Spouse Visa UK
A Partner Visa UK, or a UK Marriage Visa, is a settlement visa that permits you to live together with your British partner in the UK for upto 30 months, which can be extended for another 30 months if certain eligibility conditions are met.
For Indefinite Leave to Remain (ILR) and in due course British Citizenship, possessing a Partner Visa is the first step.
You must be married to, or in a civil partnership with a British citizen, UK settled person or UK refugee, to apply for a Marriage Visa for the UK. The proof of having a genuine relationship and meeting specific financial conditions are the main eligibility criteria.
We have our immigration lawyers to provide you with professional advice on your Marriage Visa case to help you live with your partner who is in the UK.
Page Contents
- What is a Spouse Visa
- Who can apply
- What are the requirements
- What is the genuine relationship test
- How to renew or extend a Spouse Visa
- How long does the process take
- What are the financial requirements
- How much does a UK Spouse Visa cost
- What are the Spouse Visa required documents
- What is the Spouse Visa Language test
- What are the accommodation requirements
- Frequently asked questions
- How can I get help from Rubens Immigration
What is Spouse Visa UK?
A UK Spouse Visa also known as the UK partner visa is a type of settlement visa for non-UK residents of age 18 or above who are engaged, married to or has a proposed civil partner who is aged over 18 living in the UK. Based on your partner’s situation the qualifying criteria differs.
If you are coming to the UK to be with your partner or spouse from outside the European Economic Area, you need to apply for a UK Spouse Visa. You have the right to work like all British citizens once you hold a Spouse Visa, although most benefits such as tax credits, housing allowance or public funds cannot be claimed.
Who can apply for a Spouse Visa?
You are eligible to apply for a Spouse Visa, if you are:
- 18 years or above age
- Married to a British citizen or UK settled person
- Married or in a civil partnership recognised by the UK
- Living together in a relationship for the past 2 years which can be proved
- Engaged, or hold a Fiance Visa UK and will get married within 6 months of being in the UK
On behalf of their spouse the British citizens can send the leave to remain forms, if they are eligible. As the applicant’s details you must list their name and information.
What are the requirements for a Spouse Visa?
For a UK Spouse Visa, before the submission of your application, you and your partner need to:
- Hold all the required documents
- Pass the ‘Genuine Relationship Test’
- Have a good knowledge of English language
- Be financial stable with minimum income threshold
- Have suitable accommodation for you, your spouse and any other dependants
- Intend to live together in the UK
- Get your biometrics taken to get leave to remain
- Pass a medical test to show your do not have Tuberculosis, depending on the applicant’s country of residence
What is the ‘Genuine Relationship Test’ ?
To prevent fraudulence, the UK Spouse Visa applicant is required to prove the genuinity of their relationship. There are various evidences which you can send to the Home Office in your support, such as:
- Travel documents or photographs to prove that you have met with your partner before you got married
- Birth certificate or DNA tests as evidence to having children together
- Marriage certificate with other proofs to prove that your legally married
- Photographs, videos to show how frequently you meet and spend time together
- A shared bank account or savings or things that you pay for together
- A joint mortgage or tenancy agreement within or outside the UK
- Text messages or social media chat logs
Get in touch with our expert immigration lawyers to learn how to apply for a Spouse Visa.
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Can I renew or extend a UK Spouse Visa ?
You can stay in the UK for 2 years and 9 months on a UK Spouse Visa, which can be renewed and extended for another 2 years and 6 months if your current leave to remain has not expired.
You can apply for settled status (ILR), once you have lived in the UK for 5 years. To apply for a UK Spouse Visa renewal, you can reach for our lawyers.
How long does the Partner Visa process take ?
In average, it takes about 2 – 12 weeks for a Spouse Visa case to be processed from the date of the application submission.
The processing time varies depending on the country from where the application is made and the documents provided.
What are the Spouse Visa financial requirements ?
In the Spouse Visa, the sponsor is the UK national or residence of the relationship and they need to meet the determined financial criteria.
There should be evidence that you and your partner meet the financial requirements, having enough money to support yourselves without claiming public funds. In the case of having no dependent need children the sponsor needs an income of minimum £18,600 before tax.
You will need an income of £22,400 before tax in the case of having one dependent child. The UK spouse needs an extra £2,400 for each child after your first child, to meet the financial requirements.
What if I don not meet the financial requirement ?
You can get in touch with our specialist immigration lawyers, if you don not have enough money to meet the mandatory Spouse Visa financial requirements, or have any doubts regarding your income for exceptional cases may apply as well.
What are the Spouse Visa required documents ?
Having the correct documents to support your UK Spouse Visa maximises your success along with preventing delays and problems. Thus, it is highly important to make sure that your documents are proper.
The documents to be sent to the Home Office for the Spouse Visa are as follows:
- Your original marriage or civil partnership certificate
- Evidence of having a genuine relationship.
- Evidence that you and your partner have been living together for at least the past two years
- Evidence that your partner is a British citizen or UK settled person
- Evidence of having a well accommodation
- Evidence of having met the minimum income threshold and the financial requirement
- A valid passport to get leave to remain in the UK
- A valid certificate to demonstrate your knowledge in English Language
All the documents should be in English therefore should accordingly be translated from a professional translator. The evidence should be in the exact format as stated by the Home Office.
What sources of income can be included towards the Spouse Visa financial criteria ?
The income sources that can be included to meet the financial requirement for your UK Partner Visa are:
- Cash savings above £16,000
- Earnings from employment in the UK
- Earnings from self-employment or as a director of a limited company in the UK
- Pensions’ Money
- Maternity, paternity, adoption or sick pay
- Non-work incomes generated like rents or shares
Your partner can contribute to the total income amount with their savings, if they are applying from outside the UK, but not their earnings. Your partner’s earnings can be counted in the total amount, only if they are working in the UK.
To meet the income threshold you can combine your savings and earnings. Nevertheless, proof of having enough financial support for the entire length of the permit is required.
You can first subtract any other eligible income from your minimum requirement, then multiply it by 2.5 and add 16,000 to see how much you will need in savings.
Can I use income from benefits for my case ?
There are some benefits which if you possess, you will not need to meet the mandatory eligibility criteria, such as:
- Disability Living Allowance
- Carer’s Allowance
- Severe Disablement Allowance
- Industrial Injuries Disablement Benefit
- Attendance Allowance
- Police Injury Pension
- Personal Independence Payment
- Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme
- Constant Attendance Allowance
- Mobility Supplement or War Disablement Pension under the War Pensions Scheme
Regardless of having such benefits, you are still required to prove that you have enough money to support your dependents. This is known as ‘adequate maintenance’ which depends upon the individual’s circumstances.
After you have paid for housing, you will need at least £120 per week. In the case of having children, the amount increases accordingly.
How much does a UK Spouse Visa application cost ?
The Home Office charges a fee of £1,033 for a UK Spouse application from within the UK. The cost is increased to £11,523 if you are submitting your application from abroad. If you are applying with dependents, the charge will increase for each dependent.
You cannot apply for a fiance permit from inside the UK. If you are not trying to enter the country as a visitor or have been given leave to stay in the UK for more than 6 months, then only you can apply from inside the UK.
The additional costs related to your UK Partner Visa application when sending your forms, includes:
- A certified English test, which is an obligatory requirement for most of the applicants
- Professional translation services for your documents that are not in English or Welsh
- Supplementary fees for the Home Office’s Priority Premium Service, if you want to hear an answer from the UKVI within five working days
What is the Spouse Visa English Language Test ?
The applicants of the Spouse Visa are needed to demonstrate their understanding of the English language.
You need to pass an English Language Test which includes speaking and listening, taken through a certified Secure English Language Testing (SELT) Provider. This will validate your right to remain in the UK with your UK spouse for the next two years.
At present, the Trinity College London or the IELTS (International English Language Testing System) Consortium are only available for the SELT tests.
If you fall into the following criteria, you need not take an English Language test:
- You are a national of a country where English is one of the major language
- You are a child and age under 18
- You are over 65 years of age
- You have a physical or mental condition preventing you from meeting the requirement
- You hold a degree from an educational institute that was taught or researched in English
UK NARIC will confirm the validation of your qualification.
What are the UK Spouse Visa accommodation requirements ?
You are needed to present a proof of accommodation that meets the UK living standards in your UK Spouse Visa application.
Your UK partner, who is your sponsor is required to prove that he or she can provide a fair accommodation for themselves, the applicant and any other dependents that are planning to live in the UK.
The Home Office as proof will ask you the following:
- Illustration of the property where you are to live with your partner
- Proof that the property has adequate rooms to accommodate everyone
- Evidence that you can fulfill your family’s accommodation requirements
How can I qualify for the Spouse Visa accommodation requirements ?
Your property that you intend to live in should have enough rooms to accommodate your partner and any other dependents to qualify. An individual room is needed for each person, with conditions such as:
- Couples can share the same bedroom
- Living rooms can also be counted as bedrooms
- Children under 1 year of age do not need their own room, thus can live in the same room as the couple
- Children of age 1 to 9 years are counted as half a person, thus two children under 10 years can share one room
- Children of age 10 years or over are counted as an adult and so need individual rooms
- Children of age 10 years or over of the opposite sex cannot share a room
What happens if my UK Spouse Visa application is accepted ?
If your UK Spouse Visa application is accepted, you will be permitted a leave to remain which allows you to enter the UK within a 30 day period. A 10 day period will be there, upon your arrival in the UK within which you are required to collect a Biometric Residence Permit (BRP).
You can submit an application for another 30 day entry permit, if you are unable to enter the UK within this time period. An additional fee will be charged for such cases.
What happens if my Spouse Visa application is rejected ?
You can appeal against the Home Office’s verdict, if your application is rejected. This will be a tedious and demanding process for which the aid of a professional immigration advisor is highly recommended.
If you are stressed by your Spouse Visa appeal application, you can reach out for our immigration specialists. Rubens Immigration can assist you with all aspects of your case.