UK Spouse Visa 2024: A Comprehensive Guide

UK Spouse Visa 2024: A Comprehensive Guide

The UK Spouse Visa (also referred to as the partner and UK Spouse Visa) enables an eligible foreign national to join and live with their partner in the UK if they are a British citizen or settled person (e.g. a person with Indefinite Leave to Remain or EU Settled Status). You won’t automatically get the right to live in the UK through the marriage to a British citizen. You must apply for a UK Spouse Visa to live in the UK with your partner. Eligible applicants include those who are married, in a civil partnership, or unmarried.

Applicants must meet a set of eligibility criteria as outlined in detail below. If granted, a partner and UK Spouse Visa is initially granted for up to 2 years and 9 months. It is then possible to extend your stay and later acquire ILR, allowing you to remain permanently in the UK without being subject to immigration rules. After gaining ILR, you might be eligible to apply for British citizenship by marriage.

Read also : USA Front of House Staff Jobs Opportunities 2024: With Visa Sponsorship

Who can apply for a UK Spouse Visa?

As a foreign national, you can apply for a UK partner and UK Spouse Visa as long as your partner based in the UK:

  • Is a British or Irish citizen (either by birth or naturalisation)
  • Has settled in the UK and has Indefinite Leave to Remain (ILR), permanent residence, or EU Settled Status
  • Has refugee status or humanitarian protection in the UK
  • Has a Turkish Businessperson visa or Turkish Worker visa

You must intend to live together in the UK after you move here (if you’re not here already), and you will also need to provide evidence of your genuine and subsisting relationship.

UK Spouse Visa requirements 2024

To make a successful application for a UK partner and UK Spouse Visa, you will need to meet a set of eligibility requirements, including providing evidence of:

  • You are in a genuine and eligible relationship
  • You and your partner’s combined gross annual income is at least £29,000. However, if you applied for a fiancé, fiancée or proposed civil partner before 11 April 2024, you will only need to meet the previous £18,600 income threshold.
  • You have suitable accommodation in the UK
  • You meet the English language requirement: at least level A1 for your first visa application

Read also : Exciting Canada Construction Helper Jobs Opportunities 2024: With Visa Sponsorship

1. Genuine relationship requirement

You will need to show you are in an eligible relationship as follows:

  • You are in a civil partnership or marriage that is legally recognised in the UK, or;
  • Have been living together in a relationship for at least 2 years, or;
  • Plan to get married or enter into a civil partnership in the UK within 6 months of arriving in the UK.

Crucially, UK Visas and Immigration (UKVI) will want to be assured that you are in a genuine and subsisting relationship. As such, they are always alert to the potential for “sham” marriages or relationships, whereby applicants falsely state they are in an eligible relationship when they are not.

If you are unsure if you meet the requirements for a genuine relationship, speak to one of our immigration solicitors, who will be able to confirm this for you.

2. UK Spouse Visa financial requirement

The UK Spouse Visa application requires the applicant and the UK based partner must have a minimum gross annual income of £29,000. If the applicant has children, there will be no longer additional income requirement.

Only the sources of income listed below will be considered:

  • Income from employment or self-employment
  • Pension of the applicant and/or partner
  • Maternity allowances or bereavement benefits received by the partner in the UK
  • Any other income and/or savings specified by the applicant and/or partner

You can meet the UK Spouse Visa financial requirements by solely relying on cash savings, provided you have at least £88,500 available (increased from the previous requirement of £62,500). You can check our Spouse Visa financial requirement page and How to meet Spouse Visa requirements if you or your partner is self-employed for more detailed explanation.

Exemptions from meeting the financial requirement are available where a sponsor is receiving income from any of the following sources:

  • Disability living allowance
  • Severe disablement allowance
  • Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme
  • Mobility Supplement, Constant Attendance Allowance, or War Disablement Pension under the War Pensions Scheme
  • Police Injury Pension
  • Industrial injury disablement benefit
  • Attendance allowance
  • Carers’ allowance

This means that sponsors will not need to show they earn £29,000 (or more). It is important to note, however, that in the event of a partner qualifying for exemption in line with the above, the applicant will still need to show that they have enough funds to maintain themselves in the UK, as well as having adequate accommodation (while having no recourse to public funds). For further assistance, please speak to one of our immigration solicitors who will be able to advise you.

Read also : Dairy Farming Jobs in Australia 2024: With Visa Sponsorship : A Comprehensive Guide

3. English language requirement

As a partner and UK Spouse Visa applicant, you will need to show that you have sufficient knowledge of the English language; this can be achieved in 3 ways:

  • Passing an English language test: you will meet the English language requirements if you pass a Common European Framework of Reference for Languages (CEFR) English test from an approved testing centre. This must be at least level A1 in speaking and writing. If you wish to extend your stay in the UK at a later date, you will need to be able to pass at least a CEFR level A2 to show continuing improvement in line with the time that you have been in the country.
  • Academic qualifications: you will also meet the English language requirements if you have a degree or other academic qualification which was taught in English.
  • Exemption: you will not need to meet the English language requirements if you are exempt, including if:
    • You are over 65 years of age
    • You have a physical or mental condition that prevents you from meeting the requirement
    • You come from any of the following countries: Antigua and Barbuda, Australia, the Bahamas, Barbados, Belize, Canada, Dominica, Grenada, Guyana, Jamaica, New Zealand, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Trinidad and Tobago, USA

For more information, please check our detailed guidance for English Language Requirement for Spouse Visa

4. Accommodation requirements

Applicants must show they have suitable accommodation in the UK and that it:

  • Is owned or occupied exclusively by the applicant and their family members
  • Has sufficient living space
  • Meets any public health requirements

You can check our Spouse Visa accommodation requirement page for more information

Read also : Restaurant Manager Jobs in Canada 2024: With Visa Sponsorship

UK Spouse Visa required documents checklist

You will need to provide several documents with your visa application, these may include:

  • Completed application form and application fee
  • Valid passport
  • Previous passports
  • Evidence of your genuine and subsisting relationship (e.g. shared bills, photographs, correspondence, messages).
  • Proof you meet the English language requirements (e.g. CEFR exam certificate).
  • Two passport-sized colour photos that are in line with the requirements set by the UK.
  • Proof you meet the financial requirements (e.g. bank statements, savings statement, wage slips)
  • Details of any previous immigration applications, if any
  • Details of any criminal convictions
  • Your national insurance number (if you have one)
  • Proof of accommodation in the UK
  • Biometric information (fingerprints and a digital photograph).
  • Tuberculosis test results if from a country where you have to take the test

To ensure you receive a positive decision on your partner and UK Spouse Visa application, it is essential that you provide all of the evidence and documentation required by UKVI. Failure to provide all items in the correct format (and properly translated where necessary) may lead to refusal or delay of your visa.

Given the complexity of the partner and UK Spouse Visa documentation requirements, we recommend seeking legal advice from a family immigration solicitor before submitting your application. Our team will ensure that all evidence necessary for your application is provided to UKVI and any errors or omissions are corrected. Call us on 0203 740 7920 for advice on your partner/UK Spouse Visa.

How to apply for a UK Spouse Visa

The application process for a UK partner and UK Spouse Visa is completed online (on the Home Office website). The application steps are as follows:

  1. Check your eligibility for a partner and UK Spouse Visa
  2. Prepare the documents you will need to prove your eligibility
  3. Complete the online application form
  4. Pay the application fee (see below)
  5. Upload any documents required to support your application
  6. Arrange a biometric appointment to have your fingerprints and photo taken
  7. Attend an interview if invited

Read also : Plumber Jobs USA 2024: Work in New York with Visa Sponsorship

UK spouse visa fee / cost in 2024

The UK spouse visa application fee in 2024 is £1,258 if your application is made inside the UK and £1,846 if your application is made outside the UK. Other costs include Immigration Healthcare Surcharge £1,035 for each year and biometric fee £19.20. The super priority service charge is £1,000 if you want to get a decision by the end of the next working day.

Spouse visa extension

After the initial period of 2 years and 9 months, it is possible to further extend a partner and spouse visa for a further 2 years and 6 months. You must be in the same eligible relationship with your UK based partner, and you must apply before your current visa expires.

Spouse visa to ILR

Once you have resided in the UK for 5 years on your partner and spouse visa, you will be able to apply for Indefinite Leave to Remain (ILR). This will mean you can remain permanently in the UK and will no longer be subject to immigration control. To gain ILR, you will need to:

  • Have lived in the UK for 5 years on a family visa as a partner
  • Have lived with your partner since you last renewed your visa
  • Be in a genuine and subsisting relationship with your partner
  • Intend to continue your relationship after you apply for ILR
  • Meet the English language and Life in the UK requirements
  • Prove you have suitable accommodation
  • Continue to meet the financial requirements

For more information, please find our article: how to apply for ILR as a spouse visa holder

Spouse visa refused

There are several grounds on which an application for a spouse/partner visa may be refused, including if:

  • The Secretary of State determines that the exclusion of an applicant from the UK is conducive to the public good
  • The applicant is subject to a deportation order as of the date of application
  • The exclusion of the applicant from the UK has been deemed conducive to the public good as a result of the applicant’s conduct, character, or association
  • Without a reasonable excuse, the applicant failed to show up for a compulsory interview, provide specified information, undergo a medical examination, or report when required to do so. It is immaterial whether the misrepresentation is intentional or known to the applicant or not
  • It is undesirable to grant entry clearance for medical reasons
  • The mandatory IHS surcharge, alongside other compulsory charges, have not been paid or have failed
  • You have not provided sufficient evidence of maintenance and accommodation

For more information on spouse visa refusal, please see our article: spouse visa refusal common reasons and appeal process

If your partner or spouse visa application has been refused, speak to one of our immigration Solicitors, who will be able to advise on the best steps to take to ensure a successful outcome of your case.

Read also : Urgent: Carpenter Helpers Needed in USA with Visa Sponsorship 2024

Reference:

  • What is the processing time for a spouse visa?
    • You can expect to receive a decision within 12 weeks of attending your appointment at the visa application centre. How fast the processing of your visa will depend on what country you are applying from. If time is of the essence, you can pay an extra £800 for the Super Priority Service. This will ensure you receive a decision on the next working day in most cases.
  • Can I sponsor my partner if I don’t have a job?
    • You can sponsor your partner as long as you both meet the financial requirements for a spouse visa, there is no requirement for you to have a job. This may be through savings or income from other sources (such as rental income and investments).
  • How long can I stay outside of the UK on a spouse visa?
    • Under the current immigration rules, there is no limit on the length of any absence if you hold a partner and spouse visa. This is because family visa holders are exempt from the 180 day absence period rule to gain ILR. That said, it is important to understand that when applying for a partner and spouse visa, you state your intention to live with your partner in the UK. Any prolonged absence may jeopardise your visa extension or ILR application.
  • How much savings do I need for a UK spouse visa?
    • To use savings towards the minimum income requirement for a partner and spouse visa, you will need savings of over £16,000. If you have enough savings (£88,500), you will not need to show evidence of any income. When submitting your application for a spouse visa, you will need to make and sign a declaration of the source of your cash savings.
  • Can I work on a UK spouse visa?
    • Yes, you will be free to work full or part-time in the UK on a spouse visa.
  • Can I claim benefits if I hold a spouse visa?
    • No, a spouse visa holder is not able to claim state benefits, including universal credit, tax credits, or housing allowance.
  • Can I add my child/children to my spouse visa application?
    • No, a spouse visa holder is not able to claim state benefits, including universal credit, tax credits, or housing allowance.

#nexaeurope

Contact Me








1 thought on “UK Spouse Visa 2024: A Comprehensive Guide”

Leave a Comment