Spouse Visa

The Spouse/Partner visa is preferred for an individual who wants to reside in the UK with their partner (a British citizen or a settled person in the UK) who they are married to (or into civil partnership with). This could be for both, opposite and same-sex couples and hence there are some relaxations in meeting some of the requirements as mentioned below.

Fill out our short enquiry form now, and our immigration lawyers will offer you a free 15-minute consultation.

Eligibility:

You and your partner must be over 18 & in a genuine relationship with each other for at least two years till date.

Your partner must be either:

British or Irish citizen,
Have settled or pre-settled status (EUSS) in the UK
Have Turkish Businessperson visa or Turkish worker visa
Have protection status
Have permission to stay as a stateless person

Please see the exceptions in section (F) below if this is not the case for you.

Requirements

a. Relationship

You and your partner must have met each other in person. Staying into contact online does not suffice in Spouse visa or Partner visa.
Any previous marriages or civil partnerships have ended for you and your partner respectively.
You shall be able to prove genuine relationship (one which is like marriage or civil partnership and not just a formality) between you & your partner that has existed for at least two years. Please note that the caseworkers at the UKVI department can easily filter through the possibility of pretence relationships.
You intend and your partner intend to live together permanently in the UK.
You and your partner are not related to each other.

Documentary evidence needed to prove this shall be discussed below in the documents section.

b. Finance

If you are applying for the first time (after 11 April 2024):
There have been significant changes in family immigration rules recently that have been put into effect from 11 April 2024. The minimum income requirement will continue to increase later on; therefore, you must apply now in order to avail the low income-requirement threshold. Following are the current criteria for new applicants.

You and your partner must prove at least £29,000 of combined gross annual income (under ‘minimum income requirement’). This could include any foreign employment, self-employment, property rents, dividends, pension or even allowances and bereavement benefits (under ‘adequate maintenance’) received by the partner in the UK.
Savings can also contribute to this requirement only if they are above £16,000 by using this equation:
([Savings] minus £16,000) divided by 2.5 = [Amount that can contribute to meeting financial requirement]
If you are accompanied by a child, you no longer need to prove additional income for child dependant(s) after 11 April 2024 pursuant to recent changes in immigration rules.

If you are applying for an extension:

Considering you first applied as Unmarried Partner before 11 April 2024, you only need to meet the past minimum income requirement and the new rules do not apply to you.

You and your partner must prove at least £18,600 of combined gross annual income (under ‘minimum income requirement’). This could include any foreign employment, self-employment, property rents, dividends, pension or even allowances and bereavement benefits (under ‘adequate maintenance’) received by the partner in the UK.
Savings can also contribute to this requirement only if they are above £16,000 by using this equation:
([Savings] minus £16,000) divided by 2.5 = [Amount that can contribute to meeting financial requirement]
If you are accompanied by a child, then you must prove an additional yearly amount of £3,800 for the first child and £2,400 for any additional child. This is save for children who are British/Irish, pre-settled or permanently settled in the UK.

(Please confirm with us for children with EU, Iceland, Liechtenstein, Norway, or Switzerland citizenship).

Documentary evidence needed to prove this shall be discussed below in the documents section.

c. Qualification (English language)

You can meet this by either:

Taking an approved English language test such as IELTS (varies depending upon route & your location -please confirm with us) where you need to score at least CEFR level A1 (if you are applying for the first time) and at least CEFR level A2 (when applying for an extension – showing you have improved your English language skills),
Or if you have an academic qualification or degree taught/researched in English. If this is from outside the UK then you will also need an Ecctis certificate whereby it depends on your location of qualification if whether you need a Statement of comparability or Visa and nationality service.

Documentary evidence needed to prove this shall be discussed below in the documents section.

d. Accommodation

e. Documents

Following is the brief guide on all the documentary evidence you will need to prove the abovementioned requirements:

Relationship: Marriage certificate or Civil Partnership certificate, personal statements of you & your partner, shared address & bills to that same address, bank statements confirming same address/ joint bank accounts, photographs together, communication proofs, divorce certificate from any previous marriages and optionally any other document that comes from government, doctor, or any professional attesting to your relationship. Additionally, Witness Statement from friends and family that support your relationship. Proof of cohabitation and shared finances between you & your partner if any.
Income: Employment letter, pay slips, bank statements, dividend proofs, receipts, P60/P45 etc. (depends on different categories of employment).
Savings: Signed declaration of the source.
Qualification: Test certificate, Degree certificate or official transcript.
Accommodation: Title Registry, tenancy agreement and letter from landlord for no objection, council tax bill etc.
Tuberculosis: TB test certificate if you are applying from a country listed under Appendix T.
Mandatory documents: This includes all the conventional documents for identity & travel like passport, current/previous BRP (if you are extending this visa) & passport sized colour photos of the Applicant etc.

Our associates will help you collate all these documents and make sure these are submitted to UKVI on your behalf when you apply. Sign up through our enquiry form now to receive a free consultation on your matter.

f. Exceptions to any of the above

If your partner receives certain benefits (confirm the types from us) then you do not need to meet the Minimum Income Requirement, but you must be able to prove that you and your partner (including dependants if any) can support your housing costs without access to additional public funds.
If you are above 65, or suffering from a physical or mental condition which prevents you from meeting English language requirement then you are exempted.
If you are from a majority English speaking country, then you may not need to meet the English language requirement.
If you have a child in the UK who has lived there for 7 years and their eviction is unreasonable, or that child is British/Irish citizen then you are exempted from proving financial & English language requirement.
You are also exempted from financial & English language requirements if your eviction or prevention from coming to the UK would breach your Human rights.

Application Timeline & Fees

Following are the Home Office fees & expected time for Unmarried Partner visa decision that varies depending on where you are applying from:

Same for additional family members/dependants added to your application.

Immigration Health Surcharge

In addition to the Home Office application fee, you might also need to pay healthcare surcharge under this route in order to avail free NHS -this is not optional and varies for several factors:

Adult 33 months £3,105 (this is when you apply for the first time as a partner/entry clearance)
Adult 30 months £2,587.50 (this is when you apply for an extension as a partner/ switch to this visa)
Child 33 months £2,328 (when you apply for the first time as a dependant of a partner)
Child 30 months £1,940 (when you apply for an extension as dependant/switch to this visa)

Urgent procedure

If you wish to skip the queue and get a faster decision from the Home Office, you can also choose from the following services:

Same for additional family members.

*The timeline & fees abovementioned does not include or specify our processing time for your application and legal services fee at any point, and it shall be conveyed to you after consultation.

Please note:

A decision may take longer if the Home Office needs to request additional information from you or verify your details with other government departments. You will be informed if this occurs.

In the event of a delayed decision, you will typically not receive a refund. However, you can inquire about obtaining a refund for your priority service fee.

Route to Citizenship

The time it will take for you to gain British citizenship depends on the route you are on. There are basically two routes for family-based immigration:

5 year -This is the default route for all cases where the Applicant meets all the visa requirements for the 5-year qualifying period.

10 year -This is the fallback option when the Applicant does not meet the requirements of visa during any time of the qualifying period and relies on discretionary leave under exception paragraph, they must complete 10 years in the UK before applying for Indefinite leave to remain i.e. settlement.

Rights & Limitations

During your time in the UK as Unmarried partner you will be able to work or study.

Moreover, you will also be having free access to (NHS) Healthcare during your time in the UK, but this does not apply to prescriptions, dental treatment, eye treatment and assisted conception.

However, you shall not be able to access the welfare benefits from Public Funds until you gain settlement status.

Start your Application

Take the first step towards your future by starting your application with us. We understand that Spouse/Partner visa requirements are complex, meaning it requires proper documentation and strong legal representations to support the application. Therefore, we highly recommend that you leave that to experts and relax! Our expert lawyers will guide you through the process, ensuring all documents are checked and the necessary evidence is provided to UKVI while addressing any potential issues.

Reach out to us at info@visamerch.com or fill out our short form for a prompt response and a free 15-minute consultation with our appointed immigration lawyer!

Source: Gov.uk

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Frequently Asked Questions

We are here to address all your questions during consultations, however here are answers to some of the most commonly asked questions:

Ask your question

Can I still apply if my partner is overseas and not currently in the UK?

What if I have been in relationship for less than two years with my partner?

Can I switch from 10-year to 5-year route?

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