Documents to prove a genuine relationship
These documents must be used to meet the “genuine relationship” requirement. For a Spouse visa, you and your partner must show that you have been in a relationship and lived together for at least two years. You can only make an application if your partner in the UK is a:
- British citizen
- Has indefinite leave to remain or is settled in the UK
- Has settled status from the EU Settlement Scheme
If you have pre-settled status, your family member may be able to still apply for a Spouse visa. However, they could apply to the EU Settlement Scheme themselves as a family member instead, if they are eligible. An immigration lawyer can advise your best course of action based on personal circumstances.
This requirement is notoriously hard to achieve. Too little or even too much evidence has each given reason for the Home Office to refuse an application. However, working with an immigration lawyer means you have someone dedicated at your side to get the balance right.
The kind of document you’d need to include to evidence your relationship are:
- Marriage certificate
- Evidence to show any and all other relationships for either partner are null and void – for example if you or your partner have been married before you will need to provide evidence of a divorce
- A tenancy or mortgage agreement to show you have lived together
- Financial information, such as a shared bank account or bills
- Chat logs, text messages, Skype conversations etc to show your communication
- Pictures of you together can also be really helpful to show the history of your relationship
Travel and immigration documents
The Home Office will need to see evidence of your travel arrangements into the UK. This can be to show your ability to support your own travel into and around the country. It is also the department’s job to ascertain how long you intend to stay in the country.
They will also require evidence of your current immigration status, travel history and your criminal background. It’s important not to lie or try to conceal any potential past convictions as this could count against your application. Some documents you might need include:
- Plane and train tickets
- Valid passport
- Any past visa information
- Evidence of any other documents to account for your travel history
Financial requirement documents
To qualify for a Spouse visa, you and your partner must be able to evidence a combined income of at least £18,600. If you are bringing children with you who are not British citizens, you will need to provide an extra £3,800 for your first child and £2,400 for each child after that.
To qualify for the minimum income requirement, you can use:
- Income from employment and self-employment
- Cash savings over £16,000
- Income from dividends or property
Documents you’d need to provide include:
- At least six months worth of payslips showing the regular income
- Bank statements
- A supporting letter from an employer to confirm your position there
The Home Office official will be looking for evidence that you and your partner can adequately support yourselves in the UK, without getting any support from the government. The Spouse visa, as with most visa categories has a “no recourse to public funds” condition, meaning you cannot access any mainstream benefits.
Evidence of English language requirement
For this, you will need to be able to prove you have English language skills of at least an A1 level. If you want to extend your visa after two and a half years in the UK, you will need to be at A2 level.
You can prove your knowledge of English by passing an English language test or by acedmic qualifications.
The documents you may need to do so are:
- Your Secure English Language test certificate (SELT)
- A degree certificate from a university or college that you studied at in the UK
- A “visa and nationality statement” from an organisation called Ecctis, which will confirm your qualifications are the same as a degree awarded in the UK as long as it was taught in English
If you did not study in English, you will need to take an English language test regardless.
Documents from your UK spouse or partner
Your partner or spouse will also need provide a letter to be entered along with your application to give support to your visa application and why the Home Office should grant you entry.
Your partner or spouse in the UK will also need to provide documents to verify their own personal details including:
- Personal details
- Proof of their right to be in the UK, for example their British citizenship or ILR status
What if I don’t have evidence I can meet a specific requirement?
Due to the pandemic, many services and visa centres have been closed in your country and in the UK for most of a year, and are now dealing with backlogs and delays. In some cases, for the financial requirement and for most of the other eligibility requirements you need to meet, the Home Office will be able to decide your application without certain documents if you have been unable to acquire them. You will need to explain this with your application.
Furthermore, if you have lost income or your job due to the coronavirus pandemic, up to 31 may 2021, the Home Office will look at your previous income beforehand, as long as it meets the minimum income requirement for at least six months. If you have been furloughed, they will act as if you are earning your full salary.
How can Manchester Immigration Lawyers help you?
With so many varied requirements, it is imperative that you contact an immigration law firm that can act on your behalf in accordance with your individual needs.
Our Manchester immigration lawyers are here to discuss your circumstances over the phone or via our online form.
Call us today on 0161 532 7993.
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