UK Spouse Visa

What is the UK Spouse Visa?

The UK Spouse Visa, also known as a partner visa, allows you to live in the UK with your British husband, wife, or civil partner. A UK Spouse Visa enables married partners of UK citizens or settled persons to join their spouse in the UK. It applies to those married to:

• British or Irish citizens
• Individuals with settled status (Indefinite Leave to Remain)
• Persons with pre-settled status, a Turkish Worker Visa, or humanitarian protection.

This visa enables you to live and work in the UK and can ultimately lead to indefinite leave to remain after a continuous period of 5 years.

What are the requirements for the UK Spouse Visa?

Obtaining a UK Spouse Visa involves meeting specific relationship, financial, accommodation, English language criteria. In some cases a Tuberculosis certificate is required. Let’s break it down:

Relationship requirements for UK Spouse Visa

Immigration status of your UK Spouse

In order to make a successful application for the UK Spouse Visa, your must meet be one of the following: 

• a British citizen in the UK; or
• Present and settled in the UK (i.e. they have have indefinite leave to remain (ILR) in the UK; or 
• Have limited leave to remain as a Turkish Businessperson or
• In the UK with protection status as a refugee or humanitarian protection status in the UK Turkish Worker under Appendix ECAA; or
• Have EU pre-settled status 

According to the Immigration Rules, ‘present and settled’ means that your sponsoring spouse is settled in the UK and, at the time of the application they are physically present in the UK or will be coming to the UK with or to join you, and intends to live together with you in the UK if your application is successful. 

What is the minimum age for the UK Spouse Visa

Both you and your partner must be 18 or over at the date of submission of your UK Spouse Visa application

What types of relationships are prohibited for the UK Spouse Visa

Certain relationships, such as close relatives (e.g., siblings, uncles, and aunts), are not allowed under UK marriage laws. In order to meet there requirements of the UK spouse visa, you relationship with your partner must not be of a prohibited degree. Primarily you and your spouse must not be related 

You must have met your UK spouse in person

You and your spouse must have met each other in person and made acquaintance of one another, not necessarily in the context of marriage or a civil partnership. For instance, if your relationship started over a dating app, followed by video calls, you would not satisfy this requirement if you have not met in person to gain a sense of your appearance and personality. This can’t be a relationship formed purely online. 

Your relationship is genuine and subsisting

You and your spouse must show that the nature and quality of the relationship is genuine. In determining that your relationship is genuine and subsisting, the Home Office will look for evidence such as, a long-term relationship, you and your spouse have been cohabiting and are able to show evidence, you and your spouse have children and share responsibility for them, you and your partner have shared financial responsibilities.  

Your marriage or civil partnership must be valid

Your marriage or civil partnership with your parter must be recognised in the country in which it took place, must comply with the legal requirements in the country where it took place and 

Any previous relationship must have broken down permanently

If you and or your partner have been previously married or in a civil relationship, you must provide evidence that that relationship has ended. Death certificate of a previous partner, a decree absolute of divorce or a dissolution order terminating a civil partnership will be sufficient evidence.

If you are a fiance(e) or proposed civil partner, neither you nor your partner must be married to or in a civil partnership with someone else at the date of your application for UK Spouse Visa. 

You and your UK spouse intend to live together permanently in the UK

You and your partner must intend to live together permanently in the UK immediately following the outcome of your spouse visa application or as soon as circumstances permit after the visa is issue

Financial requirements for UK Spouse visa

One of the main requirements of the UK spouse visa is the ability of your UK spouse to show that they can support your without need of public funds. As a result, your UK spouse (or a combination of incomes if you are both working) must meet a minimum gross annual income of £29,000 (as of April 11, 2024).

Meeting the minimum gross income requirement

You can use various sources of income like salaried employment, self-employment, pensions, savings, or third-party support (with limitations) to meet the requirement.

• Salaried employment – you or your partner’s income from employment 
• Non-employment income – income from property rental, dividends from shares, etc. indefinite leave to remain (ILR) in the UK; or 
• Cash savings – Savings held by the you or your partner above £16,000 for at least six months prior to the application
• Pension – Income from state, occupational, or private pensions
• Self-employment – Income from self-employment or as a director of a specified limited company 

Exceptional circumstances and third-party support – In cases where refusal of the application might breach human rights under Article 8 of the ECHR, other credible and reliable sources of income or financial support may be considered. This includes financial support from third parties, which is generally not counted but can be in exceptional circumstances

Exemption from the minimum income threshold

If your UK spouse is in receipt of one or more of the following UK welfare benefits, then your partner needs to show that they are able to maintain and accommodate you, themselves and any dependants adequately in the UK without recourse to public funds. 

• Disability living allowance or personal independence payment;
• Severe disablement allowance;
• Industrial injury disablement benefit;
• Attendance allowance;
• Carer’s allowance;
• 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; and 
• Police injury pension 

Adequate Maintenance test – In order to pass the adequate maintenance test, you and your partner after income tax, National Insurance contributions and housing costs have been deducted must have income that is greater than what a British family of similar size would receive in income support

Accommodation requirements for UK Spouse Visa

You must have suitable accommodation that is not overcrowded and can accommodate you and your spouse without recourse to public to public funds. The accommodation must also be adequate for other family members who are not included in your application but who live in the same household. 

You and your partner will need to show that your accommodation is owned or occupied exclusively by yourselves. If the property was bought with a mortgage, a copy of the property deeds and mortgage statement will be sufficient. For rented accommodation, a tenancy agreement will be sufficient evidence.

English language requirement for UK spouse visa

You will need to demonstrate basic English language skills (speaking, listening, reading, and writing) at a level equivalent to A1 of the CEFR (Common European Framework of Reference for Languages).

Meeting the English language requirement

You will meet requirement if:

• You are a national of a majority English-speaking country 
• You have an academic qualification recognised as equivalent to a bachelor’s or master’s degree or PhD in the UK, which was taught in English 
• You have passed an English language test in speaking and listening at a minimum of level A1 of CEFR
• You are exempt 

Who is exempt from the English language requirement

You will exempt from the English language requirement if at the date of your application, you are:,

• 65 years or over;
• Have a disability (physical or mental condition) 
• Have other exceptional  compassionate circumstances which prevent you from meeting the requirement such as serious illness or humanitarian disaster 

Tuberculosis test requirement for UK spouse visa

You will need to provide a valid tuberculosis (TB) certificate with your spouse visa application if you have been continuously present in a country or countries listed here for 6 months or more including a period of any length within the 6 month before the date of your application. 

Meeting the tuberculosis requirement

Your TB certificate will be valid only if it:

• Was issued by a medical practitioner approved by the Home Office 
• Confirms that you have been screened for active pulmonary tuberculosis and it is absent
• Was issued within the 6-month period immediately before the date of your application 
• Has not expired 

UK Spouse Visa Application Process & Decision Timeframes

• Application for the UK spouse visa is made online through the UKVI website.You will need to create an account and complete an online application form on the website.
• You will need to submit your application, all supporting documents in the correct format as well as the UK spouse visa application checklist. The spouse visa application checklist is an important part of your application and must be included to make a complete application. 
• Pay the UK spouse visa application fee
• You will need to book appointment to capture your biometric data as a UK Visa Application Centre

If you are applying from outside the UK, It typically takes around 12 weeks to receive a decision on your spouse visa application. Applications from inside the UK are decided within 8 weeks. 

Depending on availability you may opt for the fast tracked priority service and get a decision by the next working day.

UK Spouse Visa Application fees

The application fees for the UK spouse visa is £1,846 (as at July, 2024) when made from outside the UK. From the inside the UK, the application fee is £1,258. You will also need to pay the Immigration Health Surcharge (IHS) of £1,035 per year. 

You may opt for the priority service for an additional £500. You will get a decision in up to 30 days from outside the UK. The next day super priority service fee is £1,000 and is available for applications made from inside and outside the UK.

After your UK Spouse Visa is issued

Following a successful application, you will be issued a UK spouse visa for an initial period of 33 months (2 years and 9 months). You will be able to travel to the UK and will have full rights to live and work in the UK without the need for sponsorship from an employer. 

Extending your UK Spouse visa

You may apply for extend your spouse visa, ie, apply for further leave to remain as a partner for a further 30 months, subject to meeting the requirements for extension. This will enable you to continue to live and work  in the UK with your partner until you reach the eligibility criteria for settlement / indefinite leave to remain. 

Indefinite leave to remain as a spouse

You will be eligible to apply for settlement / indefinite leave to remain after a continuous period of at least 60 moths (five years) as a spouse. This will not include any period spent in the UK as a fiancé or proposed civil partner. 

Ready to start your journey together?

Gateway Immigration Services can help you navigate the UK Spouse Visa application process smoothly and efficiently. Our experienced team will ensure your application meets all the necessary requirements, maximizing your chances of success. Let’s bring your dream of a life together in the UK to reality!

Frequently Asked Questions (FAQs) about the UK Spouse Visa

What is a UK spouse visa?

A visa that allows a non-UK spouse or partner to live with their UK-based partner in the United Kingdom.

Who is eligible to apply for a UK spouse visa?

Individuals married to or in a civil partnership with a UK citizen or settled person, meeting specific financial and relationship requirements.

What are the financial requirements for a UK spouse visa?

The sponsoring partner must meet a minimum income threshold, typically £29,000 gross per year.

How long is a UK spouse visa valid?

It is usually granted for 2.5 years, after which it can be extended.

Can I work on a UK spouse visa?

Yes, holders of a UK spouse visa are generally allowed to work and study in the UK without restrictions.

What documents are required for a UK spouse visa application?

Passport, proof of relationship, financial documents, English language proficiency proof, and accommodation details, among others.

What is the English language requirement for a UK spouse visa?

Applicants must demonstrate at least an A1 level in English through a recognized test or have a degree taught in English.

How do I prove a genuine and subsisting relationship for the UK spouse visa?

Through evidence such as joint bank statements, photographs together, communication records, and affidavits from friends and family.

Can I include my children in my UK spouse visa application?

Yes, dependent children can be included in the application if they meet the eligibility criteria.

How long does the UK spouse visa application process take?

Processing times can vary but typically take around 12 weeks for applications from outside the UK.

What is the cost of applying for a UK spouse visa?

Fees include the visa application fee – £1,846 from outside the UK and £1,258 from inside the UK, healthcare surcharge – £1,035 per applicant, and potentially additional costs for biometrics and document translations.

Do I need to provide biometric information for the UK spouse visa?

Yes, applicants must provide biometric data (fingerprints and a photograph) as part of the application process.

Can I extend my UK spouse visa?

Yes, visas can be extended, usually for another 2.5 years, provided the eligibility criteria continue to be met.

What is the pathway to Indefinite Leave to Remain (ILR) from a UK spouse visa?

After living in the UK for 5 years on a spouse visa and meeting all requirements, applicants may be eligible to apply for ILR.

Can I switch to a UK spouse visa from another visa category while in the UK?

Yes, in some cases, it is possible to switch to a spouse visa from within the UK, provided all requirements are met.

Are there any restrictions on travel with a UK spouse visa?

While the visa holder can travel in and out of the UK, prolonged absences may affect eligibility for extensions or ILR.

What happens if my UK spouse visa application is refused?

Applicants can appeal the decision, request an administrative review, or reapply with additional evidence.

Is there a residency requirement before applying for a UK spouse visa?

There is no specific residency requirement, but the couple must demonstrate that they intend to live together in the UK.

Do I need to take an English test for the UK spouse visa?

Yes, unless you are exempt due to nationality, age, or having a degree taught in English.

Can I study while on a UK spouse visa?

Yes, visa holders are permitted to enroll in educational courses and pursue studies during their stay.