The UK Spouse visa also known as a marriage visa for partners including those in a civil partnership of British citizens or persons with indefinite leave to remain in the UK which allows an individual to join their married partner to settle permanently if they meet the necessary requirements.
If the applicant and the sponsor are not married but are in a genuine relationship as partners, they are able to apply for Unmarried partner visa if they can provide evidence that they have been living together in a relationship akin to a marriage or civil partnership for at least two years prior to the date of application.
Requirements for a UK Spouse visa application
In order to qualify for a UK Spouse visa you will need to meet the UK Visas and Immigration criteria:
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Your partner is British or holds Indefinite Leave to Remain;
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You are both over the age of 18;
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You have met in person and are legally married;
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Your relationship is genuine and you intend to live together permanently;
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Any previous relationships must have broken down permanently;
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You will be adequately maintained in the UK without recourse to public funds;
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There is adequate accommodation for you and any dependents;
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You must satisfy a basic English language requirement in speaking and listening to at least level A1 of the Common European Framework of Reference for Languages.
Requirement to have met in person
You and your spouse must have met in person. The requirement to have ‘met’ means that you must be able to demonstrate a face-to-face meeting which resulted in the making of a mutual acquaintance. Simply coming face-to-face followed by telephone or written contact would not satisfy the requirements for a UK Spouse Visa.
Genuine and Subsisting Relationship Requirement
To qualify for a spouse visa you will need to provide the Home Office with evidence that your relationship with your partner is a genuine and subsisting relationship. Factors they may consider that demonstrates the genuineness of your relationship may include the following considerations:
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You and your spouse are in a long-term relationship;
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You and your spouse have been or are now living together;
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you and your spouse have children together (biological, adopted or step-children) and shared responsibility for them;
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You and your spouse share financial responsibilities;
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You and your spouse have visited the other’s home country and family;
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You and your spouse have declared an intention to live together. in the UK.
Financial requirement for a UK Spouse visa
In order to demonstrate that you can be adequately maintained in the UK without recourse to public funds, you will need to satisfy a financial requirement.
The financial requirement for a UK Spouse visa application states that you will need to demonstrate that your Spouse (or both of you jointly if you are in the UK with valid leave to remain) has a gross annual income of at least £29,000.
Those in receipt of state benefits will still be eligible to be considered and they can demonstrate that they will be able to show the sponsored family member will be adequately maintained and accommodated.
You can meet the UK Spouse visa financial requirement through salaried and non-salaried income, self-employed income, salary and/or dividends from a company of which you are a Director, property rental income, dividends and income from investments, stocks, shares, bonds or trust funds, pension income, insurance payments, maintenance payments and cash savings above £16,000 that have been held for at least six months, unless you can demonstrate that they have come from the sale of property or investments within the last 6 months.
In some circumstances it is possible to rely on a combination of the above sources of income to satisfy the financial requirement.
English Language Requirement
You will need to satisfy the Home Office that you satisfy an English language requirement.
When applying for entry clearance or to switch into the Spouse Visa route you will need to demonstrate competence in the English language to at least CEFR level A1. When you apply for further leave to remain as a spouse you will need to demonstrate competence in the English language to at least CEFR level A2. You can meet the requirement by:
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Holding the nationality of a majority English speaking country;
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Passing an approved English language test at or above the required CEFR level, with an approved provider as set out on Approved Secure English Language Tests and Test Centres; or
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Having an academic qualification which is either a Bachelor’s or Master’s degree or PhD if awarded in the UK; or, if awarded outside the UK, is deemed by Ecctis (formerly UK NARIC) to meet or exceed the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, and Ecctis has confirmed that the degree was taught or researched in English at or above the required CEFR level.
You may be exempt from meeting the English language requirement if:
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You are over the age of 65 at the date of application;
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You have a physical or mental disability which prevents you from meeting the English language requirement;
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There are exceptional circumstances which mean that you cannot satisfy the English language requirement before entering the UK.
UK visa validity
If your application for a UK Spouse visa is successful, your visa will be valid for 33 months initially. If you apply for leave to remain in the UK as a Spouse then you will be granted leave valid for 30 months.
Before the initial grant of your visa expires, you will need to apply to UK Visas and Immigration to extend your stay. If your application for further leave to remain as a Spouse is successful then you will be granted further leave to remain for a period of 30 months.
After spending 5 years in the UK as the Spouse of a British citizen or settled person, you will be eligible to apply for indefinite leave to remain.