Spouse Visa

No, you can apply for a spouse visa if your partner has a British passport or your partner is permanently resident in the UK. If you are in a temporary visa you may apply for a dependent visa but not spouse visa, contact our immigration lawyer to assess your case.

The fiancé(e) visa is a type of visa that allows individuals to come to the United Kingdom to marry or enter into a civil partnership with their British citizen or settled partner. It is designed for those who plan to marry or enter into a civil partnership in the UK and then switch to a spouse visa after the marriage or civil partnership takes place.

The Marriage Visit Visa is a type of visa that allows individuals to enter the United Kingdom for a short period with the specific purpose of getting married or entering into a civil partnership. This visa is designed for individuals who do not intend to settle in the UK but wish to have their marriage or civil partnership ceremony in the country.

To apply for a Spouse visa you and your partner have to meet the requirements set by Immigration Rules- Appendix FM. As part of the application is to submit enough evidence to prove that all the requirements are satisfied.  Here is a summary of the requirements; for more information you need to contact the immigration lawyer.

1. Genuine and Subsisting Relationship: The applicant and partner must demonstrate that their relationship is genuine and legally recognized, typically through marriage or a registered civil partnership.

2. Financial Requirements: The sponsoring partner must meet certain financial requirements to show that they can financially support their spouse (applicant) during their stay in the UK.

3. Accommodation: The couple must have a suitable accommodation available for themselves and any dependents (according to set rules).

4. Language: The applicant needs to pass the minimum English language requirements.

5. Health Checks: Depending on the applicant’s country of residence, the applicant may need to pass the Tuberculosis (TB) test in the dedicated medical centre.

6. The sponsoring partner must satisfy at least one of the following conditions:       

• be a British or Irish citizen 
• have settled in the UK – for example, (have indefinite leave to remain, settled status, or proof of permanent residence)
• be from the EU, Switzerland, Norway, Iceland, or Liechtenstein and possess pre-settled status – having commenced living in the UK before 1 January 2021
• have a Turkish Businessperson Visa or Turkish Worker Visa
• have refugee status or humanitarian protection in the UK. 

To demonstrate the authenticity of your relationship, you may be required to provide the following evidence to the Home Office:

1. A valid marriage certificate or civil partnership certificate.
2. Documentation showing joint mortgage or tenancy agreements, either in the UK or abroad.
3. Proof of children you have together, such as birth certificates.
4. Photographs illustrating regular time spent together.
5. Evidence of a shared bank account or savings.
6. Text messages or social media chat logs documenting your communication.
7. Travel documents indicating visits to each other before marriage.
8. Any additional documents showing your intention to live together in the UK.

Discuss with the Immigration lawyer for further documents that need to be submitted.

English language proficiency may or may not be required for your application.

For the initial application, you must pass an approved English language test at least at level A1 in Speaking and Listening, which is considered a beginner level. When applying for an extension after 2.5 years, you need to demonstrate proficiency in an approved English language test with at least level A2, classified as an elementary level and slightly more advanced than A1. For settlement, you must exhibit English language proficiency at B1 level, an intermediate level.

Please note that the exam has to be taken in one of the approved test providers. 

For a successful UK spouse/partner visa application, it is crucial to provide evidence of sufficient income to support your life in the UK. The combined income of you and your partner should be at least £29,000 per year. There was extra income required in the previous rules, however from April 2024 there is no need of such extra income for children. Demonstrating financial independence is essential, and the couple should be capable of supporting themselves without relying on public funds. Some exceptional cases may be considered, as explained in the next question. Please note that the necessary supporting documents depend on your employment circumstance. You can ask our immigration lawyer to assess your case. 

In certain circumstances, meeting the mentioned financial requirements of a UK Spouse/Partner Visa may not be necessary. For example, if you are receiving any of the following benefits, you can proceed with your application:

• Disability Living Allowance
• Severe Disablement Allowance
• Industrial Injuries Disablement Benefit
• Attendance Allowance
• Carer’s Allowance
• Personal Independence Payment
• Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme
• Constant Attendance Allowance, Mobility Supplement, or War Disablement Pension under the War Pensions Scheme
• Police Injury Pension.

However, you must provide evidence that you have sufficient funds to support your dependents. The specific amount required will vary depending on your individual circumstances. Discuss with our immigration lawyer to assess your individual circumstances.

The accommodation requirement for a UK Spouse visa typically includes the following:

1. Suitable Accommodation: You must demonstrate that you and your sponsoring partner have suitable accommodation available in the UK with essential amenities such as water, electricity, heating, and sanitation facilities. The property should meet the legal standards for housing, taking into account the number of occupants and comply with local housing regulations.

2. Space Requirements: The property should have enough space to accommodate you, your partner, and any dependents, providing adequate living conditions for the entire family.

3. Evidence that you can afford to pay for the accommodation 

4. Ownership or Tenancy: You must provide evidence of ownership or tenancy of the property where you intend to live. 

5. Shared Accommodation: If you plan to live with family or friends, you may need to provide additional documents proving that the property is not overcrowded.

The Home Office fees depends on from where you are submitting your Spouse visa application: 

 In addition to the Home Office fee you may also need to pay for what is called Immigration Healthcare Surcharge:

For each adult (18 or older) it costs: 

• £2,587.5 if you are staying for 2 years and 6 months
• £3,105 if you are staying for 2 years and 9 months 

For each child (under 18), it costs: 

• £1,940 if you are staying for 2 years and 6 months 
• £2,328 if you are staying for 2 years and 9 months  

Note that there are some circumstances where Immigration Health Surcharge can be claimed back such as NHS workers.

The Spouse visa application and supporting documents are submitted online. Additionally, you will need to schedule an appointment at a visa application center to provide your biometric data (photograph and fingerprints) as part of the process.

Once your application and supporting documents are received, the Home Office caseworker reviews them. In cases where there may be doubts about the authenticity of your relationship, a Spouse Visa Interview may be requested. During this interview, you will be asked questions about your relationship to verify the legitimacy of the marriage.

For applicants within the UK, the process differs, requiring evidence of eligibility to switch to a UK spouse visa while residing in the country.

According to the current UK government website (June 2024), if you apply for a spouse visa outside the UK, the decision is typically made within 24 weeks. However, if you apply within the UK using the standard service, you can expect a decision within 8 weeks from your application date (July 2023).

Additionally, the Home Office may offer a super-priority service (at an extra charge) for a rapid decision, typically within two working days after providing biometric information.

If you apply outside the UK, you can opt for the fast-track service, which aims to provide a decision within 30 working days.

Please note that the processing time may vary in cases of complex applications or if any required documents/information are missing. Please check with the immigration lawyer for update.

Upon approval of your UK Spouse/Partner visa application, you will be granted UK Spouse visa vignette for 90 days. You have a 90-day window to enter the UK. Once you arrive in the UK, you must collect a Biometric Residence Permit (BRP). 

Upon receiving acceptance for your Spouse Visa application, you can stay in the UK for 2 years and 9 months if you apply from outside the UK. You can then submit extension ‘Spouse Visa Extension Application’ which may qualify you after to Indefinite Leave to Remain under 5 year route. 

Switching to Spouse visa inside the UK is not possible in some circumstances. Contact our immigration lawyer to assess your case.  

Yes, you can work in the UK if you have a Spouse visa. The Spouse visa allows you to live and work in the UK for the duration of its validity. With a Spouse visa, you are eligible to take up employment or self-employment without the need for an additional work permit or visa. 

If you are granted a UK Spouse Visa from outside the country, you can stay for 2 years and 9 months initially. After this period, you’ll need to submit extension applications every two and a half years.

During your first extension (after 2 years and 9 months), meeting the immigration status, English language, and financial requirements is crucial to retain eligibility for Indefinite Leave to Remain under the 5-year route. Failing to meet these requirements might extend your stay in the UK up to 10 years before applying for Indefinite Leave to Remain.

Once you obtain Indefinite Leave to Remain, you’ll have the opportunity to apply for Naturalisation, to become a British citizen.

Yes, you may combine your income with your cash savings. You can use our below cash savings calculator if your income less than £29,000. For detailed information on the requirements for cash savings and how income can be combined, please contact us.

No, the requirements will be different and your circumstances need to be assessed thoroughly.

You need to apply to Spouse Visa extension within 28 days of the visa expiry date.

eVisa is an online record of your current immigration status. All BRPs will be invalid from 31 of December 2024. Therefore, you need to register for eVisa to be able to travel and come back to the UK. You can contact us to support you with the registration.