If you’re planning to join your partner in the UK, the Spouse Visa is a vital step. At HM & Co. Solicitors, we provide expert guidance to help you navigate the application process smoothly.
A UK Spouse Visa allows non-UK nationals to live with their British or settled partners in the UK. This visa is suitable for individuals who are married to or in a civil partnership with a British citizen or someone with Indefinite Leave to Remain (ILR). The initial visa is granted for 2.5 years (30 months) and can be extended for another 2.5 years, after which you may apply for ILR.
To qualify for a Spouse Visa, you must meet the following requirements:
Relationship: Be legally married to or in a civil partnership with a British citizen or someone settled in the UK.
Age: Both partners must be at least 18 years old.
Intention: Plan to live together permanently in the UK
Financial Requirement: Demonstrate a minimum annual income of £29,000, or have sufficient savings if income criteria are not met.
English Language: Prove proficiency in English by passing an approved test at CEFR level A1 or higher, or by holding a degree taught in English.
Accommodation: Provide evidence of adequate accommodation in the UK without recourse to public funds.
Tuberculosis Test: If applying from certain countries, a TB test certificate may be required.
The financial threshold for sponsoring a spouse is £29,000 per year. If you do not meet this through income alone, you can use cash savings of at least £88,500. Only specific sources of income are accepted, such as employment, self-employment, pension, or certain benefits. Third-party support, like gifts from family, is generally not considered.
Applicants must demonstrate English language proficiency. This can be achieved by:
Passing an approved English language test at CEFR level A1 or higher.
Holding a degree taught in English.
Being a national of a majority English-speaking country.
Some exemptions apply, such as age or certain medical conditions.
You must show that you have suitable accommodation for you and your partner in the UK. This includes:GOV.UK
Proof of ownership or tenancy agreement.
Evidence that the property is not overcrowded and meets public health standards.
Online Application: Complete the application form on the UK government’s website.
Document Submission: Gather and submit required documents, including proof of relationship, financial evidence, English language proficiency, and accommodation details.
Biometric Appointment: Attend an appointment to provide fingerprints and a photograph.
Decision: Wait for the Home Office to process your application. Processing times vary; applications from outside the UK typically take up to 12 weeks, while those from within the UK may take up to 8 weeks.
Once approved, you’ll receive a visa valid for 2.5 years. You can work, study, and access healthcare in the UK. Before your visa expires, you should apply for an extension. After 5 years of continuous residence, you may be eligible to apply for Indefinite Leave to Remain (ILR), and subsequently, British citizenship.
Navigating the Spouse Visa process can be complex. At HM & Co. Solicitors, we offer:
Expert Guidance: Personalised advice tailored to your circumstances.
Document Preparation: Assistance in gathering and reviewing necessary documentation.
Application Support: Help with completing and submitting your application accurately.
Appeals: Support in case of application refusals, including preparation for appeals.
Our experienced team is dedicated to making your journey to join your partner in the UK as smooth as possible.
As a holder of a UK Spouse Visa, you are entitled to:
Reside in the UK with the intention of settling after five years.
Engage in employment or pursue studies without restrictions.
Access the National Health Service (NHS) fully.
Yes, there are certain limitations:
You cannot sponsor family members other than your own children under 18, unless exceptional compassionate circumstances apply.
While your sponsor may be eligible, you, as the visa holder, are not permitted to claim public funds or benefits during your stay.
If your relationship with your sponsor ends and cannot be reconciled, you must either switch to another visa category or leave the UK.
The application fees for a UK Spouse Visa vary depending on whether you apply from within or outside the UK. These fees are subject to change; therefore, it is advisable to consult the latest information using the official Home Office fee calculator.
First, remain calm and obtain a copy of your refusal letter, as it will detail the reasons for the decision. Common reasons for refusal include errors in the application or insufficient evidence. You have the option to:
Address the issues highlighted in the refusal letter and submit a new, improved application.
Challenge the refusal through an appeal process.
It is recommended to consult with an immigration solicitor to determine the most appropriate course of action based on your specific circumstances.
If you require further assistance or personalised advice regarding your UK Spouse Visa application or appeal, please do not hesitate to contact HM & Co. Solicitors.
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