The UK Spouse Visa route allows married partners of British citizens and those settled in the UK to live together in the UK. It is also open to partners of refugees and those with humanitarian protection, as well as to certain family members under the EU Settlement Scheme. Making a UK Spouse Visa application can feel daunting, so in this post we answer ten of the most frequently asked questions.
1. Where can I make my UK Spouse Visa application from?
If you already have permission to stay in the UK for more than six months (but not as a visitor), you can usually apply to switch into the spouse visa category from within the UK.
If you hold leave for six months or less (for example, as a visitor), you must leave the UK and apply for entry clearance from overseas.
Applications made outside the UK must normally be submitted from the country where you are living lawfully as a resident.
2. How do I make a UK Spouse Visa application?
Applications in the Spouse Visa category are made using an online application form. The form you need depends on whether you are applying from inside or outside the UK.
Before you apply for a UK Spouse Visa you should check the correct application form for your individual circumstances with an immigration lawyer.
You should prepare your supporting documents while you are preparing your Spouse Visa application form, as the Immigration Rules contain specific requirements for documents. For example, some documents, particularly financial evidence, must be dated before the date you submit your online application form.
The current system allows applicants to upload scans of their Spouse Visa supporting documents online, for the Home Office to review. However, you should check the individual procedure for the country in which you intend to apply at the time when you are applying, as the Home Office changes this system from time to time.
3. What documents are required for a UK Spouse Visa application?
In order to make a successful UK Spouse Visa application you will need to satisfy UK Visas and Immigration that:
- Your partner is British, settled, a refugee, or has humanitarian protection (or certain EU Settlement Scheme status);
- You and your partner are both aged 18 or over;
- You have met in person and are legally married or in a civil partnership;
- Your relationship is genuine and subsisting, and you intend to live together permanently;
- Any previous relationships have broken down permanently;
- You can be adequately maintained in the UK without recourse to public funds;
- There will be adequate accommodation for you and any dependants; and
- You meet the English language requirement.
The documents you need to provide will vary depending on your circumstances. For example, everyone making a spouse application will need documents to prove that they are married and that their relationship is genuine. However, the English language requirement can be met in a number of different ways – you may need a test certificate, a UK degree certificate, or confirmation from Ecctis if your degree was taught in English overseas.
Because the document requirements are highly specific, especially in relation to the financial requirement, applicants should avoid relying on generic checklists and seek tailored advice. Advice from an immigration lawyer will ensure that the documents provided are appropriate for individual circumstances and satisfy the strict requirements of the Immigration Rules.
4. What is the financial requirement for a UK Spouse Visa?
In order to demonstrate that you can be adequately maintained in the UK without recourse to public funds, you will need to satisfy a financial requirement. To meet the Spouse Visa financial requirement, you will need to have income of at least £29,000
The financial requirement can be met in a number of ways, including through employment, self employment, property rental income, pension income, savings etc. In some circumstances it is possible to combine different types of income to meet the requirement. If you want to meet the Spouse Visa financial requirement through savings alone, you will need to have access to £88,500.
The financial requirement is one of the most complex aspects of any UK Spouse Visa application, and professional advice is strongly recommended.
5. Will the UK recognise my overseas marriage?
The Home Office will recognise a marriage or civil partnership which has taken place overseas where:
- The type of marriage or civil partnership is recognised in the country in which it took place
- The marriage or civil partnership was properly conducted to satisfy the requirements of the law of the country in which it took place
- There is nothing in the laws of either person's country of domicile at the time of the marriage or civil partnership which prevents the marriage or civil partnership being recognised
- Any previous marriages or civil partnerships of the couple have broken down permanently
There are some additional requirements regarding age and prohibited degrees of relationship and previous divorces, but broadly if the country in which your marriage took place will recognise you as married then so will the UK.
6. How long will it take for the Home Office to decide my UK Spouse visa application?
Processing times for UK Spouse Visa applications vary depending on the place of application:
- Outside the UK: Standard processing can take up to 12 weeks. Some Visa Application Centres offer priority services (around 30 working days) for an additional fee.
- Inside the UK: Most Spouse applications are decided within 8 weeks, but applicants can pay for a Super Priority Service to receive a decision within 24 hours.
It is important not to make fixed travel or life plans until a decision is received.
7. Can I work in the UK on a Spouse Visa?
Yes. A UK Spouse Visa grants unrestricted permission to work and study.
8. What if my partner changes job after I arrive?
The financial requirement is tested at each stage of the process: initial application, extension, and indefinite leave to remain (ILR). If your sponsor changes jobs after you have been granted leave, this will not affect your current visa. However, you must still be able to meet the requirement at the time of your next application.
9. Can we live with relatives or in shared accommodation?
Yes. The Immigration Rules require that there is adequate accommodation available without overcrowding and without recourse to public funds.
Living with relatives is permitted, provided you have consent to live in the property and it is not overcrowded under the statutory definition. The evidence required will vary depending on the circumstances. You may want to speak to an immigration lawyer for expert advice.
10. When can I apply for settlement and British citizenship?
On the five-year route, you will be granted 30 months' leave, followed by a 30-month extension. After five years, you may apply for Indefinite Leave to Remain.
If you cannot meet all the requirements, you may be placed on the ten-year route, requiring four grants of leave before settlement.
Once you obtain Indefinite Leave to Remain:
- If married to a British citizen, you can apply immediately to naturalise as a British citizen (subject to residence requirements).
- If not married to a British citizen, you must wait 12 months after ILR before applying for naturalisation.
11. Contact Our UK Spouse Visa Application Immigration Lawyers
For expert advice and assistance in relation to your Spouse Visa application, spouse extension / ILR application or spouse appeal, contact our immigration barristers and lawyers in London on 0203 617 9173 or via the enquiry form below.
Bonus FAQ: What if my Spouse Visa application is refused?
Refusals carry a right of appeal, because a spouse application is treated as a human rights claim. Appeals are heard by the First-tier Tribunal (Immigration and Asylum Chamber). Applicants can submit witness evidence and supporting documents, and in some cases give live evidence remotely.
Given the complexity of the rules, specialist advice and representation is strongly recommended if your application is refused.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
