The UK Spouse Visa, officially known as the Family of a Settled Person Visa, allows non-British citizens to join their spouse or partner who is either a British citizen, has settled status, or holds indefinite leave to remain in the UK. This visa is a popular route for couples who wish to live together in the UK, but the application process can be complex and involves several legal and financial requirements. This guide will walk you through everything you need to know about the UK Spouse Visa, including eligibility criteria, application steps, and helpful tips.
What is a UK Spouse Visa?
A UK Spouse Visa enables a foreign spouse or partner of a British citizen or someone with settled status to live and work in the UK. It is also commonly referred to as a spousal visa UK. This visa is typically granted for 2.5 years (30 months) and can be extended further if the couple continues to meet the eligibility requirements. Eventually, it leads to indefinite leave to remain (ILR) and UK citizenship.
Eligibility Criteria for a UK Spouse Visa
To apply for a UK Spouse Visa, you must meet several eligibility requirements, both as a couple and individually. The key criteria include:
1. Relationship Requirements:
- You must be legally married to, or in a civil partnership with, a British citizen or a person with settled status in the UK.
- If you are not married, you must have lived together for at least 2 years in a relationship akin to marriage.
- You must prove that your relationship is genuine and subsisting, meaning that it is real and ongoing.
- If applying as a fiancé(e), you must marry within 6 months of arriving in the UK.
2. Financial Requirements:
- The sponsoring partner (the British citizen or settled person) must meet a minimum income threshold. They must earn at least £18,600 per year. This requirement increases if there are dependent children (an additional £3,800 for the first child and £2,400 for each subsequent child).
- If the sponsoring partner does not meet the income threshold through employment, other sources of income or savings can be used to meet the financial requirement.
3. Accommodation Requirements:
- You must provide evidence that you have adequate accommodation in the UK where you and your spouse or partner can live together without relying on public funds.
4. English Language Requirement:
- The applicant must demonstrate knowledge of the English language by passing an approved English language test (A1 level or higher) or having a degree taught in English. Citizens from certain English-speaking countries are exempt from this requirement.
UK Spouse Visa Application Process
The Spouse Visa uk application can be submitted either from within the UK (if you are extending or switching from another visa category) or from outside the UK. The process typically involves the following steps:
1. Complete the Online Application:
- The application form is available on the UK government’s official website. You will need to complete the form and pay the relevant application fees. If applying from outside the UK, you will also need to pay for the Immigration Health Surcharge (IHS), which grants you access to the UK’s National Health Service (NHS).
2. Prepare Supporting Documents:
- Collect and submit the necessary documents to prove your relationship, finances, accommodation, and other eligibility criteria. The required documents may include:
- Marriage or civil partnership certificate
- Proof of your relationship (e.g., photos, emails, text messages)
- Proof of financial income (payslips, bank statements)
- Proof of accommodation (tenancy agreement, property ownership documents)
- English language test results or exemption proof
3. Attend Biometrics Appointment:
- You may be required to attend a biometrics appointment at a visa application center to have your fingerprints and photograph taken. This is mandatory for applicants from outside the UK.
4. Decision and Processing Time:
- After submitting your application and biometrics, the UK Visas and Immigration (UKVI) will review your case. Processing times can vary, but typically it takes between 2 to 12 weeks to receive a decision on your spouse visa application.
UK Spouse Visa Fees
The cost of applying for a UK Spouse Visa is as follows:
- From outside the UK: £1,538
- From within the UK (for extensions or switching): £1,048
- Immigration Health Surcharge: £624 per year
It is important to note that additional fees may apply for services like priority processing, document translation, or legal advice.
Extending Your UK Spouse Visa
After your initial 2.5 years on a UK Spouse Visa, you can apply to extend your visa for another 2.5 years, provided you still meet the eligibility requirements. The extension application process is similar to the initial application, and you must again provide evidence that your relationship is ongoing and that you meet the financial and accommodation requirements.
Indefinite Leave to Remain (ILR) and UK Citizenship
After living in the UK for 5 years on a spousal visa UK, you may be eligible to apply for indefinite leave to remain (ILR). ILR allows you to live and work in the UK without any immigration restrictions. After holding ILR for at least 12 months, you may apply for British citizenship, provided you meet all the necessary criteria.
Tips for a Successful Spouse Visa Application
- Ensure Accurate Documentation: The UK Visas and Immigration (UKVI) is very strict when it comes to documentation. Double-check that all your supporting documents are accurate, up-to-date, and translated into English if necessary.
- Demonstrate Genuine Relationship: One of the key reasons for visa refusals is insufficient proof of a genuine relationship. Provide detailed evidence such as photographs, text messages, travel tickets, and social media history that show the authenticity and duration of your relationship.
- Meet Financial Requirements: Make sure that the financial documents you provide clearly show you meet the minimum income threshold. In cases where savings are being used to meet the financial requirement, ensure the funds have been in your account for the required period (typically 6 months).
- Seek Legal Advice: If your case is complicated (e.g., previous visa refusals, complex financial arrangements), consider seeking the help of an immigration lawyer to avoid any mistakes that could lead to delays or refusals.
Conclusion
The UK Spouse Visa is a crucial pathway for non-UK citizens to live with their British or settled partners in the UK. While the application process can be time-consuming and requires attention to detail, being well-prepared and providing clear documentation will increase your chances of success. By following the steps outlined in this guide, you can navigate the spouse visa application with confidence and look forward to starting your life together in the UK.