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What you need to know
The UK spouse visa allows the husband, wife or civil partner of a British citizen, person with UK settled status or another qualifying sponsor to live in the UK with their partner.
The visa can be applied for from outside the UK or, where permitted, from within the UK. If granted, it generally allows the applicant to live, work and study in the UK for the duration of their permission.
The Spouse Visa is normally granted for an initial period of 2 years and 9 months when applying from outside the UK, or 2 years and 6 months when extending or switching from within the UK. Further permission can then be granted, subject to meeting the relevant requirements.
Who can apply?
To qualify for a UK spouse visa, you will generally need to demonstrate that:
- You and your partner are both aged 18 or over.
- You are legally married or in a civil partnership recognised in the UK.
- Your relationship is genuine and subsisting.
- You and your partner intend to live together permanently in the UK.
- Your partner is a British citizen, is settled in the UK, has certain types of pre-settled status, or otherwise meets the relevant Immigration Rules.
- You meet the applicable financial requirements.
- You meet the English language requirement, unless an exemption applies.
- You have suitable accommodation available for you and your partner.
- You satisfy the relevant suitability requirements.
- Any previous marriage or civil partnership has permanently ended.
Genuine and subsisting relationship
One of the most important requirements of a spouse visa application is demonstrating that your relationship is genuine and subsisting.
The Home Office may consider the history of your relationship and the circumstances of your life together when assessing your application. Depending on your circumstances, relevant evidence may include marriage or civil partnership documents, photographs, travel records, correspondence, communication records, evidence of visits, joint financial commitments, evidence of living together and other documents demonstrating the nature of your relationship.
If you and your spouse currently live in different countries, this does not automatically prevent you from qualifying. However, it is important to provide appropriate evidence explaining your circumstances and demonstrating that your relationship is genuine and continuing.
Financial requirement
For most new spouse visa applications, the sponsoring partner must demonstrate a gross annual income of at least £29,000.
Depending on your circumstances, the financial requirement may be met through qualifying employment or self-employment income, cash savings, pension income, non-employment income or a permitted combination of sources.
The evidence required will depend on how the financial requirement is being met. For example, where employment income is relied upon, you may need to provide payslips, bank statements and an employer's letter. Different documentary requirements apply where the sponsor is self-employed, a director of a limited company or relying on savings or other sources of income.
There are also specific provisions where the sponsor receives certain disability or carer's benefits. In some circumstances, applicants who cannot meet the standard financial requirement may still be able to qualify under the Immigration Rules on human rights grounds.
English language requirement
The applicant will generally need to demonstrate knowledge of English to the required level unless an exemption applies.
For a first Spouse Visa application, this will normally mean demonstrating English by passing an approved Secure English Language Test (SELT), unless the applicant qualifies for another permitted method of demonstrating their English language ability.
The English language requirement can increase when applying for further permission and settlement, so it is important to understand the requirements that will apply throughout your immigration journey.
There are exemptions in certain circumstances, including for nationals of specified majority English-speaking countries and applicants who hold a qualifying degree taught or researched in English.
Accommodation requirement
You must demonstrate that adequate accommodation will be available for you, your spouse and any dependants without relying on public funds.
The accommodation must be suitable and must not breach the relevant overcrowding or accommodation requirements.
Depending on your circumstances, evidence may include a tenancy agreement, mortgage or property ownership documents, council tax records, utility bills, a letter from the property owner or other relevant evidence.
TB testing
Depending on the country where the applicant has been living, they may be required to obtain a valid Tuberculosis (TB) certificate from a Home Office-approved clinic before submitting their application.
Whether a TB certificate is required depends on the applicant's country of residence and immigration circumstances.
Previous immigration history and suitability
Your previous immigration history and personal circumstances may also be relevant to your spouse visa application.
You may need to provide details of previous UK immigration applications, visa refusals, periods of overstaying, breaches of immigration conditions, criminal convictions and other relevant matters.
Previous immigration difficulties do not necessarily mean that you cannot obtain a spouse visa. However, they should be identified and properly addressed as part of your application rather than overlooked.
Children and dependants
If you have children who will be applying with you or joining you in the UK, additional requirements and evidence may apply.
The circumstances of each child must be considered carefully, including their relationship to the sponsor, their immigration status, where they will live and whether they meet the relevant requirements.
Where children are involved, we can assess the family circumstances as part of the initial assessment and advise you on the appropriate immigration route.
The precise documents required will depend on your circumstances and the way in which you satisfy the Immigration Rules. Submitting incomplete, inconsistent or insufficient evidence can lead to delays, requests for further information or a refusal.
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UK immigration law is governed by complex legislation, detailed Immigration Rules and strict Home Office guidance. Every visa category has specific requirements that must be satisfied, and even minor errors or omissions can result in an application being delayed or refused.
Seeking specialist legal advice at the outset can significantly reduce the risk of avoidable mistakes. Applicants who prepare and submit their own applications often underestimate the complexity of the Immigration Rules, increasing the risk of refusal and the loss of substantial Home Office fees.
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