WHAT IS A UK SPOUSE VISA?
A UK Spouse Visa, also known as a Partner Visa, is designed for non-UK nationals who are married to a British citizen or someone with settled or pre-settled status in the UK. This visa allows the foreign spouse to join or stay with their partner in the UK, enabling them to live, work, and study, while enjoying a normal family life together.
The visa is initially granted for 2.5 years, with the possibility of extending it for another 2.5 years. This timeframe helps the applicant meet the residency requirement needed to apply for Indefinite Leave to Remain (ILR) after five years. Once ILR is granted, no further visas are required. The applicant may also apply for British citizenship through naturalization if they wish.
It is important to note that the spouse visa is different from a fiancé visa, which allows foreign nationals to enter the UK to get married. A spouse visa is only available after the couple is legally married, and specific eligibility requirements must be met, which we will cover in this guide.
ELIGIBILITY CRITERIA FOR A UK SPOUSE VISA
To qualify for a UK spouse visa, you must meet several specific criteria:
- Sponsor's Status: Your sponsor (spouse) must be either a British citizen or someone who has settled status in the UK.
- Age Requirement: Both you and your spouse must be at least 18 years old when you apply.
- Relationship: Your marriage must be legally recognized, and your relationship must be genuine and ongoing. Any previous marriages or partnerships must have ended permanently.
- Financial Requirements: Your sponsor must meet a minimum income level of £29,000, which can come from various sources, including employment, self-employment, or other income. If income is insufficient, savings can be used to meet the requirement.
- English Language Ability: The applicant must show basic English proficiency, either by passing an approved test at the A1 level or higher, holding a degree taught in English, or being a citizen of a majority English-speaking country.
- Accommodation: You must have suitable accommodation in the UK that meets housing standards and is not overcrowded.
- Intent to Live Together: You and your spouse must intend to live together permanently in the UK in a genuine and committed relationship.
- Health and Medical Documentation: Depending on your country of origin, you may need to provide specific medical documents, such as a Tuberculosis Clearance Certificate.
- Good Character: Applicants must meet the UK government’s character standards, which include a clean criminal record.
These requirements may vary depending on your personal circumstances, such as your nationality, country of residence, and whether you have any dependents. There may also be additional requirements depending on the details provided in your application.
UK SPOUSE VISA FINANCIAL REQUIREMENT
The financial requirement is often considered the most challenging part of the spouse visa process. Changes that took effect in April 2024 raised the income threshold to £29,000, and further increases are expected. Applicants must demonstrate that they can financially support their foreign spouse without relying on public funds. Several methods can be used to meet this requirement:
- Income Threshold: Your UK-based spouse must earn a minimum of £29,000 per year from employment, self-employment, or other sources of income such as property or pensions.
- Savings: If the income threshold is not met, you may use savings of at least £88,500, provided the funds have been held for six months in the UK.
- Combination of Income and Savings: If your income falls slightly below the required amount, you can combine it with savings to meet the financial criteria.
- Third-Party Sponsorship: In certain situations, a third party, such as a family member, can act as a sponsor to meet the financial requirement.
- Exemptions from Financial Requirements: In exceptional cases, such as when there are ‘insurmountable obstacles’ to family life outside the UK, applicants may be exempt from financial requirements.
EXEMPTIONS FROM THE FINANCIAL REQUIREMENT
Applicants are exempt from the minimum income requirement if the UK partner receives certain benefits, including:
- Disability Living Allowance
- Personal Independence Payment
- Carer’s Allowance
- Armed Forces Independence Payment
- And more.
- While these exemptions apply to the income threshold, applicants must still show they can support their spouse without relying on further public funds.
FUTURE CHANGES TO THE FINANCIAL REQUIREMENT
The increase to £29,000 in April 2024 is just the first of three planned increases. The income threshold is expected to rise to £34,500 later in 2024, and to £38,700 in early 2025.
UK SPOUSE VISA RELATIONSHIP REQUIREMENTS
Proving that your relationship is genuine and subsisting is crucial in the spouse visa application process. You must demonstrate that your marriage is legally recognized, your relationship is ongoing, and you plan to live together permanently in the UK. Key documents that can support your application include:
- Legal documents like marriage certificates and birth certificates of children.
- Evidence of your relationship, such as communication records, photos, and letters of support from family and friends.
- Proof of joint financial responsibilities, such as shared bank accounts or property ownership.
- Personal statements from both partners detailing the history and plans of your relationship.
- UK visa officers will assess each application individually, so it’s important to provide a strong and comprehensive case without overwhelming the application with unnecessary documents.
UK SPOUSE VISA ACCOMMODATION REQUIREMENT
You will also need to prove that you have adequate accommodation in the UK. This accommodation must be suitable for your needs as a couple and must meet specific criteria, including:
- Residence: You must have a residence in the UK, either rented or owned or live with family or friends.
- Adequate Space: Your accommodation must have sufficient space to prevent overcrowding.
- Safety and Habitability: The property must be safe, habitable, and free of hazards that could affect health and safety.
At the very least, couples are expected to have their own private room, although shared facilities such as bathrooms are acceptable.
UK SPOUSE VISA APPLICATION FEE AND OTHER COSTS
Applying for a UK spouse visa involves several significant costs:
- Application Fee: £1,846 for applications made from outside the UK, and £1,048 for applications made from within the UK. These fees are non-refundable.
- Immigration Health Surcharge (IHS): £1,035 per year for adults and £776 per year for children. The total amount depends on the length of the visa.
- Biometric Enrollment Fee: This fee varies depending on your location, typically ranging from £100 to £200.
Additional fees may include English language tests, tuberculosis tests, and priority processing services.
UK SPOUSE VISA PROCESSING AND DECISION WAITING TIMES
Processing times for UK spouse visa applications can vary. In most cases, 90% of applications are processed within 12 weeks, though some overseas applications may take up to 24 weeks. If you need a quicker decision, priority services are available, with processing times ranging from 1 to 5 working days.
APPLICATION PROCESS FOR A UK SPOUSE VISA
The application process for a UK spouse visa involves several steps. These include:
- Collecting Required Documents: Gather all the necessary documents to support your application.
- Completing the Online Application: Fill out the application form accurately and ensure that all information matches your supporting documents.
- Selecting a Biometric Appointment: Choose a date to submit your biometric information.
- Paying Fees: Pay the application and IHS fees, along with any additional charges for priority services.
- Submitting Your Application: Upload your supporting documents and complete the submission process.
- Attending the Biometric Appointment: Provide fingerprints, a signature, and a digital photograph at a visa application center.
- Waiting for a Decision: Once your application is submitted, wait for the decision, which could take up to 12 weeks or longer, depending on your location and whether you selected a priority service.
If your application is approved, you will receive either an Entry Clearance Visa if you applied from outside the UK or a Biometric Residence Permit (BRP) card if you applied from within the UK.
UK SPOUSE VISA EXTENSIONS
If you wish to remain in the UK after your initial visa period, you will need to apply for an extension. The criteria for the extension are similar to those for the initial visa, including demonstrating that your relationship is still ongoing, that you meet the financial requirements, and that you have adhered to immigration rules. A successful extension will grant you another 2.5 years, allowing you to meet the 5-year residency requirement for ILR.