A Spouse Visa UK is a settlement visa that enables you to live with your British partner for up to 30 months in the UK, thereafter you will need to extend the visa for a further 30 months. If you’re looking to settle in the UK, you should seek a UK Spouse Visa to initiate the immigration process and it is highly recommended to get advice from an experienced UK immigration lawyer.
The basic rules around a Partner Visa are that you must be in a genuine and subsiding relationship with a British National or a person with ‘settled status’. We will take a detailed look into who can apply for a UK Spouse Visa and the documents that are required to make a successful application within this blog post.
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Who Can Apply for UK Spouse Visa?
You can apply for a UK Spouse Visa if you are married to a UK National who meets the requirements set out in this article below.
If you are in a ‘durable’ relationship with an EU National who is in the UK you must apply for an EEA Family Permit.
If you are in an extensive relationship and would like to live together in the UK without getting married then you must apply for an Unmarried Partner.
Our free assessment service can help determine what visa is best suited for you simply use our contact form and we will call you.
UK Spouse Visa – Prerequisites
In order to apply for a visa for your partner to live in the UK, you need to:
• Be clear if this is the best route of entry and settlement for you.
• Gather all the relevant documents
• Meet the Genuine Relationship test
• Fulfill the requirements for the minimum income threshold
• Prove you meet the correct level of English language proficiency
• Mitigate any weaknesses within your application.
• Cleared of TB and be able to provide a valid certificate.
• Have evidence of appropriate accommodation for you and your spouse
It generally takes between 60 to 90 days for a Partner Visa application to be processed. However, the processing time varies subject to the volume of the cases the Home Office is currently processing. The fees payable will need to be paid at the time of the application submission.
Extension of a Spouse Visa
You can apply for renewal and extend your Spouse Visa for another 2 years and 6 months contingent upon the validity of your present status.
You can apply for ‘Indefinite Leave to Remain’ after you have lived in the UK for at least 5 years.
Spouse Visa – Financial Requirements
The British national partner is referred to as the ‘Sponsor’ and he or she has to fulfill certain requirements to be eligible for the Partner Visa UK. You will have to provide evidence that you and your spouse are financially capable and hold ample finances to survive without public funds.
The sponsor should be earning gross income of at least £18,600 per annum or more. With dependent children, this requirement increases to £22,400 (with one dependent child) or an additional £2,400 for each subsequent child.
To fulfill the minimum income requirement, you can use your savings (up to £16,000), maternity/paternity/adoption/sick pay, and income from employment or pensions. Also, if your partner is applying from any other country, he or she can use their savings to meet the minimum income requirement. If you rely entirely upon savings the minimum you need to provide is £62,000 and this needs to be in your bank account for a minimum of 6 months. If the money has come from a sale of property or inheritance than you do not need to show it has been in your account for 6 months.
If you are claiming a disability allowance you may be exempt from the financial threshold.
In case you don’t have sufficient funds to fulfill the minimum Spouse Visa financial requirements, you should seek advice from a professional lawyer to discuss your case.
Mandatory Documents for Spouse Visa UK
Ensuring you have all the required documents to support your visa is critical to a successful outcome. The slightest discrepancy can lead to a refused application.
Below is a list of documents you must send to the Home Office to get your application processed:
• Your marriage certificate
• An evidence showing you and your spouse have been in a legal relationship for more than 2 years
• Evidence to show your English level proficiency
• Accommodation proof
• Genuine Relationship Test results
• Proof of income
• Evidence that you’ve been married to a British national
On approval of your application, you will be granted a visa to enter the country within a 1-month period. If you receive a negative decision on your application and it is rejected you can appeal the decision. A refused visa can be a devastating and stressful time for both the sponsor and the applicant. We always recommend using a qualified immigration solicitor or lawyer at Optimus Law who has the experience and knowledge that can help you prepare your UK Spouse Visa Application.