UK Spouse Visa Explained by
A UK Spouse Visa is for 'husband' or 'wife' from a country outside of the EEA as a route to enter and join their spouse in the UK. It is issued for 33 months and has to be extended for an additional 24 months before you are eligible for Indefinite Leave to Remain.
You must be over 18 and married to a British national or a settled person (has Indefinite Leave to Remain). Your spouse must be employed or be able to show you meet the financial requirements set out by the Home Office.
If you are unsure of whether you meet the requirements or would like to consider another UK Visa contact our friendly team on 020 3598 0099.
Sponsor: Relying on dividends and salary as director of a Limited Company
AJAY & KIRAN
Ajay was a director of a recently founded limited company and received a basic salary plus dividends. He wanted his wife to join him in the UK from India but was unsure if he met the financial requirements set out by the Home Office. He contacted Optimus Law and we undertook a free assessment for them both. By combining his income and his dividends our lawyers ensured that he met the requirements and provided the correct evidence to the Home Office. His wife Kiran received the 2.5 year visa exactly 4 months after contacting us.
Sponsor: Zero hours contract trying to meet £18.600
MATT & TATIANE
Matt was working a zero hours contract in Asda for over 12 months. He worked different hours each week and his income varied from month to month. He was currently engaged and was booking his wedding date to marry Tatiane in Thailand. Prior to his wedding he contacted our assessment team at Optimus Law and slightly confused about whether Tatiane was eligible for a UK Spouse Visa. We assuredly assessed his full circumstances, looking at his financial documents to calculate his income for the last 12 month. He was delighted to know that he did meet the financial threshold and we successfully applied for the Spouse Visa.
Sponsor: Relying on cash savings
DAVID & JULIE
David was a retired farmer who had recently bought and sold several properties in the UK. He had several large transactions enter and leave his bank account. Julie, his wife, was eager to come to the UK from Australia but David was stuck. He did not know anything about the income or savings threshold required for this visa application. Luckily, he contacted Optimus Law and we offered to help him with our comprehensive application package. With our immigration expertise and first-class legal representation we ensured his savings was correctly calculated and evidenced to meet the threshold required by the Home Office.
Sponsor: Claiming disability allowance
SUSIE & MOHAMMED
Susie was a homeowner in London who suffered from several disabilities resulting in her receiving Personal Independence Allowance as her primary source of income. She contacted us regarding her wish to bring her husband to the UK. She was unsure of whether it was possible for her husband to qualify for this visa as she was currently unemployed. Once instructed, we formulated her partners visa application including all of her documents and supporting evidence. Susie was ecstatic when her husband received the communication of a 2.5 year visa granted.
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What Do You Need Help With?
You and your partner must have a income of at least £18,600 a year if:
you’re applying as a partner
you want to settle in the UK (get ‘indefinite leave to remain’) within 5 years
You must prove you have extra money if you have children who are not:
- British citizens
- EEA nationals permanently settled
You’ll need to earn an extra:
- £3,800 for your first child
- £2,400 for each child you have after your first child This is the called the ‘minimum income requirement’.
If you receive a Disability Allowance contact us for a closer assessment on your circumstances.
Your chosen property needs to accommodate yourself and your partner along with any dependents. Each person needs an individual room, however as a couple you can share the same bedroom. However children over the age of 10 cannot share a room if they ar eof the opposite sex. A property inspection report is also required.
You may need to prove your knowledge of the English language when you apply. You can prove it with an academic qualification, or by taking a test.
You do not need to prove it if you’re applying as a:
- adult coming to be cared for by a relative
You can prove your knowledge of English if both:
- you have a degree or academic qualification that was taught or researched in English
- your qualification is recognised by UK NARIC as being equivalent to a UK bachelor’s degree or higher
You’ll need to send a certificate from UK NARIC confirming this when you apply.
Take an approved English language test
You can prove your knowledge of English by passing an approved English test with at least a CEFR level A1 in speaking and listening.
If you want to settle permanently in the UK within 5 years
If you took the CEFR A1 when you first applied for your visa, you’ll need to take a CEFR A2 test when you apply to stay after 2.5 years.
If you did not need to do the CEFR A1 when you first applied for your visa but you need to do it now, you’ll need to pass it when you apply to stay after 2.5 years.
You can switch from the following visa to a Spouse Visa:
- Tier 2 Work Visa
- Fiancé Visa
- Tier 4 Student Visa
- Tier 5 Visa
- Tier 1 Visa
If you are switching from another visa to a Spouse Visa it is important that you are permitted to do this. We strongly recommend you to contact us to be able to advise you further on this.
You’ll need to have information and some evidence ready when you make your application. Include information for you and any dependants applying at the same time.
You’ll need to:
- give all your names give your date of birth
- send your current passport or other valid travel ID send your previous passports
- send your biometric residence permit, if you have one
- send 2 passport-sized colour photos
- give details of any previous immigration applications you’ve made give details of any criminal convictions
- give your national insurance number, if you have one
- give your parents’ date of birth and nationality if you’re applying from outside the UK
- your tuberculosis test results if you’re from a country where you have to take the test
- provide a translation of any document that is not in English or Welsh
You’ll need to have a blank page in your passport on which to put the visa if you’re applying outside the UK.
You’ll also need to give proof of:
- your finances
- how well you speak and understand English
You may need to provide additional documents depending on your circumstances – for example a sponsorship form from your family member in the UK.
You can add children to your application as dependants if they are under 18, or were under 18 when you first applied and do not live an independent life.
You’ll need to give details of your children (and your partner’s children if you have one). You’ll be asked about all children, even if they’re not applying.
You’ll need to give details of:
- their name their nationality
- their date of birth their passport details
- who the child normally lives with
- any other people with parental responsibility for your child, for example your step children’s other parents how you’re involved in their day to day life
- arrangements you have to see the child – for example the courts have granted you access the child’s extended family
- any countries your child has visited or lived in