You’ve just gotten married to the love of your life from another country, but you both want to stay in the UK together. What can you do? Spouse Visas enable an eligible foreign national to join and live with their spouse in the UK if their new partner is a British citizen or settled person. Marriage alone isn’t enough to be granted British citizenship automatically, as you will need to apply for a spouse visa if you want UK residency.
A spouse visa can be obtained for a maximum of two years and nine months at first. After that, you can stay longer and eventually obtain indefinite leave to remain (ILR), which will let you stay in the UK permanently without having to follow immigration laws. You may be able to seek British citizenship by marriage after receiving ILR. Spouse visa solicitors can give you excellent advice on this.
This guide will run through the requirements and processes of the spouse visa to help you understand how and your partner can stay together in the UK and enjoy a happy life together. Whether you’re newly married or are planning for your future, make sure to continue reading.
Who can apply for a UK spouse visa?
You don’t need to be married to apply for a spouse visa, but it is often thought that it helps people’s case. You can apply for a UK partner and spouse visa as long as your partner is based in the UK:
- Is an Irish or British citizen (birth or naturalisation)
- Has an ILR, permanent residence or EU Settles Status
- Has refugee status
- Has humanitarian protection in the UK
- Has a Turkish Businessperson visa or Turkish Worker visa
After you have moved to the UK, you must have an intention to stay there and you need to provide evidence that your relationship is genuine and not done simply to attempt to get a spouse visa.
UK Spouse Visa Requirements
Genuine Relationship
You need to prove the following to apply for the spouse visa:
- You are in a marriage or civil partnership that is legally recognised in the UK
- Have been in a 2 year relationship and living together
- Plan to get married or enter into a civil partnership within 6 months of arriving in the country.
The most important thing is that UK Visas and Immigration (UKVI) will want to know that you are in a real, ongoing relationship. They are constantly on the lookout for “sham” marriages or relationships, in which applicants pretend to be in a relationship that qualifies them when they are not. Therefore, you need to ensure that everything is done legitimately to avoid any unlawful situations.
Consult your nearest solicitors if you are unclear whether you fit the criteria for a real relationship; they can verify this for you after a couple of minutes of chatting.
Financial Requirement
Both the applicant and their UK-based spouse must earn at least £29,000 per year in gross income in order to be eligible for a spouse visa. However, the additional income requirement will no longer apply if the applicant has children.
You can meet the spouse visa financial requirements purely through cash savings if you have at least £88,500 available (up from the previous threshold of £62,500). This is a lot of money that will go out of your pocket in one swoop, so you need to ensure that you can afford this and still have a good amount left over after paying it.
There are exemptions from having to meet the financial requirements when a sponsor receives one of the following income sources:
- Disability Living Allowance
- Severe disability allowance
- Carers’ Allowance
It is important to note, however, that if a partner qualifies for exemption by the above, the application will still need to establish that they have adequate finances to support themselves in the UK for a sustained period.
English Language
Having a sufficient understanding of the English language is considered to be essential for applying for a spouse visa. You are determined to be qualified for this in three ways:
- Passing an English Language Test: The Common European Framework of Reference for Languages (CEFR) English test is the most common way of proving that you have a good understanding of the English language. This must be at least level A1 in speaking and writing.
- Academic Qualifications: Having a degree or other academic qualification that has been taught in English will allow you to apply for a spouse visa.
- Exemptions: You can also qualify if you are over 65 years of age, have a mental or physical condition or come from a country that has English as their most popular language.
The countries that are exempt from these rules include Antigua and Barbuda, Australia, the Bahamas, Barbados, Belize, Canada, Dominica, Grenada, Guyana, Jamaica, New Zealand, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Trinidad and Tobago and USA.
Accommodation Plans
You must already have planned accommodation in the UK before you can apply for a spouse visa. The property must be owned or occupied exclusively by the applicant and their family members, have sufficient living space and meet any public health requirements.
Both you and your spouse must explicitly state at the time of your original Spouse Visa application that you will live together permanently in the UK as soon as the outcome of your application is known, or as soon as circumstances allow.
Previous Relationship Broken Down Permanently
The Home Office will want to make sure that you or your spouse are not married to anyone else at the time of your application, as this will instantly disqualify you from acquiring a spouse visa. This means that you’ll need to provide evidence that any previous marriage of yours has officially ended. You can evidence this with a decree absolute from a civil court if the divorce was in the UK, or a reasonable equivalent outside of the UK.
If you or your spouse have previously been married and the marriage has not been legally dissolved, you may still be eligible for an Unmarried Partner Visa. You will need to demonstrate that the new relationship is genuine and ongoing, and that the prior relationship has ended permanently.
Conclusion
Your journey towards a life together in the UK has just begun. By understanding the intricacies of the spouse visa process and fulfilling the necessary requirements, you can turn your dreams into reality. Remember, seeking professional guidance from immigration solicitors can significantly streamline your application and increase your chances of success. Embrace the opportunities that await you and build a fulfilling future together.
