UK Spouse Visa

What is a Spouse Visa?

A Spouse visa to the UK (Marriage visa) allows married partners (the applicant) to enter the Uk and join their Spouse (Sponsor) husband or wife to the UK. Their Sponsor must be a British citizen or a person present and settled in the UK (living in the UK), with indefinite leave to remain 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. 

What are the Spouse visa requirements?

In order to qualify for a UK Spouse visa you will need to satisfy and meet the following requirements:

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Do I need to pay the UK NHS Chagre?

All applicant (s) need to pay the UK NHS Surcharge, which is a separate fee from the Spouse visa application fee. The Immigration Health Surcharge (IHS) covers the initial period of the length of the visa, which is 2.5 years. You will initially be granted a 3 months visa, which will be stamped into your passport in order to allow you to enter the UK, within this time period. You  will collect your Biometric Residence Card at your local UK Post Office to confirm your Spouse status in the UK. Therefore, the NHS fee covers in total 33 months. 

A separate fee is applicable for each dependant applying and a separate application for needs to be completed for child (family member) that is applying.  

 

 

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 on it’s individual merits. 

There are also occasions, the process can take a lot quicker and there is also an option to pay for the fast track premium services at the respective British High Commission, Embassy or Consulate. You will be required to provide your biometric fingerprints after submission of your application and submit your passport and documents. A decision will then be reached on your application. You also have the option to upload your documents online after submitting your application. 

 

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What happens if I am not working or I am on benefits or I am unable to meet the Immigration rules, can I still apply?

If your UK Sponsor – husband or wife is in receipt of the following specified benefits, you will not need to fulfil the financial requirement of £18, 600

  • Disability Living Allowance
  • Severe Disablement Allowance
  • Carer’s Allowance
  • Attendance Allowance
  • Personal Independent Payment (PIP)
  • Industrial Injuries Disablement benefit
  • Police Injury Pension
  • Armed Forces Independence Payment or Guaranteed Income Payment
  • Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under War Pension Scheme

How long is a Spouse Visa Valid For?

You will be granted a initial Spouse visa will be valid for 2.5 years or 30 months. You  would first be issued with a 3 months Spouse visa endorsed into  your passport in order for you to enter during this period, followed by your BRP card confirming your Spouse status for 2.5 years. Prior to its expiry, you will be required to apply for a further Spouse extension from inside the UK in order to complete the probationary period under the 5 year or 10 year route to qualify for ILR and eventually leading to British citizenship.

Your Spouse Visa extension will allow you to live and work in the UK for a further 30 months, a period of 2.5 years. Whilst your Spouse visa is pending a decision from the Home Office provided you applied in time you will continue to enjoy the same rights as before.

If your application is successful you will be granted a further visa for 2.5 years. This is under the 5 year route under the Immigration rules or under Article 8 under the 10 year route. 

Get in Done with My Legal Services, Call us Today regarding your Spouse visa application.

Can I work on a Spouse visa?

Yes, you are entitled to Work, Study, Open up a Business in the UK once the visa has been granted in the UK. The length of the grant of the visa is valid for 2.5 years. 

Do I need a further extension after my initial Spouse visa for 2.5 years?

You will be required to apply for a further Spouse visa extension in the UK before your visa expires. You will be granted a further 30 months leave to remain in the UK. After 5 years, you will be entitled to apply for indefinite leave to remain under the 5 year Spouse route in the UK.

To find out more about whether you or your partner is eligible for this visa category, call My Legal Services. 

Our Immigration Solicitors deal with Spouse visa applications on a regular basis and assist the applicant and the UK Sponsor with full assistance and preparation to ensure that the Immigration rules are met. One of our expert lawyers would be happy to assist with advice, application process and the procedure involved. 

How do I apply for a Spouse Visa?

The Immigration Rules in particular the financial requirement of the rules are complex and require specified mandatory documents so you need to prove you meet every requirement to be eligible. A few examples of the type of documents you should submit with a Spouse Visa application are:

  • Proof that your relationship is real: Phone conversations, emails, messages, Social media evidence
  • Proof of your income: Job contracts, your P60, your bank statements, Payslips. Different rules apply for Self employment applicants and/or Company Directors. It is also possible to satisfy the financial requirement via Cash savings
  • Proof that you meet the accommodation requirement. Property documents, letting contract, proof of booked temporary accommodation
  • Proof that you meet the English language requirement unless exempt
  • There are many different types of documents that you can use for a Spouse visa application. Proving that your relationship is genuine is subjective and it depends on the nature of your lives together and communication with each other. 

 

Does a Spouse Visa Lead to Settlement - Indefinite Leave to Remain in the UK?

Once you have completed 5 years as a Spouse of your husband or wife, you will be entitled to eligible to apply for indefinite leave to remain under the 5 year Spouse route in the UK. Once you have been granted ILR you can then apply for naturalisation as a British citizen. 

If you are under the 10 year route, you will need to complete 10 years in this category to qualify for indefinite leave to remain ILR in the UK. However, even if you are on the 10 year route, you can switch from the 10 year route to the 5 year route to qualify for ILR. 

 

What happens if my application is refused?

If your application is unsuccessful and has been refused by an Entry Clearance Officer, you will be given a right of appeal to challenge and lodge an appeal against the decision to refuse your application for Spouse visa to the UK. 

If this is the case, you can either lodge an appeal or submit a fresh application to address the ECO concerns. We have years of experience 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.

Our Professional Solicitor's are available in person at our offices or via the phone, Call us Today

Why our client’s instruct us and how we can help?

We are a Company of Experts for You. Our friendly team of Immigration solicitors are experts in dealing with your entry clearance application for an Spouse Visa to the UK.  We are here to provide you with honest and transparent advice at all times of the merits of your case.

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Once instructed, please feel assured we will include the following:

  • Taking detailed instructions from you and advising you about the relevant immigration laws and procedures in your entry clearance application for an Spouse visa to the UK;
  • Assessing and checking your documents and evidence to ensure that your Spouse visa application fulfils the relevant requirements, if any documents are missing or additional documents are need
  • Advising you if any documents are missing or additional documents are required to support and strengthen your Spouse visa application.
  • Completing of your entire application process from start to finish
  • Preparing a representation letter to the Home Office as to why you qualify for an entry clearance application for an Spouse visa to the UK.