What is the UK Spouse Visa?
A UK Spouse Visa also called marriage visa is a permit that allows anyone who is not a resident of the United Kingdom to travel into join their spouse or civil partner. This is a valid visa for anyone who wishes to live in the United Kingdom with their partner who is a citizen of the United Kingdom or is settled in UK, is a refugee or has humanitarian protection. Its main aim is reunification of families while at the same time adverse legal and financial conditions that may be a burden to the country’s resources are considered.
Who Can Apply for a UK Spouse Visa?
To apply for UK Spouse Visa you should be married to or in a civil partnership with a person who is either a British citizen, have an indefinite leave to remain in the UK or have settled status under EU Settlement Scheme or you are a refugee or have humanitarian protection in the UK. Again, both partners have to be 18 years and above at the time of filing the application. Also, the relation must be real and existing, and the individuals must have physically met each other at least once.
UK Spouse Visa Requirements for 2024
Genuine Relationship Requirement
The couple has to produce evidence of their relationship coupled with the belie of the relationship. Besides, it is necessary to support the evidence with photographs taken together, records of communications, joint debts, and statements from friends and relatives about the legitimacy of the relationship.
Spouse Visa Financial Requirement
Something that is very essential when considering the Spouse Visa application is the requirement to pass the financial test. The sponsoring partner must prove they earn £ 18,600 per year at least, the home office stated. This amount further rises if the couple has dependant children.
Acceptable Sources of Income
The stepped path of income can be generated from: employee income, self-employment income, saving income, pension income, and non-employment income. The merging of these sources is, however, acceptable depending on the thresholds set for each source type.
Changes in Financial Requirements for 2024
However, for 2024 changes in cost of living and inflation have been made as follows. Candidates should make sure they also meet the emerging financial standards by referring to the current guide lines.
English Language Requirement
ITP applicants applying from non-English speaking countries are required to take and pass English language test at A1 level or have a degree in an English speaking country, taught or researched in English.
Accommodation Requirements
Applicants must also demonstrate that they will have suitable accommodation in the UK that they will not depend on the use of public funds. This has to do with proving that the intended living arrangements are safe, suitable and have met recommended standards of housing in the United Kingdom.
Sponsor Status and Age Requirement
The sponsoring partner must be at least 18 years old and must either be a British citizen, have indefinite leave to remain, or have refugee status or humanitarian protection in the UK.
Prohibited Degree of Relationship Requirement
The couple must not be closely related in a way that would prohibit marriage or civil partnership under UK law. This includes relationships such as siblings, parent and child, or uncle/aunt and niece/nephew.
Requirement to Have Met in Person
Applicants must have met their spouse in person at least once before applying for the visa. This requirement is in place to help ensure the relationship is genuine.
Requirement for Marriage to Be Recognised in the UK
Marriage in the UK
If the marriage or civil partnership took place in the UK, it must comply with UK marriage laws.
Marriage Outside the UK
If the marriage occurred outside the UK, it must be legally recognized in the country where it took place and must comply with UK recognition standards.
Intention to Live Together Permanently in the UK
Both partners must demonstrate a genuine intention to live together permanently in the UK. Evidence may include joint tenancy agreements, shared financial responsibilities, and detailed plans about living arrangements.
Previous Relationship Broken Down Permanently
If either partner has been previously married or in a civil partnership, they must provide evidence that the previous relationship has permanently ended through divorce, annulment, or the death of the former spouse.
UK Spouse Visa Required Documents Checklist
Documents Required to Prove a Genuine and Subsisting Relationship
Photographs of the couple together
Travel itineraries and tickets
Communication records (emails, messages)
Statements from family and friends
Joint financial commitments (bank accounts, leases)
Supporting Documents Checklists
Valid passport
Proof of income
Proof of English language proficiency
Evidence of accommodation in the UK
Marriage or civil partnership certificate
Divorce or death certificate of previous spouse (if applicable)
How to Apply for a UK Spouse Visa
Initial Preparation
Start by gathering all necessary documents and information. Ensure that both partners understand the requirements and have all required paperwork.
Choosing the Correct Application Form
Choose the appropriate form based on your location. Applicants outside the UK will use a different form than those switching from another visa category within the UK.
Completing the Application Form
Fill out the application form accurately, providing all requested information and supporting documents. Double-check for any errors or omissions.
Compiling Supporting Documents
Organize all supporting documents systematically, ensuring that they are clear and legible. Include a cover letter if necessary to explain any unusual circumstances.
Biometrics Appointment
Book and attend a biometrics appointment to provide fingerprints and photographs. This is a mandatory step for identity verification.
Submission
Submit the completed application form and all supporting documents either online or by mail, depending on the application process.
UK Spouse Visa Fee / Cost in 2024
The application fee for a UK Spouse Visa in 2024 is approximately £1,538 if applying from outside the UK and £1,048 if applying from within the UK. Additional costs may include the healthcare surcharge and fees for any required English language tests or document translations.
UK Spouse Visa Processing & Decision Waiting Times
Processing times for UK Spouse Visas can vary. Typically, applications submitted outside the UK take around 12 weeks, while applications from within the UK may take up to 8 weeks. Priority services are available for an additional fee to expedite the process.
What if My Spouse Visa Application Is Refused?
Reasons for Refusal
Common reasons for refusal include insufficient financial evidence, lack of proof of a genuine relationship, or failing to meet accommodation requirements. Errors in the application form can also lead to rejection.
How to Appeal or Overturn a Spouse Visa Refusal
If your application is refused, you can appeal the decision or request an administrative review. It’s crucial to understand the reason for refusal and address any issues in the appeal process.
Spouse Visa Extension
Spouse Visa holders can apply for an extension before their initial visa expires. The extension is typically granted for another 2.5 years, provided that the couple continues to meet all the requirements.
Switching Into the Spouse Visa Route From Within the UK
If you are in the UK on a different visa, you may switch to a Spouse Visa, provided you meet the eligibility criteria. This includes demonstrating a genuine relationship, adequate financial resources, and appropriate accommodation.
Indefinite Leave to Remain as a Spouse
After living in the UK for five years on a Spouse Visa, you may be eligible to apply for Indefinite Leave to Remain (ILR), allowing you to stay in the UK permanently without further visa renewals.
Working in the UK on a Spouse Visa
Spouse Visa holders have the right to work in the UK without any restrictions. This includes employment, self-employment, and voluntary work.
Duration of a UK Spouse Visa
The initial Spouse Visa is typically granted for 2.5 years. After this period, you can apply for an extension for another 2.5 years, and eventually for Indefinite Leave to Remain.
Benefits and Privileges of Holding a UK Spouse Visa
Holding a UK Spouse Visa offers several benefits, including the right to work, access to healthcare, and the ability to travel in and out of the UK without restrictions. Additionally, it provides a clear path to permanent residency and eventual British citizenship.
Need Assistance With Your Spouse Visa Application?
Expert Advice & Representation from Immigration Barristers
Navigating the complexities of a UK Spouse Visa application can be challenging. Expert immigration barristers can provide tailored advice, ensuring that all requirements are met and increasing the likelihood of a successful application.
How Our Immigration Barristers Can Help
Our immigration barristers offer comprehensive support, from initial consultation to document preparation and application submission. They can also assist with appeals and administrative reviews if your application is refused.
Get In Touch
Connect with Us
For more personalized advice and assistance with your UK Spouse Visa application, contact us through our website: https://www.msdsolicitors.co.uk/contact-us.
Frequently Asked Questions
How Can I Get Married in the UK?
To get married in the UK, you need to give notice at your local register office at least 29 days before the wedding. You must provide valid identification and proof of residence.
Where Can I Apply for A UK Spouse Visa?
You can apply for a UK Spouse Visa from your home country or from within the UK if you are already legally present on a different visa.
How Do I Apply for a UK Spouse Visa?
The application process involves filling out the appropriate form, providing supporting documents, attending a biometrics appointment, and submitting the completed application for review.
Will My Overseas Marriage Be Recognised by the Home Office?
As long as your overseas marriage complies with the legal requirements of the country where it took place and is recognized in that country, it should be recognized by the Home Office in the UK.
When Can I Apply for a British Passport?
You can apply for a British passport once you have obtained British citizenship, which typically requires holding Indefinite Leave to Remain for at least one year and meeting residency requirements.
What if I Cannot Satisfy the Requirements for a UK Spouse Visa?
If you cannot meet the requirements, you may seek legal advice to explore alternative visa options or ways to address the deficiencies in your application.
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