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Your Ultimate Guide to the UK Spouse Visa Process
Posted: Oct 21, 2024
A UK Spouse Visa, also known as a Partner Visa, allows non-UK residents to live with their British spouse or civil partner in the United Kingdom. This visa allows you to live in the UK and provides the opportunity to work, study, and eventually apply for Indefinite Leave to Remain (ILR) and, ultimately, British citizenship.
The Spouse Visa is granted for an initial period of 33 months if applied for from outside the UK and 30 months if applied for from within.
Do you need any assistance with your UK Spouse visa /UK Partner visa, UK unmarried partner visa, UK civil visa? The SmartMove2UK’s UK Spouse Visa Consultants are here to help you for your successful UK spouse visa application.
Who is eligible to apply for a UK Spouse Visa?To apply for a UK Spouse Visa, you must meet several eligibility criteria:
- Relationship Status:
You must be legally married to or in a civil partnership with a British citizen or someone with indefinite leave to remain in the UK.
- Age Requirement:
Both you and your partner must be at least 18 years old.
- Genuine Relationship:
You must provide evidence that your relationship is genuine and subsisting.
- Financial Stability:
Your partner must meet the financial threshold required to support you without accessing public funds.
- English Language Proficiency:
You must demonstrate that you can speak and understand English to the required level.
- Accommodation:
You must have adequate accommodation in the UK where you and your partner can live together.
This visa is not available to unmarried partners unless they can prove they have been living together in a relationship akin to marriage for at least two years. Additionally, the visa does not cover short-term stays or visits.
Check our Complete Guide to the eligibility requirement for UK spouse visa!
Detailed Eligibility Requirements for UK spouse visa- Genuine Relationship Requirement:
You must prove that your relationship with your partner is genuine and subsisting.
This can include providing a marriage or civil partnership certificate, proof of joint financial commitments, communication records, photos and videos, and travel history.
- Financial Requirement:
Your sponsoring partner must demonstrate that they can financially support you without relying on public funds. The minimum income threshold is currently £29,000 per year (for entry clearance applications after April 2024).
You can meet the financial requirement through various sources, including employment income, savings, pension income, and rental income.
- Accommodation Requirement:
You need adequate accommodation in the UK where you and your partner can live without needing public housing.
The accommodation can be owned, rented, or provided by a family member but must have sufficient space, be safe and suitable, and you must provide proof of ownership or rental.
- English Language Requirement:
You must prove that you can speak and understand English. This is typically done by passing an approved English language test, such as the IELTS Life Skills or the Trinity College London Secure English Language Test (SELT).
Exemptions apply if you are a national of a majority English-speaking country, hold a degree taught in English, or have specific disabilities.
Required Documents for a UK Spouse Visa Application:When preparing your application, gathering the correct documents is vital.
These documents serve as proof of your eligibility and the genuineness of your relationship.
You will need:
- Proof of Relationship
- Financial Documents
- Accommodation Evidence
- Additional Supporting Documents, such as passports, previous marriage divorce certificates, and criminal record certificate.
Watch our video on Preparing Financial Documents for UK Spouse Visa by The SmartMove2UK
How to Apply for a UK Spouse Visa:The application process involves several steps, each of which must be completed carefully to avoid delays or refusals.
- Complete the online application form.
- Pay the application fee.
- Submit supporting documents.
- Attend a biometric appointment to provide fingerprints and photographs.
- Await a decision.
What Happens If Your Application Is Refused?
If your application is refused, you should understand the reasons for the refusal and your options for appeal. Common reasons for refusal include insufficient financial evidence, incomplete documentation, and doubts about the genuineness of your relationship. You may have the right to appeal the decision.
Read our Guide – on what to do next if your UK Spouse visa is refused
Life After Obtaining a UK Spouse Visa:Once you have your Spouse Visa, it is important to understand your rights and responsibilities. You have the right to work and study in the UK, but you cannot claim benefits or public funds.
You must also live with your partner in the UK. After five years on a Spouse Visa, you can apply for ILR, and once you have ILR, you may be eligible to apply for British citizenship after a further 12 months.
Specialist UK Immigration Advisor
The benefits of using a specialist UK Spouse Visa consultant like The SmartMove2UK to help with your application.
They provide tailored advice, can handle complications, act as a liaison with the Home Office, assist with appeals and reapplications, and offer peace of mind.
Important Note:UK immigration rules are subject to change. You should always check the latest guidance on the UK government website or consult with an immigration advisor for the most up-to-date information.
The SmartMove2UK is a specialist immigration law firm with branches in India (Mumbai | Delhi | Bengaluru) led by a specialist Solicitor.