DO YOU
QUALIFY FOR A
SPOUSE VISA?

    UK Spouse Visa Explained by
    Optimus Law

    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.

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      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:

          • child
          • adult coming to be cared for by a relative

          Academic qualifications

          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

                  If you require a Spouse Visas Extension then please do contact us, we can determine if you qualify using our free assessment.

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