to demonstrate that you meet the accommodation requirement): £80 – £120

UK Spouse and Partner visas are often refused. This can be for several different reasons, but the main reason is usually related to the ‘genuine relationship’ requirement.

If an application is refused on this basis it is because caseworkers judge it to be fraudulent.

Common reasons for UK Spouse Visas being refused

• If you provide too much evidence to prove your relationship is genuine and subsisting (which can sometimes be seen as manipulative)
• Providing too little information to prove your relationship is genuine and subsisting
• Providing false/fraudulent information
• Not providing a housing report
• Not providing evidence that you meet the UK Spouse Visa financial requirement
• Not providing evidence that you meet the English requirements for this category

If you have a UK Partner Visa refused by the UKVI you may be able to appeal the decision. This applies if you have grounds for appeal. If you do not have grounds for appeal you will need to make a fresh application.

You can lodge an appeal if you feel a decision was genuinely unfair, or if your Spouse Visa was denied because your caseworker made a mistake on your application.

You can make an appeal either on paper or in person (a caseworker can represent you). In both of these scenarios, a judge will review your case for an appeal and decide whether or not the decision should be sustained or overturned. If you opt to lodge an appeal in person your case will be reviewed at a Tribunal hearing.

You won’t have grounds for an appeal if you submitted an application you weren’t eligible for or that you made a mistake on yourself (without legal representation).

Most immigration lawyers will recommend that you make a fresh application unless there are clear grounds for refusal, as this is usually the more straightforward and reliable option.

You can apply to extend a UK Spouse / Marriage Visa once yours has expired.

This will let you stay in the UK for a further 2.5 years.

Spouse Visa extension requirements

• Apply for an extension within 28 days of your current visa’s expiry
• Show that you have continued to live with your partner and that your relationship is still genuine
• Show that you still live in accommodation with your partner and any child dependents and that this accommodation meets the UK living requirements.
• Show that you and your partner still meet the income requirements

Although renewals are often more straightforward than your initial application, you should ensure the process is not rushed. If you fail to submit the right evidence, or a mistake is made on your form, you will not be eligible for a refund.

Our lawyers can assist you with your Spouse Visa extension application, simply get in touch on 0161 826 9783 to find out more, or complete the online enquiry form.

Once you have held your spouse visa for 5 years, you can qualify for a form of settled status, called Indefinite Leave to Remain (ILR).

ILR status means you will no longer be bound by the terms of your visa. You will be able to work, study, and travel in and out of the UK without being restricted, although there are absence restrictions.

You can apply for Indefinite Leave to Remain as the spouse of a British citizen/settled person if you meet the following eligibility requirements:

• You have lived in the UK for a continuous five-year period while holding and abiding by the terms of your Spouse Visa
• You have not been absent from the UK for more than 180 days in the final 12 months of your time in the UK
• You have taken and passed the Life in the UK test
• You meet the English requirements for ILR

If you are successfully granted a UK Spouse Visa then you will be able to live, work and study in the UK.

However, current UK immigration rules mean that you will not have a right to access public funds or benefits.

Whilst you are in the UK, you must follow the immigration rules, if you don’t do this then any future visa applications could be jeopardised. This means that you should not remain in the UK when your Spouse Visa has expired and if you split up with your partner then you also must inform the Home Office and apply for a new visa.