UK Spouse Visa - also known as UK Marriage Visa
You can apply under this category if you are a national of a country outside UK and are married to a British or Indefinite Leave holded or an EU/EEA National with Pre Settled/Settled Status and wish to join/accompany/continue to live with your Spouse (Husband/Wife) in the UK. This visa can be applied either from within the UK or from outside the UK.
We advice and represent clients to apply for the Spouse visa. We always come up in the search for a Spouse visa solicitor / lawyer in London.
In order to apply, the following requirements must be met:
Sponsor must be:
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a British Citizen, or
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Settled in the UK (Indefinite Leave to Remain or Permanent Residence holder), or
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EU/EEA National with Pre Settled/Settled Status
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a holder of asylum or humanitarian protection in the UK
Spouse Visa Requirements:
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You must meet the Financial Requirement - see details below
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You must meet the English Language Requirement - see details below
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Relationship Requirement - Your relationship must be genuine and subsisting on the date of the application
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Age Requirement - You and your Spouse must be at least 18 years of age
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Marriage Requirement - You should have a valid and legal marriage certificate
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You and your Spouse must have met each other in person
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You must intend to live together with your Spouse in the UK
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Your and your Spouse's any previous relationships must have permanently broken down (In case of previously married individuals, Final Divorce document required)
Financial Requirement:
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You and/or Your Spouse's Income must be at least GBP 18,600 per year - only you are applying
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You and/or Your Spouse's Income must be at least GBP 22,400 per year - you and one Dependant is applying
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Additional Income of GBP 2,400 per year - for each additional Dependant, who is applying with you
The Financial Requirement can also be satisfied by showing adequate savings. The savings amount depends on the income shortfall. We will calculate this for you during the initial consultation.
English Language Requirement:
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You must have passed an approved English language test, at least or above CEFR level A1 in speaking and listening. This test can be taken anywhere in the world, or
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You must have an academic qualification that was taught in English and is recognised by UK NARIC as being equivalent to or above a UK Bachelor's Degree, or
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You must be Exempt from the English Language Requirement
Dependants on Spouse Visa:
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You can also include your children who are under 18 years of age, to accompany you as your dependants on your Spouse visa.
Where to apply from:
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You can apply from within the UK or from outside the UK
Please note that everyone cannot file their applications from within the UK, only those applicants whose current visa category allows them to switch into the Spouse Visa category can file their applications from within the UK.
You can file from within the UK if you are on the following visas:
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Fiance Visa
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Any Points Based Visa such as Tier 1, Tier 2, Tier 4 (Student), Tier 5 visas.
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Any other visa (except Visitors Visa)
Applicants without any leave to remain cannot file within the UK.
Duration/Validity of the Spouse Visa:
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If you are applying from outside the UK, you are initially given a 33 months visa
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If you are applying from within the UK, you are initially given a 30 months visa
Rights/Obligations whilst living in the UK on a Spouse Visa:
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You can work in the UK without any restrictions. You may establish a business or accept offers of employment without requiring a work permit.
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You / anyone on your behalf, cannot receive public funds to assist you/your dependants with your/your dependants living and accomodation costs.
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You are eligible to study in the UK without any restrictions
Visa Processing time:
For Applications filed within the UK:
UKVI takes about 10 to 12 weeks from the date of attending the Biometric appointment depending upon how busy the UKVI department is, to process the application through the postal application service.
Also, this application can be filed through the Super Priority Service (24 hour decision from the date of appointment ) service by paying additional Super Priority fee of GBP 800.00 per applicant/dependant, whereby the Approval email is sent by UKVI within 24 hours(on working days) decision from the date of appointment and the Biometric Residence Permit (Visa Card) is sent within 3 to 7 working days.
For Applications filed outside the UK:
The UKVI takes about 10 to 12 weeks from the date of application, to process the application under the normal service. Also, this application can be filed through the Settlement Priority Service for an additional fees of GBP 573.00, whereby the processing time is about 6 to 8 weeks, depending upon the country where the application is filed and how busy the UKVI is in that country.
Extending your Visa:
You can extend your Spouse visa for a further period of 30 months, if your relationship is still subsisting. You will be required to provide most of the documents you provided at the time of your first grant along with an addition of Cohabitation documents since your first grant of Spouse visa to show that you have been living together with your Husband/Wife continuously. If you do not have all the cohabitation documents, please contact us to discuss your options.
Applying for Settlement (Indefinite Leave to Remain in the UK):
5 Year Partner Route:
If you and/or your Spouse met the Financial Requirement at the time of filing your Spouse Visa, then you would be granted your Spouse visa under the 5 year partner route. If you and your Spouse continued to be in a relationship and continued to meet the financial requirement throughout the 5 year period, then you may apply for Settlement at the end of your 5 year stay in the UK on a Spouse Visa.
10 Year Partner Route:
If you and/or your Spouse did not meet the Financial Requirement at the time of filing your Spouse Visa, and UKVI considered your case to be appropriate under the 10 year partner route, then you would be granted your Spouse visa under the 10 year partner route. If you and your Spouse continued to be in a relationship throughout the 10 year period, then you may apply for Settlement at the end of your 10 year stay in the UK on a Spouse Visa.
