The UK Spouse Visa (also known as the UK Partner Visa) allows a non-UK national to join their spouse or partner in the UK if the spouse or partner is a British citizen or has settled status in the UK. This visa falls under the Family of a Settled Person Visa category and permits the spouse to live, work, and study in the UK. Below is a detailed overview of the eligibility criteria, application process, and essential requirements.
Eligibility Criteria for a UK Spouse Visa
To apply for a UK Spouse Visa, you must meet certain requirements:
Relationship Requirement
The applicant must be legally married to or in a civil partnership with a British citizen or someone with Indefinite Leave to Remain (ILR), settled status, or refugee status in the UK. The marriage or civil partnership must be recognized in the UK, and the couple should demonstrate that they intend to live together permanently.
Financial Requirement
The UK-based partner (sponsor) must meet a minimum income threshold to support the applicant. The minimum income requirement is £18,600 per year. This figure increases if the couple has dependent children. The amount required is an additional £3,800 for the first child and £2,400 for each additional child. The sponsor can meet this income requirement through earnings, savings, or a combination of both.
If the sponsor does not meet the income threshold, they may use savings of at least £62,500 as an alternative. In some cases, self-employment or pensions may also count towards the financial requirement.
Accommodation Requirement
The couple must have adequate accommodation arranged in the UK, which will not be overcrowded or in violation of public health regulations.
Genuine Relationship Test
The Home Office will assess whether the relationship between the applicant and the sponsor is genuine. They will look for evidence such as shared finances, communication records, photographs, and statements of intent. The applicant will need to prove that the relationship is not a “sham” intended solely for immigration purposes.
English Language Requirement
The applicant must demonstrate proficiency in the English language by passing an approved test at level A1 of the Common European Framework of Reference for Languages (CEFR) or higher. This requirement may be waived if the applicant is a national of an English-speaking country (e.g., the USA, Canada) or has a degree taught in English.
Application Process
The process for applying for a UK Spouse Visa involves several steps, starting with gathering the necessary documents and submitting an application online.
Step 1: Complete the Online Application
The first step is to fill out an application form online through the UK government’s official website. The applicant will need to pay the visa fee, which currently stands at £1,538 if applying from outside the UK, and £1,048 if applying from within the UK.
Step 2: Submit Biometric Information
After submitting the application, the applicant will need to attend a biometric appointment to provide fingerprints, a photograph, and other identification details.
Step 3: Gather Supporting Documents
Applicants must submit various documents as part of their application. These include:
- A valid passport
- Proof of the sponsor’s British citizenship or settled status
- Proof of income and/or savings
- Evidence of accommodation in the UK
- A marriage or civil partnership certificate
- Proof of the relationship (photos, messages, etc.)
- English language test results, if applicable
- Tuberculosis test results (if required, based on the country of residence)
Decision Time and Processing
Processing times for a UK Spouse Visa vary depending on where the application is submitted. Applications from outside the UK generally take up to 12 weeks, while in-country applications may take around 8 weeks. Priority services are available for faster decisions but come at an additional cost.
If the application is successful, the applicant will be granted a visa valid for 2 years and 9 months. If applying from within the UK, the visa will be valid for 2 years and 6 months. After this period, the applicant can apply for an extension.
Extension and Settlement
The spouse can apply to extend their visa before it expires. The extension, known as Further Leave to Remain, is valid for an additional 2 years and 6 months. After living in the UK for a total of 5 years on a spouse visa, the applicant may be eligible to apply for Indefinite Leave to Remain (ILR), which allows permanent residency in the UK.
Refusal and Appeal Process
If the application is refused, the applicant will receive a letter explaining the reasons. In many cases, applicants can reapply, providing more evidence, or they can challenge the decision through an appeal process. It is recommended to seek legal advice if the application is refused, as appeals can be complex.
Additional Considerations
NHS Surcharge
Applicants must pay an Immigration Health Surcharge (IHS) as part of their application. This gives them access to the National Health Service (NHS) while they are in the UK. The IHS is currently £624 per year for adults.
Working in the UK
A spouse visa allows the applicant to work or study without any restrictions once they are in the UK. This makes it one of the more flexible family visa options available.
Conclusion
A UK Spouse Visa is an essential pathway for married couples and civil partners to live together in the UK. While the process can be lengthy and require substantial documentation, it ultimately allows for a stable, long-term residency option in the UK. Meeting the financial, relationship, and English language requirements is crucial for success, and careful attention to detail can increase the likelihood of a smooth application process.