Spouse Visa in the United Kingdom – Requirements and Guidelines

The UK Spouse Visa, officially known as the UK Partner Visa, allows non-UK nationals to join their British or settled partner in the United Kingdom. This guide outlines the essential requirements, documentation, and processes involved in obtaining a UK Spouse Visa.

This visa is specifically designed for individuals who are in a genuine and subsisting relationship and wish to live together in the UK. It enables the applicant to work and study in the UK but does not allow access to public funds.

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What is a UK Spouse Visa?

A UK Spouse Visa, officially known as a UK Partner Visa, allows a non-UK national to join their spouse, civil partner, or unmarried partner in the United Kingdom. The UK-based partner must be either a British citizen, have indefinite leave to remain (ILR), refugee status, or humanitarian protection.

The visa is typically granted for an initial period of 2.5 years, after which it can be extended. After 5 years of continuous residence, the applicant may be eligible to apply for Indefinite Leave to Remain (ILR) and eventually British citizenship.

Eligibility Requirements

Get conversant with the required documents for spouse visa eligibility requirements. To qualify for a UK Spouse Visa, applicants must meet the following criteria:

Relationship Requirements

1. Legitimate Relationship:

  • The applicant must be legally married to or in a civil partnership with a British citizen, someone with Indefinite Leave to Remain (ILR), or a person with refugee status or humanitarian protection in the UK.
  • If not married, the applicant must demonstrate they have lived together in a relationship akin to marriage for at least two years.
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2. Genuine and Subsisting Relationship:

  • Evidence must be provided to prove that the relationship is genuine and ongoing. This may include photographs, communication records, joint financial commitments, or travel documents.

3. Age Requirement:

  • Both the applicant and the UK partner must be at least 18 years old.

Financial Requirements

1. Minimum Income Threshold:

  • The UK partner must have an annual income of at least £18,600. This threshold increases if there are dependent children:
  • £22,400 for one child.
  • An additional £2,400 for each subsequent child.

2. Savings as an Alternative:

  • If the income threshold is not met, savings can be used. Applicants must demonstrate savings of at least £62,500 if no income is earned.

3. Exemptions:

  • The financial requirement may be waived if the UK partner receives certain benefits, such as Disability Living Allowance (DLA) or Carer’s Allowance.

English Language Requirement

1. Proficiency in English: The applicant must prove their ability to speak and understand English. This can be done by:

    • Passing an approved English language test at the A1 level or higher.
    • Holding a degree taught or researched in English.

2. Exemptions:

    • Applicants from majority English-speaking countries (e.g., the USA, Australia, Canada) are exempt.

Accommodation Requirements

1. Suitable Accommodation: The couple must demonstrate they have adequate accommodation in the UK that complies with public health standards.

2. Evidence: Proof of ownership, tenancy agreements, or a letter from the landlord confirming permission to stay.

Required Documentation

Applicants must submit the following:

1. Identity Documents: Valid passports for both the applicant and their UK partner.

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2. Proof of Relationship: Marriage or civil partnership certificate. Evidence of shared financial responsibilities, communication records, and photos together.

3. Financial Evidence: Payslips, bank statements, or proof of savings.

4. Accommodation Proof: Tenancy agreement, property ownership documents, or confirmation from a host.

5. English Language Evidence: Certificate from an approved language test or academic qualifications.

Application Process

1: Online Application: Applications must be submitted online via the UK government’s official visa website.

2. Pay Fees: Spouse Visa application fee: £1538 (outside the UK) or £1048 (inside the UK). Immigration Health Surcharge (IHS): Approximately £624 per year.

3: Biometric Appointment: Book an appointment to provide fingerprints, photographs, and supporting documents.

4: Decision Waiting Period: Standard processing time is up to 12 weeks for applications made outside the UK and 8 weeks for in-country applications. Priority and super-priority services are available for faster processing.

Navigating the UK Spouse Visa process can be complex, but with proper preparation and attention to detail, applicants can improve their chances of a successful outcome. For personalized advice, consulting a qualified immigration lawyer is highly recommended.
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