UK Spouse Visa
If you are a British Citizen or you are settled in the UK, meaning that you have obtained Indefinite Leave to Remain (commonly referred to as ILR and also known as Permanent Residence) then your Spouse or Partner will require a UK Spouse Visa to join you in the UK.
Spouse Visa UK Qualifying Requirements
In order to submit a valid UK Spouse Visa application you must be able to meet the following requirements:
- you and your partner are both at least 18 years of age;
- you are married and the marriage is valid under UK law. If you are not married then you must have been living together in a relationship akin to marriage for at least 2 years;
- the marriage is genuine and subsisting;
- you and your partner have met.
The Financial Requirement
You are required to demonstrate that you meet a minimum level of income or available savings. If you are applying outside the UK then only the British Citizen's income can be considered. If you are applying inside the UK then joint income can be considered. The minimum level of income is currently £18,600 per annum and this increases if you have children. Alternatively, or in addition to income, savings can be used to meet the requirement. If you cannot meet this requirement then you should not applying for a Spouse Visa.
The financial requirements can be quite complex, depending on your situation. Our Consultants have extensive experience with these applications and will be able to ensure that your application has the best possible chance of approval.
The English Language Requirement
The applicant must demonstrate that they have a minimum level of English language ability and this requirement can be bet by nationality, having a degree taught in English or an approved English language test. If you cannot meet this requirement then you cannot apply for a UK Spouse Visa.
Settlement - ILR for UK Spouse Visa Holders
After 5 years in the UK with Spouse Visa status you and your children should be able to apply for Indefinite Leave to Remain, (also known as ILR or Permanent Residence). Applicants who applied for a Spouse Visa prior to 8 April 2012 might qualify for Settlement after 2 years in the UK.
If your relationship ends then you may still be able to remain in the UK and qualify for ILR in due course depending on the length of time in the UK and how the relationship ended.
Can I apply for a Spouse Visa while I am in the UK?
If you are in the UK with a visitor visa or other visa granted for less than 6 months then you would usually be expected to leave the UK and submit your UK Spouse Visa application from your home country. In most other cases where you are in the UK with a visa granted for more than 6 months you should be able to submit your visa application from within the UK. If you are currently outside the UK then you should submit your Spouse Visa application from your home country.