Spouse Visa UK (Requirements, Fee, And Documents) 2024

The spouse visa UK allows individuals to join their partners in the United Kingdom. This visa applies to non-UK residents whose partners are British citizens, have indefinite leave to remain (ILR), or have permanent residency status. Our comprehensive guide below will help you understand every detail of the UK spouse visa process, requirements, fees, and frequently asked questions, ensuring clarity and assistance throughout your journey.

What is a UK Spouse Visa?

A spouse visa UK, also known as a UK partner visa, is a visa that allows the spouse or partner of a British citizen or a person with settled status to live in the UK. This visa is applicable for married couples, civil partners, and in some cases, unmarried couples who have been in a long-term relationship.

Key Benefits of the UK Spouse Visa

• Right to Live and Work in the UK: The spouse visa grants the right to live and work in the UK for an initial period of 33 months.
• Pathway to ILR and British Citizenship: After five years in the UK on a spouse visa, individuals can apply for indefinite leave to remain (ILR), ultimately leading to British citizenship.
• Access to NHS and Public Benefits: Spouse visa holders have access to the National Health Service (NHS) and public benefits once they obtain ILR status.

Eligibility Criteria for the UK Spouse Visa

To apply for a spouse visa, applicants and their partners must meet several requirements, which we outline below.

Relationship Requirements

The relationship between the applicant and their UK-based partner must be genuine, and the following criteria must be met:

• Legal Marriage or Civil Partnership: The couple must be legally married or in a civil partnership recognized in the UK.
• Living Together for at Least Two Years: Unmarried partners must prove they have lived together for at least two years.
• Commitment to Living Together in the UK: Both parties must demonstrate an intent to live together permanently in the UK.

Minimum Age for a Spouse Visa

You and your partner must both be over the age of 18 on the date when you submit your Spouse Visa application.

Financial Requirements

The UK spouse visa application requires proof of financial stability, ensuring that the applicant and their partner can support themselves without relying on public funds.

• Minimum Income Requirement: The financial requirement for a UK Spouse Visa application states that, unless exempt, 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. 
• Alternative Sources of Income: Savings, investments, or income from self-employment can count towards meeting the financial threshold.
• Exemptions: If the UK-based partner receives specific disability benefits, the income requirement may be waived.

English Language Requirement

Applicants must demonstrate English proficiency at the A1 level of the Common European Framework of Reference (CEFR).

• English Language Test: Most applicants will need to take an approved English language test, such as IELTS.
• Exemptions: Citizens of majority English-speaking countries or those with a degree taught in English may be exempt from the test.

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.

Intention to Live Together Permanently in the UK

For the UK Spouse visa, it is a mandatory requirement that the applicant and UK sponsor have the intention to live together permanently in the UK. At the initial Spouse Visa application stage this will require a clear commitment from both of you that you will live together permanently in the UK immediately following the outcome of your Spouse Visa application or as soon as circumstances permit thereafter.

How to Satisfy the UK Spouse Visa Financial Requirement?

To meet the UK Spouse Visa financial requirement, applicants can demonstrate their eligibility through various sources of income. Here’s a breakdown of the qualifying options:

• Employment Income
  • Salaried or Non-Salaried Employment: Income from employment by the UK sponsor (or the applicant if they have UK work authorization).
  • Documentation must show a stable income meeting the required threshold.
• Non-Employment Income
  • Rental Income or Dividends: Income from property rentals, dividends from shares, or similar assets may be used to meet the requirement.
• Cash Savings
  • Applicants or their sponsors may rely on cash savings exceeding £16,000. These savings must be held for at least 6 months and accessible to the sponsor/applicant. Different thresholds may apply for entry clearance, extension, and indefinite leave to remain (ILR).
• Pension Income
  • State, Occupational, or Private Pension: Pension income from the sponsor or applicant can be used to meet the financial requirement.
• Self-Employment Income or Specified Company Income
  • Income from self-employment or a limited company in which the sponsor (or applicant with UK work authorization) is a director or employee can be considered.
• Combining Income Sources
  • Applicants can combine income sources to meet the financial threshold, such as combining salary with rental income or savings.

Important Notes:

• State Benefits and Exemptions: In some cases, applicants may have different requirements if the UK sponsor is receiving certain state benefits.
• Savings Requirement Variations: The cash savings threshold differs for initial Spouse Visa applications, extensions, and ILR applications.
• Exceptional Circumstances: Under ECHR Article 8, if refusal of a Spouse Visa would breach the right to family life, other credible financial sources or support may be considered.

Our immigration solicitors are highly experienced in navigating the financial requirement rules for UK Spouse Visas and can provide expert guidance on meeting the evidentiary standards. For personalized assistance with your UK Spouse Visa application, contact our immigration lawyers at 01614644140 or complete the enquiry form. We’re here to help you through each step of the process.

Application Process for the UK Spouse Visa

The spouse visa application can be complex, involving multiple steps. Here’s a breakdown of the process:

Step 1: Complete the Online Application

Applicants must complete the spouse visa application form online through the UK government’s official website.

Step 2: Gather Required Documents

Documentation is crucial to a successful spouse visa application. Key documents include:

• Passport and Identity Documents: Valid passports for both applicant and sponsor.
• Proof of Relationship: Marriage or civil partnership certificate, photos, correspondence, and other relationship evidence.
• Financial Documentation: Payslips, bank statements, or proof of self-employment income.
• Accommodation Details: Evidence of adequate housing arrangements in the UK.
• English Language Test Results: Certificate proving English language proficiency, if applicable.

Step 3: Biometrics Appointment

The applicant must attend a biometric appointment to provide fingerprints and a photograph.

Step 4: Submit the Application and Pay the Fees

After completing the application form and uploading the documents, the applicant submits the application along with the visa fees.

Step 5: Decision and Processing Times

Spouse visa processing times vary by country and the type of application. Standard processing can take up to 12 weeks, though priority processing is available for an additional fee.

UK Spouse Visa Fees and Costs

The spouse visa fees as of 2024 are as follows:

• Application Fee: £1,845 if applying from outside the UK; £1,048 if applying from within the UK.
• Immigration Health Surcharge: £1,035 per year, payable upfront for the duration of the visa.
• Priority Processing (Optional): Additional fees apply for faster processing.

Extending Your UK Spouse Visa

After the initial 33 months, spouse visa holders must apply for an extension to continue residing in the UK. The extension application follows similar requirements to the initial application, with an added focus on demonstrating that the relationship has remained genuine and ongoing.

Pathway to Indefinite Leave to Remain (ILR) and British Citizenship

After five years on a spouse visa, holders can apply for indefinite leave to remain (ILR), leading to permanent residence in the UK.

ILR Requirements

• Five-Year Residence: Continuous residence in the UK for five years on a spouse visa.
• Genuine Relationship: Evidence that the relationship remains genuine.
• English Language and Life in the UK Test: Proof of English language proficiency and successful completion of the Life in the UK Test.

Transition to British Citizenship

Once ILR is granted, individuals can apply for British citizenship after one additional year, subject to eligibility criteria.

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UK Spouse Visa Frequently Asked Questions (FAQs)