UK Spouse Visa: What you need to know

Joining the one you love has never been easier with the UK's family immigration scheme. Eligible foreign nationals now have a straight-forward path to live and grow in harmony alongside their British citizen or settled partner - all thanks to the UK Spouse Visa.

What is the UK Spouse Visa?

Joining your partner in the UK is now possible with a Spouse Visa, which enables eligible foreign nationals to be united and live together. Whether married, unmarried or civil partners - you can apply for this visa if your significant other holds British citizenship/settlement status such as EU Settled Status or Indefinite Leave to Remain.

If you meet the criteria, your partner and spouse visa will set you on a path to settling in the UK. Initially granted for up to two years nine months, this visa can be extended then followed by securing indefinite leave to remain (ILR) that grants permanent residency without restrictions from immigration control. With ILR comes an opportunity of applying for British citizenship through marriage if eligible.

Foreign nationals now have access to the UK partner and spouse visa for a significant other based in this country if they:

• Are a British or Irish citizen (either by birth or naturalisation)

• Have settled in the UK and has Indefinite Leave to Remain (ILR), permanent residence, or EU Settled Status

• Have refugee status or humanitarian protection in the UK

• Have a Turkish Businessperson visa or Turkish Worker visa.

If you intend to make the UK your new home, it's essential that you're able to demonstrate a genuine and meaningful connection with one another. To do this, we need evidence of an ongoing and established relationship between both parties.

The Spouse Visa requirements:

• You are in a genuine and eligible relationship

• You have the ability to financially support yourselves: a minimum gross annual income of £18,600

• You have suitable accommodation in the UK

• You meet the English language requirement: at least level A1 for your first visa application.

Genuine relationship requirement

You will need to show you are in an eligible relationship as follows:

• You are in a civil partnership or marriage that is legally recognised in the UK, or;

• Have been living together in a relationship for at least 2 years, or;

• Plan to get married or enter into a civil partnership in the UK within 6 months of arriving in the UK.

Are you worried about convincing the UKVI that your relationship is legitimate? Our team of experienced immigration solicitors are here to help. Get in touch with us, and we can use our expertise to confirm if you meet all the legal requirements for a genuine partnership.

Financial requirements for Spouse Visa

To obtain a spouse visa, applicants must demonstrate they and their UK-based partner possess the necessary financial means to provide for themselves as well any dependent children.

Specifically, an annual gross income of £18,600 is required with further increments totalling £3,800 per child thereafter; meaning two dependent youngsters require a minimum combined salary of at least £24,800 or if three are present - necessity dictates that figure be set at no less than (£27,200) annually.

Only the sources of income listed below will be considered:

• Income from employment or self-employment

• Pension of the applicant and/or partner

• Maternity allowances or bereavement benefits received by the partner in the UK

• Any other income and/or savings specified by the applicant and/or partner.

Financial requirements may be waived if a sponsor is earning an income from one of the following sources - these exemptions provide invaluable support to those in need:

• Disability living allowance

• Severe disablement allowance

• Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme

• Mobility Supplement, Constant Attendance Allowance, or War Disablement Pension under the War Pensions Scheme

• Police Injury Pension

• Industrial injury disablement benefit

• Attendance allowance

• Carers’ allowance

Exemption from the £18,600 threshold for sponsor's annual earnings has been introduced. Therefore, those sponsoring a partner may still need to demonstrate that they have sufficient funds in order to cover their own needs and secure accommodation without relying on public funds. Our team of experienced immigration solicitors are available should you require further advice or assistance with this matter.

For partners and spouses of UK residents, demonstrating an understanding of the English language is a requirement for visa eligibility. There are three distinct ways to achieving this:

• Passing an English language test: To successfully stay in the UK, you'll need to demonstrate progress and improvement with English proficiency. Passing a Common European Framework of Reference (CEFR) test from an approved testing centre is required—the minimum level being A1 for both speaking and writing capabilities. You will then have to pass at least a CEFR Level A2 when seeking any extensions later on.

• Academic qualifications: you will also meet the English language requirements if you have a degree or other academic qualification which was taught in English.

Exemption: you will not need to meet the English language requirements if you are exempt, including if:

• You are over 65 years of age

• You have a physical or mental condition that prevents you from meeting the requirement

• You come from any of the following countries: Antigua and Barbuda, Australia, the Bahamas, Barbados, Belize, Canada, Dominica, Grenada, Guyana, Jamaica, New Zealand, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Trinidad and Tobago, USA

Accommodation requirements

You must show you have suitable accommodation in the UK and that it:

• Is owned or occupied exclusively by the applicant and their family members

• Has sufficient living space

• Meets any public health requirements

UK Spouse Visa checklist

You will need to provide several documents with your visa application, these may include:

• Completed application form and application fee

• Valid passport

• Previous passports

• Evidence of your genuine and subsisting relationship (e.g. shared bills, photographs, correspondence, messages).

• Proof you meet the English language requirements (e.g. CEFR exam certificate).

• Two passport-sized colour photos that are in line with the requirements set by the UK.

• Proof you meet the financial requirements (e.g. bank statements, savings statement, wage slips)

• Details of any previous immigration applications, if any

• Details of any criminal convictions

• Your national insurance number (if you have one)

• Proof of accommodation in the UK

• Biometric information (fingerprints and a digital photograph).

• Tuberculosis test results if from a country where you have to take the test.

Applying for a partner or spouse visa is an important and complex process. To help ensure your application has the best chance of success, it's advisable to consult with immigration solicitors who are experienced in family immigration law.

Our team can provide you with guidance on what evidence needs to be submitted and make sure all documentation complies with UKVI requirements before submission - avoiding any potential refusal or delays due to errors/omissions. If you would like expert advice when applying for a partner/spouse visa then contact our professional legal advisors today on 01933 588 022.