UK Spouse Visa
What Is Spouse Visa?
A spouse visa also known as a marriage visa is a route to enter the UK. If you are married to a British national or a person who is present and settled in the UK on Indefinite Leave to Remain, you can apply for entry clearance as a spouse/in country for leave to remain.
Applying for a UK Spouse Visa will allow you to live and travel to/from the UK, take up employment and set up your own business. This visa is primarily issued for 33 months and has to be extended for an additional 2.5 years before it expires and once you have lived in the UK for 5 years you are eligible for Indefinite Leave to Remain.
At Optimus Law, we have a team of highly experienced UK immigration lawyers who will ensure you receive an excellent, personalised legal service because we recognise that every case is different. We also recognise the similarities of many cases which helps us quickly overcome obstacles that may arise with your application.
Our lawyers have the expertise in applying spouse and partner visas and will help you decide the right visa option and strategy by:
- Making sure all the necessary documentary evidence is submitted.
- Assisting you as you fill out your visa application, guiding you through each section.
- Creating you a strong letter of representation to accompany your application and sponsorship if required.
- Coordinating with the Home Office until a decision is made.
↓ Initial Requirements
- The spouse must be a British citizen in the UK
- Must be present and settled in the UK
- Applicant and sponsor must be at least 18 years old
- Applicant and sponsor must have met each other and be legally married to one another with the intention to live together in the UK
- Applicant and Sponsor must be genuine and hold a subsisting relationship
- Applicant and Sponsor marriage must be valid
- Must have suitable accommodation available for you in the UK
↓ Financial Requirements
The spouse applicant must meet and provide:
- Gross annual income of £18,600.
- £3,800 for a first child (who is not British, settled or an EEA national)
- Specified savings of £16,000 or more
- Pension income of both the partner and applicant
- Any other specified income of the partner and applicant
However, it is important to realise that the requirements are constantly changing and so we will help make sure that you meet all the requirements at the time that you make the application.↓ Financial Requirement Exemptions
The applicant will be exempt from financial requirements of £18,600 or above if the applicant’s partner is receiving the following
- Disability living allowance
- Severe disability allowance
- Carer’s allowance
- Attendance allowance
- Industrial injury disablement benefit
- Bereavement benefits
In the case that the applicant is exempt from the financial requirements, the applicant must provide specified documents that his or her partner is able to maintain and accommodate himself/herself, the applicant and any dependent adequately in the UK without recourse of public funds.
↓ Accommodation Requirements
Applicant must provide adequate accommodation, without recourse to public funds.
↓ English Language Requirement
English language requirement has been satisfied with Level A1 course.
↓ Application Costs
The Home Office currently charges £1,525 for a Spouse Visa UK application and this will increase in the event you are applying with dependents – this does not include legal fees.
↓The Application Process
In most cases, the process takes 12 weeks to be processed or 8 weeks if you apply within the UK or online or via the post.
The process could take longer if:
- You do not meet the financial requirements
- You cannot show your English knowledge
- You have a criminal record
- You have not provided all documentation necessary
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What Our Clients say
Spouse Visa Frequently Asked Questions
How long does it take to get a decision on my spouse application?
Depending on the Nationality of the applicant it can take anything between 6 – 12 weeks
Can I get an expedited decision?
Yes, you are able to pay an additional priority service in which you are likely to get a decision within a month of your submitting your application.
If you are in the UK you can obtain a same day decision it you decide to process your application at a Premium Service Centre in the UK.
Do I need to undertake an English language test?
You will need to undertake an English language test unless you are exempt due to your Nationality, age or qualification https://www.gov.uk/english-language/exemptions
What is the duration of stay for a Spouse Visa?
Your spouse visa will be granted for 2 ½ years and you will then need to renew this visa for a further 2 ½ years.
How do I extend my Spouse Visa?
You will need to make an application to extend your spouse visa prior to the expiry of your spouse visa we can assist you with this process, informing you of the time frames and what arrangements need to be made for the extension of your visa.
How can I obtain Indefinite leave to remain?
After you have completed 5-year as a spouse you can apply for settlement (ILR) in the UK. Alternatively, you may be eligible to apply under the less stringent 10-year route which overlooks the financial and English language requirement, although you will need to show insurmountable obstacles to family life with your spouse or partner continuing overseas.
On the expiry of your extension you will be eligible to apply for ILR, this application must be made prior to your leave expiring. The requirements for this are as follows:
- You will be eligible to apply for Indefinite Leave to Remain after 5 years on the Spouse visa.
- You must still be in a subsisting relationship with the British citizen or settled person.
In order to qualify for indefinite leave to remain, all applicants aged 18-64 must meet the two parts of the Knowledge of Language and Life in the UK requirement by passing both the:
- Life in the UK test
- English Language Test (unless you are a National of an English-speaking country or if you were taught or researched a degree in English)
Optimus Law will prepare the entirety of your application to meet these criteria.
Will it lead to Naturalisation/UK Citizenship?
Once you have obtained your Indefinite Leave to Remain, and you are still married to a British National you can apply for your British Citizenship.
For this application, you will be required to evidence that you have not been absent from the UK for more than 90 days the year preceding this application.
Upon receiving your naturalisation certificate, you will then be eligible to apply for a British passport.
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