Spouse Visa
Last updated:
18 March 2023
OnlineImmigrant Team
What is a UK spouse visa?
A UK Spouse visa - a family type visa known as a UK partner visa is
permission to stay,
allowing you to live in the UK for up to 33 months.
You can extend it for the next 30 months if you meet specific eligibility requirements.
Holding a partner
visa is the step toward settlement or indefinite leave to
remain (ILR) and, finally, British
citizenship.
To apply and enter the UK, you must be married to or have a civil partnership with:
The most important eligibility criteria:
- Genuine relationship
- Suitability specific financial criteria
This visa type differs from the UK Fiancé (Fiancée) or Marriage Visitor visa, allowing you to enter the UK
only
to enter a marriage or a civil partnership, whether your partner is a UK citizen.
UK Spouse Visa: eligibility
Home Office issue a UK spouse visa for a non-UK resident who is over 18 and is engaged, married
or has a prospective citizen partner over 18 who resides in the UK. Eligibility criteria vary
depending on partner status.
If you hold a spouse visa in the UK, you have the same right to work as any UK citizen.However,
you cannot claim most benefits, including public funds, housing benefits, and tax
credits.
Spouse Visa: general
Apply for a UK spouse visa if you are over 18 year and
- Married or in a recognised civil partnership in the UK to a British
or settled or refugee;
- You have been in a relationship for two years and can prove it;
- Engaged or have a UK fiancée visa and plan to get married within
six months of staying in the UK
Spouse Visa: requirements
Applying for a UK Spouse Visa, you need to take and provide:
- Genuine Relationship Test;
- Meet the minimum income and the financial requirement;
- Knowledge of the English language;
- Proof of suitable accommodation;
- Biometrics;
- Tuberculosis (TB) test, depending on the applicant's country of
residence;
- Other documents required by Immigration Rules;
Genuine Relationship Test
The UK Spouse Visa applicant must prove they are in a genuine relationship with their
British
citizen partner. Provide the following confirmation:
- Joint mortgage or tenancy agreement, either in or outside the UK;
- Birth certificate of children you have together;
- Photographs showing you have spent time together;
- A shared bank account;
- Text messages;
- Social media chats;
- Travel documents proving your mutual visits before you got married;
- Documents confirming your intention to live together in the UK.
Financial requirements
The income of Sponsor, a UK partner, should satisfy the certain requirements
-
Family can afford to live without using public funds;
-
If have no dependent children, a Sponsor must have a minimum pre-tax income
of
£18,600
-
If one dependent child, a Sponsor needs a pre-tax income of
£22,400
-
For each extra child, additional earnings of
£2,400
Exceptional circumstances may exist. It is when not enough money from all listed income
sources
suits the mandatory financial requirements.
In this case, contact an immigration lawyer.
Spouse Visa: documents
Basic list of proper documents for UK spouse visa applications to be successful and avoid
delays:
Non-English documents should be accompanied by translated versions by a professional
translator. All supporting documents must be in the exact format required by the Home Office.
Financial Spouse Visa criteria
To meet the minimum income requirements for a UK spouse visa application, you can use
eligible income:
- Savings;
- Income from employment or self-employment;
- Maternity, paternity, adoption or sickness benefits pension;
- Other income such as rental income or stock;
Use a combination of savings and income to meet the minimum income limit.
However, you must
prove
that you have sufficient financial support
for the entire duration of your visa.
To find out how much you need to save:
- a. from the minimum requirement £18,600 (or more with dependants) subtract
all eligible income
- b. then multiply that number by 2.5
- c. add £16,000
Spouse Visa and benefits
You may not need to meet the financial requirements and criteria if a Sponsor using any
of the following:
- Support for people with disabilities;
- Severe disability benefits;
- Work accident disability pension;
- Attendance fee;
- Nursing care allowance;
- Individual independent payment;
- Armed Forces Independent Benefits or Guaranteed Income Benefits
under
the Armed Forces Compensation Scheme;
- Lifelong Care Allowance, Transfer Allowance, or War Injury and
Sickness
Pension under the War Pension Scheme;
- Police accident pension;
However, applicants must prove that they have sufficient funds to support dependents. It is
called "reasonable maintenance", and the exact amount needed depends on individual
circumstances.
Usually, a family will need at least £120 a week after paying for their accommodation. This
amount increases if they have children.
English Language
Applicants wishing to live in the UK with a British spouse must be able to speak English.
If you pass a test, it should be valid for two years.
Level A1 and A2 (extension). Credentials are only valid if tested by an
accredited Secure English Language Testing (SELT) provider. SELT tests for immigration
purposes
are available only through Trinity College London or the IELTS (International English
Language Testing System) consortium.
An English language test is not required if a person:
- Is a national of English-speaking country;
- Under 18 or over 65;
- With long-term physical or mental conditions;
- Have a degree or educational institution that teaches or conducts research in
English. Your eligibility is only valid when confirmed by UK NARIC.
Proof of Accommodation
The UK Sponsor must demonstrate they can provide adequate accommodation that meets UK
living standards for the applicant and any dependents. As a proof, the following is
required:
- Description of the property where you plan to live with your spouse
- Evidence that there are enough rooms in the facility to accommodate
everyone
- Proof that they can cover accommodation expenses
A property should have enough rooms to accommodate spouse and all dependents
to be eligible. Take into account:
- Each person needs their room;
- Couples can share the same bedroom;
- You can count the living room when you count the bedroom;
- Children under one do not require their space;
- Count children aged 1-9 as half servings;
- Consider children aged ten and over as adults;
- Children of the opposite sex over the age of 10 cannot share a room
Apply for a spouse visa
Note that some conditions and documents must be completed with sufficient
supporting
evidence to increase chances of getting a visa.
- Apply for a spouse visa before travelling to the UK
- Do not book flights or travel until the Home Office
has approved
your
application
- The UK spouse visa application process can be
started online from
outside the UK by completing certain forms.
- If required, visit a visa application centre to
provide biometrics
as
part of the process
- When applying within the UK, you need to prove you
are in the UK on
a
qualifying visa
When the Home Office reviews the application, they can invite an
applicant for a spouse visa interview. During the interview,
an officer will ask questions to ascertain the authenticity of the relationship
and intentions in the UK.
UK Spouse Visa: fees
The Home Office fees
-
If apply outside the UK
£1,523
-
If apply within the UK
£1,033
Consider additional costs, approximately
-
An accredited English language test, a mandatory requirement
for most
applicants
£150
-
Immigration Health Surcharge, per year
£624
-
Certified translation service for non-English or Welsh
documents, per page
£20
-
If eligible, an additional charge for Home Office Priority
Premium Service
if
you want to receive a response from UKVI within five working
days
£500
-
If eligible, an additional charge for Home Office Super
Priority Premium
Service
if you want to receive a response from UKVI by the end
of the next working day after the appointment
£800
The Home Office fees increase if an applicant applies with dependants and increases
for each dependant
Spouse Visa application
If accepted
A visa (permit) to enter the UK within 30 days will be
issued.
A holder can get a Biometric Residence Permit (BRP) within ten
days of arriving
in
the UK.
If a holder does not enter the UK within this period, they can apply
for an additional
30
days entry permit. Additional charges will apply.
If rejected
An applicant may appeal the Home Office's decision. A
qualified immigration
adviser
best
assists this complicated process.
Extension
Options to extend a stay in the UK:
- Extend your UK spouse visa for the next
2.5 years
if the
current residence permit has not expired.
- After UK residence for five
years on a spouse
visa, apply
for
Indefinite Leave to Remain (ILR)
Processing time
Between 2 and 12 weeks is the usual time for UK
spouse visa
application
processing
depending on
the documents provided and the country of the
application.
Appeal Procedure
If you wish to file a spouse visa appeal, you must act
quickly and follow
the steps
An appeal process can be relatively long. Applicants may
wait up to 12 months
or more for
a
decision to appeal a spouse visa denial.
We recommend to consider authorised immigration advice
services from
professionals
- Complain within 28 days of
receiving the refusal
decision if you
are
abroad;
- Complain within 14 days if you are
in the UK;
- Make sure your complaint is
legitimate and likely to be
accepted;
- Prepare a case to apply as
rigorously as possible;
- Gather evidence showing why the
application should be
accepted
- Attend court hearings (if
applicable)
Reasons for visa application refusal are:
- Does not meet economic or language
requirements;
- Unable to prove the marriage is
real and exists;
- Not submitting the correct
supporting documents;
- Incomplete or inaccurate
application;
- The best way to avoid the spouse
visa appeal process
is to ensure your initial application is as accurate
as possible.