The Weekly Update #4

The UK spouse visa allows individuals married to, or in a civil partnership with, a British citizen or a person settled in the UK to join them and live together. This visa is part of the UK’s family visa category and provides an opportunity for couples to build their lives together in the UK. However, the process can be detailed and requires an understanding of the eligibility criteria, application steps, and necessary documentation.

This article will guide you through the spouse visa process, from eligibility to successful application.

1. What is the UK Spouse Visa?

The spouse visa UK, commonly referred to as a partner visa, is designed for individuals who are married to, or in a civil partnership with:

• A British citizen
• A person with indefinite leave to remain (settled in the UK)
• A person with refugee status

Once granted, this visa allows the holder to live, work, and study in the UK, initially for a period of 2.5 years, after which an extension can be applied for. The ultimate goal for many applicants is to acquire indefinite leave to remain (ILR) after five years of residency.

2. Key Eligibility Criteria

Before applying for the UK spouse visa, both the applicant and the UK-based partner need to meet a range of criteria to ensure their eligibility.

2.1 Relationship Requirement

• The couple must be legally married or in a recognized civil partnership.
• The relationship must be genuine and ongoing.
• The couple must have met in person at least once.
• The applicant and their spouse must intend to live together permanently in the UK.

If the couple is not married, they must have been living together in a relationship akin to marriage for at least two years.

2.2 Financial Requirement

The UK-based spouse must meet a minimum income threshold to support the applicant. The current financial requirement is:

• £18,600 per year for the sponsor
• If children are also being sponsored, an additional £3,800 for the first child and £2,400 for each subsequent child is required.

Income can be from employment, self-employment, or savings. A lump sum of savings (minimum £62,500) held for at least six months can also be used to meet the financial requirement.

2.3 English Language Requirement

The applicant must meet the English language proficiency requirement. This can be proven by:

• Passing an approved English test at A1 level or above.
• Having a degree that was taught in English.
• Being a national of an English-speaking country (e.g., USA, Canada).

2.4 Accommodation Requirement

The couple must show that they have adequate accommodation available in the UK, which will not be overcrowded or unsuitable.

3. The Application Process

Applying for a UK spouse visa involves multiple steps, and it’s important to carefully follow each one to avoid delays or rejections.

3.1 Document Preparation

Start by gathering all the necessary documents. These include:

• Proof of relationship (marriage certificate, photos, communication records)
• Proof of income (payslips, tax returns, bank statements)
• Proof of English language ability
• Proof of accommodation in the UK (tenancy agreement, property ownership)

3.2 Submit the Online Application

You will need to submit the visa application online through the UK government website. The application will ask for detailed information about your personal situation, your relationship, and financial circumstances.

3.3 Pay the Fees

The cost of applying for a UK spouse visa includes:

• Visa application fee: £1,538 if applying from outside the UK, or £1,048 if applying from within.
• Immigration Health Surcharge (IHS): £624 per year, giving the applicant access to the UK’s NHS services.

3.4 Biometric Appointment

The applicant must book and attend a biometric appointment to submit fingerprints and a photograph. This can be done at a Visa Application Centre (if applying from outside the UK) or a UKVCAS centre (if applying from within the UK).

3.5 Wait for a Decision

The waiting times for a spouse visa decision can vary:

• Applications from outside the UK typically take up to 12 weeks.
• Applications from inside the UK take up to 8 weeks.

In some cases, priority processing may be available for an additional fee, reducing the waiting time.

4. What Happens After Your Visa is Approved?

Once your spouse visa is approved, you will be granted a visa that is valid for 30 months. With this visa, you can:

• Live and work in the UK.
• Access the NHS for healthcare services.

Extending Your Spouse Visa

Before the initial 30-month period expires, you can apply for a spouse visa extension. The requirements for extending your visa remain similar to the initial application, including the financial and relationship proof.

Indefinite Leave to Remain (ILR)

After living in the UK for five years on a spouse visa, you can apply for Indefinite Leave to Remain (ILR), allowing you to stay permanently. To qualify for ILR, you must continue to meet the financial and relationship requirements, as well as pass the Life in the UK Test.

5. Common Mistakes to Avoid in the Application

Visa rejections often happen due to mistakes in the application process. Some common issues include:

• Inadequate financial proof: Ensure you meet the financial threshold and submit the correct documents, such as payslips and bank statements.
• Incomplete relationship documentation: Failing to provide sufficient evidence of your relationship can lead to rejection. Include photos, communication logs, and proof of visits or travel.
• Failure to meet the English language requirement: Make sure you take the required English test and submit the results.
• Errors in the application form: Double-check your application form to ensure there are no mistakes or discrepancies.

6. Tips for a Successful Application

• Start early: Begin preparing your documents as soon as possible to avoid any last-minute rush.
• Seek professional help: If the process seems overwhelming, consider hiring an immigration lawyer or consultant.
• Be thorough with relationship proof: The Home Office takes the relationship requirement seriously, so make sure to include ample evidence to support the authenticity of your relationship.
• Maintain clear communication: Both you and your spouse should be on the same page when it comes to the application. Make sure your stories match and that you have a clear understanding of each other’s situation.

7. Conclusion

Applying for a UK spouse visa can seem daunting, but with careful planning, thorough documentation, and attention to detail, it’s possible to navigate the process smoothly. Whether you’re just starting the application or preparing for an extension, understanding the key requirements will give you the best chance of success. Living together in the UK with your spouse is an achievable goal—just make sure to follow each step carefully.