What is a Spouse Visa and What are the requirements?
This UK visas category allows married partners (the applicant (s) to join their Spouse (Sponsor) husband or wife to the UK. The applicant’s family members can also apply at the same time. Their Sponsor must be a British citizen or a person present and settled in the UK, with indefinite leave to remain or with Settled status in the UK. It is also possible for applicant’s to join their husband or wife who has limited leave to remain in the UK under Appendix EU. who wish to join their husband or wife in the UK. The immigration rules under Appendix FM require specific requirements to be met in order for a achieve successful outcome for your spouse family visa.
This type of UK visa allows the non-EEA spouse to enter the UK as the partner of a British or settled person. The initial application UK Spouse Visa is valid for 2.5 years and then you need to apply for a further UK Spouse visa extension before applying for indefinite leave to remain. The category allows you and your family dependants to obtain ILR and leads to British citizenship in the UK. If you are already in the UK with a different type of leave to remain, such as on a Tier 4 student visa you can switch from inside the UK. You may also be able to apply if you are on a UK fiance visa.
You need to meet certain requirements to be eligible for a Spouse Visa for the United Kingdom. These include passing the ‘Genuine relationship test’. ‘Financial requirements’ and ‘English language requirements’. The application process involves an online out of country application and attending a visa visa application centre overseas. You can choose to pay additional costs for a quick decision to be made via using the priority service or premium service. If your application is successful you will be issued with a biometric residence permit.
To find out more about whether you or your partner is eligible for this visa category and get the right legal advice, call My Legal Services today on 0203 732 4736. One of our expert immigration lawyers would be happy to assist with advice and your UK Spouse visa application process and procedure, or appeal service for an successful outcome. We have a highly success rate in our clients become a spouse visa holders.
In order to qualify for a UK Spouse visa you will need to satisfy and meet the following requirements:
- The applicant must have a valid application for entry clearance and must not fall for refusal under any suitability grounds
- The applicant be overseas and attend a appointment to submit their passport and provide their biometric
- Your partner is British, holds indefinite leave to remain or limited leave to remain in the UK
- You are both over the age of 18;
- You have met in person and are legally married;
- Your relationship is genuine and you intend to live together permanently;
- Any previous relationships have broken down permanently and you are not in a relationship with anyone else
- You will be adequately maintained in the UK without recourse to public funds;
- There is adequate accommodation for you and any dependents;
- You speak and understand English to the required level from approved English language test provider.
- Have a valid TB Certificate and
- You can meet the minimum income threshold financial requirement of £29,000 to demonstrate you will not have recourse to public funds.
What is meant by genuine and subsisting relationship?
The Home Office must be satisfied that you are in a continued genuine relationship with your husband or wife in the UK. The Home Office will need to see documentary evidence that you have been living with your husband or wife since the grant of your initial Spouse visa. You will need to prove this by way of showing various documents, which can include Council Tax bills, Utility bills in sole/joint names, Bank statements, Payslips and so on. There are many instances when you may have had a child or children and therefore this goes on to show that your relationship or family life has been extended and your relationship is therefore durable and subsisting.
Financial Requirement:
In order to apply for Spouse visa of your husband or wife, you will need to meet the financial requirement annual income of £29,000 to demonstrate you will not have recourse to public funds. There are several ways to meet the financial requirement to show you have sufficient funds including:
- Income from salaried or non-salaried employment of the partner (and/or the applicant if they are in the UK with permission to work). Maternity allowances are also counted including Bereavement benefits.
- Non-employment income, e.g. income from property rental or dividends from shares.
- Cash savings of the applicant’s partner and/or the applicant, above £16,000, held by the partner and/or the applicant for at least 6 months and under their control. The cash savings requirement is £62,500. State (UK or foreign), occupational or private pension of the applicant’s partner and/or the applicant. There are specified documents that will be required in support of your application.
- Income from self-employment, and income as a director or employee of a specified limited company in the UK, of the partner (and/or the applicant if they are in the UK with permission to work). Different documents will be required if you are applying and relying on Income from self-employment or income as a Director or employee of a specified limited company.
You may still be able to meet the requirement if you are not working or are on benefits or have sufficient savings to satisfy the financial requirements. If your UK Sponsor – husband or wife is in receipt of the following specified benefits, you will need to fulfil the financial requirement of £29,000
- Disability Living Allowance
- Severe Disablement Allowance
- Carer’s Allowance
- Attendance Allowance
- Personal Independence Payment
- Industrial Injuries Disablement benefit
- Police Injury Pension
- Armed Forces Independence Payment or Guaranteed Income Payment under Armed Forces Compensation Scheme
- Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under War Pensions Scheme
How much is the Spouse visa application fee?
The Home Office application fee for a UK Spouse visa application submitted outside the UK is currently £1,846. The Home Office application fee to switch into the Spouse category from within the UK or extend stay as a Spouse is currently £1,048. There are also additional fees applicable to book an appointment at the visa application centre and delivery courier services fees for the return and/or collection of your passport. These varies upon the home country you are applying from.
Do I need to pay the UK NHS Charge?
All applicant (s) need to pay the UK NHS Surcharge, which is a separate fee from the mandatory Spouse visa application fee. The Immigration Health Surcharge (IHS) covers the initial period of the length of the visa, which is 2.5 years. A separate fee is applicable for each dependant. The Immigration Health Surcharge fee is currently £1,035 (previously £624) per year for each person applying, which includes dependant children. The NHS charge will cover a period of 33 months. This fee must be paid otherwise your application will not be processed and will be rejected.
What happens if I am unable to satisfy the requirements for a UK Spouse visa?
If you are unable to meet the minimum income requirement you will need to show that there are very significant difficulties in your relationship continuing from outside the UK and there are exceptional circumstances for the applicant and any children to be granted a Spouse and child dependant visa.
How long does the Process Take?
On average it can take between 6-8 weeks for an Entry Clearance Officer (ECO) to consider your application and go through your documents to issue you a UK Spouse visa. In some case it can be longer and each case is considered in its own individual merits. In some cases it can take a lot quicker depending on the case worker at the respective British High Commission, Embassy or Consulate. You will initially be granted a 3 month’s visa, which will be stamped into your passport in order to allow you to enter the UK, within this 3 month’s grace period.
After your arrival to the UK, you will be required to collect your Biometric Residence Card at your local UK Post Office. Your BPR Card will confirm your Spouse visa status and will be issued for 2.5 years or 30 months.
Can I renew or extend a UK Spouse Visa?
You can renew and extend your Spouse visa for another 2.5 years in the UK. Upon living in the UK for a total of 5 years into this category you can apply for indefinite leave to remain in the UK.
Spouse Visa Document Checklist:
Partner Visa applications require the most extensive amounts of supporting evidence, as you need to prove you meet every requirement to be eligible. Give us a call today to find out more and how we can help you every step of the way.
What happens if my application is refused?
If your application is unsuccessful and has been refused by an Entry Clearance Officer (ECO), you will be given an out of country right of appeal to challenge and lodge an appeal against the decision within 28 days to refuse your application for Spouse visa to the UK, to the First tier Tribunal. There is a court lodgement fee of £140 payable to HMCTS for the case to be brought before an Immigration Judge ‘IJ’ to consider the appeal. The case may be reviewed on most occasions during the appeal process for the original decision to be overturned.
If this is not the case the matter will be listed for a full substantive appeal hearing in the U. Your UK Sponsor will be required to attend the hearing in order to give evidence before an Immigration Judge. There will also be several other court directions that must be complied with prior to the hearing, including pagination of a bundle of documents and witness statements and that would be required at the hearing itself. The IJ will consider all evidence before the parties before reaching a decision whether the applicant be granted a Spouse visa.
If your application is refused, you can either lodge an appeal or submit a fresh application to address the ECO concerns raised in the refusal letter. If you decide to apply and submit a fresh or new application, you will again be subject to paying for the visa fees and once again the Immigration Health Surcharge, NHS charge.
We have years of experience and our immigration solicitors are here to help you with appealing against the decision to refused and will conduct a full assessment of the prospects of success or advice you submit a new application. There are several categories that may apply and there are specified documents that will need to be provided in order to satisfy the Spouse visa requirements, depending on your circumstances for a successful application.
Conclusion:
You will also have to make sure you are compliant with many other things such as meeting the requirements for Financial and English language parts of the Visa, the processing time for the Spouse Visa can be anywhere from 30 days to 3 months on average, this is due to the amount of time it will take the UKVI to gather all your evidence and submitting your case can take a few weeks alone.
Once your application has been received, UKVI will process it, and assess whether you meet all the requirements. Once the assessing official has made a decision on your case, they will get back to you with a decision. This whole process can take a while, especially if there is something especially complex about your case and/or you apply with dependents.
We here at My Legal Services can help you along every step of the way from start to finish, even to refusals and appeals. We look forward to hearing from you.
Get in touch on 02037 324 736 or use our online contact form to speak to our team about your Spouse Leave To Remain in the UK application.