Spouse Visa UK | Everything You Need to Know

The UK Spouse Visa is essential for couples wishing to build a life together in the United Kingdom. Understanding its requirements, processing times, and the importance of expert legal advice can significantly improve your chances of a successful application.

This article explains everything you need to know about the UK Spouse Visa, including who can apply, detailed eligibility criteria and the application process. It covers the necessary financial, relationship, and accommodation requirements, processing times and fees. You’ll also learn how to handle refusals and appeals, extend your visa, and eventually apply for settlement and British citizenship.

What is a UK Spouse Visa?

Overview of the UK Spouse Visa

The UK Spouse Visa, officially known as the Family of a Settled Person Visa, permits foreign spouses or civil partners of British citizens or individuals with settled status to live, work, and study in the UK. This visa is a family visa designed to keep families united and provides a clear pathway to long-term residency and, eventually, British citizenship.

By obtaining a Spouse Visa, applicants can:

Live in the UK: Reside legally with their partner without immigration restrictions.
Work and Study: Engage in employment or educational opportunities without limitations.
Access Healthcare: Utilise the National Health Service (NHS) upon payment of the Immigration Health Surcharge.

Who Can Apply for a Spouse Visa in the UK?

Eligibility Criteria:

To apply for a UK Spouse Visa, applicants must meet the following conditions:

Relationship Requirements: Be legally married to or in a civil partnership with a British citizen or someone with settled status in the UK.
Age Requirements: The applicant and their partner must be 18 or older.
Intention to Live Together: Must intend to live together permanently in the UK.
Financial Requirements: Meet the minimum income threshold to support themselves without recourse to public funds.
English Language Proficiency: Demonstrate knowledge of the English language.

Who Qualifies for a Spouse Visa :

British Citizens: If your partner is a British national residing in the UK.
Settled Persons: Partners of individuals holding Indefinite Leave to Remain (ILR) or permanent residence.
Refugees or Humanitarian Protection Holders: Those whose partners have refugee status or humanitarian protection in the UK.

Difference Between a Spouse Visa and Other UK Family Visas

While the Spouse Visa is for married or civil partners, other family visas cater to different relationships:

Unmarried Partner Visa: This visa is for partners who have lived together in a relationship akin to marriage for at least two years.
Fiancé(e) Visa: Allows entry to the UK to marry within six months but does not permit work.
Parent Visa: This is for parents of a child who is a British citizen or has settled status.

Key Differences:

Eligibility: Spouse Visa requires legal marriage or civil partnership.
Benefits: Spouse Visa holders can work without restrictions, unlike other family visas.
Path to Settlement: A Spouse Visa provides a clear route to ILR and citizenship.

UK Spouse Visa Requirements

Meeting all the specified requirements is crucial for a successful Spouse Visa application. Failure to comply can result in refusals or significant delays.

Relationship Requirements

Proof of a Genuine Relationship

Applicants must demonstrate that their relationship is genuine and subsisting. The UK Visas and Immigration (UKVI) department scrutinises applications to prevent sham marriages.

Evidence May Include:

Marriage Certificate: Legal document proving the marriage or civil partnership.
Communication Records: Emails, chat logs, and phone records showing regular contact.
Photographs Together: Images from different occasions and times.
Joint Financial Commitments: Shared bank accounts, loans, or investments.
Correspondence: Letters addressed to both partners at the same address.
Affidavits: Statements from friends and family attesting to the relationship.

Marriages and Civil Partnerships

Legal Recognition: The marriage or civil partnership must be legally recognised in the UK.
Meeting in Person: Partners must have met at least once before applying.
Not in a Prohibited Degree of Relationship: Partners cannot be closely related under UK law.

Financial Requirements

Minimum Income Threshold

Applicants must prove that they can support themselves financially without accessing public funds.

Base Amount: £18,600 per year for the sponsoring partner.
Additional Amounts:
- First Child: An extra £3,800.
- Each Subsequent Child: An additional £2,400 per child.

Examples:

With One Child: £18,600 + £3,800 = £22,400.
With Two Children: £18,600 + £3,800 + £2,400 = £24,800.

Accepted Sources of Income

Income can come from various sources, including:

Employment Earnings: Salary from employment or self-employment.
Non-Employment Income: Rental income, dividends, or interest from savings.
Pension Income: Regular payments from a pension scheme.
Maternity, Paternity, Adoption Pay: Statutory payments received.
Savings: Cash savings above £16,000, held for at least six months.

Combining Income Sources:

Applicants can combine different income types to meet the threshold, such as employment income and savings.

Financial Evidence You Need to Provide

Payslips: Last six months (or 12 months for self-employed applicants).
Bank Statements: Corresponding to the payslips showing salary deposits.
Employment Letter: Confirmation from the employer detailing job role, salary, and employment duration.
Tax Returns: For self-employed individuals (SA302 forms).
Savings Evidence: Bank statements showing the required amount held over six months.
Rental Agreements: If income includes rental earnings.

English Language Requirements

Approved English Tests

Applicants must prove English proficiency at A1 level (CEFR) for initial applications and A2 level for extensions.

Accepted Tests Include:

IELTS for UKVI: International English Language Testing System.
Trinity College London: Graded Examinations in Spoken English (GESE).
Pearson PTE Academic UKVI: Pearson Test of English.

Test Criteria:

Must be taken at an approved test centre.
Test results are valid for two years.

Exemptions from the English Language Requirement

Applicants are exempt if they:

Are Nationals of Majority English-speaking countries: Such as the USA, Canada, and Australia.
Hold a Degree Taught in English: Must be equivalent to a UK bachelor’s degree.
Are Over 65 Years Old: Age-related exemption.
Have a Physical or Mental Condition That prevents them from meeting the requirement.

Accommodation Requirements

Proof of Adequate Accommodation

Applicants must show that they have suitable accommodation without overcrowding.

Evidence Includes:

Tenancy Agreement: If renting a property.
Mortgage Statements: If owning a home.
Letter from the Landlord: Granting permission for the applicant to reside.
Property Inspection Report: Confirming the property meets housing standards.
Utility Bills and Council Tax Statements: Supporting evidence of residence.

Living Arrangements Verification

UKVI may:

Conduct Visits: To verify the accommodation exists and is as described.
Check Overcrowding Standards: Ensuring the property complies with the Housing Act 1985.

Accommodation Must Be:

Safe and Secure: Free from health hazards.
Exclusive Use: Applicants must have access to basic facilities.

UK Spouse Visa Processing Times and Fees

Understanding the processing times and associated costs is essential for planning and budgeting your application.

Standard Spouse Visa Processing Time

Applications from Outside the UK: Typically processed within 12 weeks.
Applications from Inside the UK: Generally take up to 8 weeks.

Factors Influencing Processing Times:

Time of Year: Peak periods may experience delays.
Complex Cases: Applications requiring additional checks.
Incomplete Applications: Missing information can extend processing times.

Fast Track and Priority Processing Options

Priority Visa Service:
- Processing Time: Decision within 5 working days.
- Additional Fee: Approximately £500 on top of the standard fee.
Super Priority Visa Service:
- Processing Time: Decision by the end of the next working day.
- Additional Fee: Around £800 extra.

How to Apply:

Selection During Application: Choose the priority service when completing the online form.
Payment: Fees are paid upfront.

UK Spouse Visa Application Fees

Cost Breakdown of Application Fees

Applying from Outside the UK: £1,538 as of 2023.
Applying from Inside the UK: £1,048 for extensions or switching visas.

Additional Costs May Include:

Biometric Enrollment Fee: Approximately £19.20.
Priority Services: As mentioned above.
Document Scanning Services: If needed at the visa application centre.

Additional Fees (e.g. NHS Surcharge)

Immigration Health Surcharge (IHS):
- Fee: £624 per year.
- Total Payable: Multiplied by the number of years granted on the visa (typically 2.5 years).
Total IHS for Spouse Visa: £624 x 2.5 = £1,560.

Purpose of IHS:

Grants access to the National Health Service during your stay.

Common Reasons for Spouse Visa Delays

Incomplete Applications

Missing Information: Skipping sections in the application form.
Unsigned Forms: Failing to sign where required.
Incorrect Fees: Underpaying or overpaying can cause processing issues.

Lack of Supporting Documentation

Insufficient Evidence: Not providing enough proof of relationship or finances.
Expired Documents: Submitting outdated or invalid documents.
Untranslated Documents: Failing to provide certified translations for documents not in English or Welsh.

Tips to Avoid Delays:

Double-Check Requirements: Ensure all criteria are met.
Organise Documents: Present them in a logical order.
Seek Legal Advice: Professionals can review your application for completeness.

How to Apply for a UK Spouse Visa

Navigating the application process can be complex, but understanding each step can simplify it.

Step-by-Step Guide to the Spouse Visa Application Process

Complete the Online Application Form:
- Visit the official UK government website.
- Select the appropriate visa category.
- Fill in personal details, relationship information, and other required data.
Gather Required Documents:
- Collect all supporting evidence as per the requirements.
- Ensure documents are up-to-date and certified where necessary.
Pay the Visa Fees and IHS:
- Use a valid debit or credit card.
- Keep receipts of all transactions.
Book a Biometrics Appointment:
- Schedule an appointment at a visa application centre.
- Attend to provide fingerprints and a digital photograph.
Submit Your Application:
- Depending on your location, submit documents online or in person.
- Some centres offer scanning services for your documents.
Await a Decision:
- UKVI will process your application.
- You may be contacted for additional information.
Receive Your Visa Decision:
- If approved, you will receive a vignette in your passport or a Biometric Residence Permit (BRP).

Submitting the Spouse Visa Application from Inside vs. Outside the UK

Outside the UK:

Visa Application Centres: Must attend in your country of residence.
Vignette Sticker: A 30-day entry visa placed in your passport.
Collect BRP: Upon arrival in the UK, collect your BRP within 10 days.

Inside the UK:

Switching Visas: If you’re extending or switching to a Spouse Visa.
Biometric Residence Permit: Issued upon approval.
No Need to Leave the UK: The entire process is completed domestically.

How to Avoid Common Mistakes When Applying

Tips on Preparing Your Application

Start Early: Give yourself ample time to gather documents.
Use a Checklist: Track required documents and steps.
Review Guidelines: Follow UKVI’s official guidance notes.

Importance of Legal Advice in the Application Process

Expertise: Immigration lawyers understand complex immigration laws.
Accuracy: They ensure all information is correct and complete.
Representation: Can liaise with UKVI on your behalf.

Spouse Visa Refusals and Appeals

Understanding the refusal process and your rights to appeal is crucial in case your application is unsuccessful.

Common Reasons for Visa Refusals

Financial and Relationship Issues

Not Meeting Income Threshold: Failure to prove sufficient earnings.
Doubts About Relationship: Insufficient evidence leading to suspicions of a sham marriage.

Missing Documentation

Incomplete Evidence: Missing key documents like marriage certificates.
Unverified Documents: Submitting uncertified copies or unverified translations.

How to Appeal a Spouse Visa Refusal

Steps to Take After a Refusal

Read the Refusal Notice Carefully: Understand the reasons for denial.
Consult Legal Advice: An immigration lawyer can assess your case.
Decide on Next Steps:
- Administrative Review: If you believe a factual error was made.
- Appeal: If you have grounds based on human rights or legal errors.
- Reapplication: Addressing the issues and submitting a new application.

Legal Support for a Successful Appeal

Case Preparation: Lawyers help compile additional evidence.
Representation: They can represent you at tribunals.
Expert Guidance: Navigate legal procedures effectively.

Alternatives to Appealing a Refusal

Reapplying for a Spouse Visa

Address Refusal Reasons: Correct deficiencies noted in the refusal.
Strengthen Application: Provide additional evidence or explanations.
Timeliness: Apply promptly to avoid overstaying.

Exploring Other UK Visa Options

Unmarried Partner Visa: If applicable.
Work Visas: Tier 2 (General) if you have a job offer.
Student Visas: For those intending to study.

Considerations:

Eligibility: Ensure you meet the criteria for alternative visas.
Long-Term Goals: Align visa choice with your plans for settlement.

Spouse Visa UK Extension and Settlement

After securing a Spouse Visa, planning for extension and eventual settlement is essential for long-term residency.

How to Extend a Spouse Visa

Eligibility Criteria for an Extension

Continued Relationship: Must still be in a genuine relationship with your partner.
Financial Requirements: Meet the same income thresholds as the initial application.
English Language: May need to meet a higher level (A2 CEFR) for extensions.

Required Documents for Extension

Updated Proof of Relationship: Recent photographs, joint correspondence.
Financial Evidence: Latest payslips, bank statements.
Accommodation Details: Current tenancy agreements or mortgage statements.
English Language Certificate: If required for higher proficiency level.

Application Timing:

When to Apply: Within 28 days before your current visa expires.

Pathway to UK Settlement (Indefinite Leave to Remain – ILR)

Qualifying for ILR as a Spouse

Residency Period: Typically after 5 years on a Spouse Visa.
Continuous Residence: Must not have spent more than 180 days outside the UK in any 12 months.
Life in the UK Test: Pass a test on British customs and traditions.
Good Character: No criminal convictions or breaches of immigration laws.

Timeframe for Settlement Eligibility

Application Window: No earlier than 28 days before completing the 5-year qualifying period.

Applying for British Citizenship After ILR

Citizenship Requirements for Spouses

Residency Requirement: Must have lived in the UK for at least 3 years.
ILR Status: Hold ILR at the time of application.
English Language and Life in the UK: Must meet language proficiency and have passed the Life in the UK Test.
Good Character: Clean criminal record and adherence to laws.

The Naturalisation Process

Prepare Application: Gather documents proving residency, identity, and character.
Submit Application: Apply online or via post with the required fee.
Biometrics Appointment: Provide fingerprints and a photo.
Decision: Await approval from the Home Office.
Citizenship Ceremony: Attend a ceremony to take the Oath of Allegiance.
Receive Certificate: Officially recognised as a British citizen.

Benefits of Citizenship:

Right to Vote: Participate in UK elections.
No Immigration Restrictions: Freedom to live and work without visas.
British Passport: Travel with a UK passport.

Expert Legal Advice for UK Spouse Visa Applications

Engaging professional legal services can greatly enhance the likelihood of a successful application.

Why You Need Legal Support for a Spouse Visa

Complex Regulations: Immigration laws are intricate and frequently updated.
Avoiding Mistakes: Errors can lead to refusals or bans.
Peace of Mind: Confidence that your application is in expert hands.

How Immigration Lawyers Can Help You

Avoiding Mistakes in Your Application

Detailed Reviews: Scrutinise all documents for accuracy.
Compliance Checks: Ensure all requirements are met.

Ensuring You Meet All the Requirements

Personalised Advice: Tailored guidance based on your circumstances.
Document Preparation: Assistance in compiling and organising evidence.

How to Choose the Right Immigration Lawyer

Qualifications to Look For

Accreditations: Members of the Law Society or regulated by the Office of the Immigration Services Commissioner (OISC).
Experience: Proven track record with Spouse Visa applications.
Specialisation: Focus on immigration law.

Questions to Ask Your Immigration Lawyer

Success Rates: What percentage of applications are approved?
Fees Structure: Transparent pricing without hidden costs.
Communication: How often will they update you on your case?

Frequently Asked Questions about UK Spouse Visa

How Long Can I Stay on a UK Spouse Visa?

Initial Duration: Up to 33 months if applying from outside the UK.
Extensions: Additional 30 months when applying from inside the UK.
Total Before ILR: Generally, 5 years before qualifying for Indefinite Leave to Remain.

Can I Work in the UK on a Spouse Visa?

Employment Rights: Yes, you can work in any job, including self-employment.
No Restrictions: Unlike some visas, there are no limitations on the number of hours or type of work.

Can I Bring My Children with Me on a Spouse Visa?

Dependent Children: Children under 18 can apply as dependents.
Requirements:
- Must not be living an independent life.
- Financial requirements increase with each child.
- Provide evidence of relationship and custody.

What Happens if My Spouse Visa is Refused?

Options:
- Appeal: If you believe the decision was incorrect.
- Administrative Review: For factual errors.
- Reapplication: Addressing the reasons for refusal.