The Spouse visa is a common type of UK Family visa that allows you to come to the UK to join a partner who usually has to be a UK citizen or permanent resident. It is an ideal way to start your new life in the UK together. This article will help you to live your dreams of a married life in the UK by…
Spouse Visa Overview
The Spouse visa is so popular because it permits you to live, work, and study in the UK for enough time to get settled in the country. The standard eligibility period is 33 months for applications made outside the UK, or 30 months for applications inside the UK, such as if you are switching from another visa.
The Spouse visa also has the opportunity for extension for up to another 30 months, although you will need to show that you still meet the eligibility criteria. After this period of continuous residency, you can apply for Indefinite Leave to Remain, a great pathway to British citizenship.
Although the Spouse visa comes with a strong range of rights, they are not as extensive as the rights a British citizen has. For example, you will have to live together without needing to claim benefits, including tax credits and housing allowance.
Furthermore, not everyone is eligible to apply for a Spouse visa. You will need to be in a UK-recognised marriage or civil partnership with a UK-based partner that is one of the following:
- A British or Irish citizen.
- A person with settled status or Indefinite Leave to Remain.
- A pre-settled person from the EU or EEA.
- A holder of a Turkish Businessperson Visa or Turkish Worker Visa.
- A holder of refugee or humanitarian status.
- A stateless person who is permitted to live in the UK.
Making Your Spouse Visa Application
The spouse of a British citizen or resident cannot automatically come to the UK. Instead, they will need to apply for a Spouse visa successfully. This process is different depending on whether you apply from inside or outside of the UK. However, both applications will require you to submit your application form and documentation online before attending an appointment at a visa application centre to submit your biometric information.
To apply from inside the UK, you will need to be in the country on an eligible visa, meaning that it allows you to stay in the UK for longer than six months and not as a visitor. The Home Office will usually take around eight weeks to make a decision, and you will have to pay a £1,321 application fee.
An application from outside the UK is more straightforward as you won’t need to prove you are in the country legally. However, it will have a higher application fee of £1,938 and a processing time of 12 weeks.
Spouse Visa Requirements
To access the strong range of benefits that come with holding a Spouse visa, you need to fit a range of requirements. It may be worth looking at alternative visa options if you don’t. Most importantly, your relationship needs to be genuine and within a UK-recognised civil partnership or marriage. This is done by proving that you have met in person and have one of the following:
- You have spent at least the last two years living together in a relationship.
- You hold a Fiancé visa and will be married within six months of entering the UK.
- You have spent at least two years in a relationship, but cultural or religious reasons mean you can’t live together.
- Being denied entry to the UK or leaving the country would breach your human rights.
- You have a child together who is a British or Irish citizen and has lived in the UK for at least seven years.
You are also required to show that you are not too closely related to be married in the UK. A range of further requirements apply that go beyond the nature of your relationship. They include the following:
- The sponsor must earn at least £29,000 each year, with further finances required if you are bringing dependents with you to the UK.
- You have a high enough knowledge of the English language (Level A1 or higher on the Common European Framework of Reference for Languages).
- You will have suitable accommodation available in the UK that will also be suitable for any dependents.
- A clean Tuberculosis (TB) test if you are coming from a high-risk country.
How Can IAS Help?
A Spouse visa is the perfect way to continue your married life in the UK, so that you can start a family together in the country. It is suitable for people in a marriage or civil partnership with a British citizen or with certain types of right to remain in the country.
However, the Spouse visa is particularly difficult to successfully apply for. This is because you need to show that you have a genuine relationship. Further difficulties can be encountered if you are coming from a culture where it is uncommon to live together outside of marriage.
Getting assistance from immigration lawyers and advisors is usually the right choice. Teams like Immigration Advice Service can help you compile the range of documentation needed to prove that your relationship is genuine, before guiding you through the application process to maximise your chances of success.
Our support doesn’t end when you enter the UK. After fulfilling residency requirements, we can help you to apply for indefinite leave to remain and British citizenship. Call us today to find out more about the services we offer. You can also visit us online to find out about the other types of visa that we offer support for.
