UK Spouse/ Partner Visa

If you want your husband, wide or partner to come and live with you in the UK. They will have to obtain a visa which is known as Spouse/partner visa. This visa offers you an opportunity for non-British partner to live and work in the UK with their British or UK Settled partner. There are different types in this family visa category in the UK; Spouse visa (Wife & Husband), civil partner, unmarried partner, fiancé, fiancée or proposed civil partner. Those may have similar requirements and some of them may have relatively restrictive requirements. This will depend on each personal circumstance to identify which one is the best route to go for.

Our Immigration experts have extensive experience in family visa category and represent clients who are applying for a UK family visa, and we also have a strong track record of winning applications. This article will identify the requirements when applying as a partner or spouse visa in family visa category.

Who can apply for a UK spouse/partner visa?

As a foreigner national, you can apply for a UK spouse/Partner visa if your partner must either:

• A British or Irish citizen

• A settle person in the UK – for example, they have indefinite leave to remain or settled status

• Be from the EU, Switzerland, Norway, Iceland or Liechtenstein and have pre-settled status – they must have started living in the UK before 1 January 2021

• Have a Turkish Businessperson visa or Turkish Worker Visa

• Have refugee status or humanitarian protection in the UK

You must intend to live with you partner in the UK permanently in the UK after you apply.

What are the requirements for a UK Spouse/Partner Visa?

You and your partner both must be 18 or over

Genuine relationship requirement (You must be able to prove one of the following)

• You ‘re in a civil partnership or marriage that’s recognised in the UK

• You’ve been living together in a relationship for at least 2 years when you apply

• You are a fiancé, fiancée or proposed civil partner and will marry or enter into a civil partnership in the UK within 6 months of arriving

Financial requirements

• You and you UK based partner must have combined of a minimum gross annual income of £18,600

• If you need to prove extra money for your children, you will need to have additional £3,800 for your first child and £2,400 for each child you have after your first child

• You may be able to use your savings as an alternative to income.

• You have your partner can use following to prove: Income from employment before tax and NI (Check your payslips or P60), self-employment, cash saving above £16,000, money from a pension, and non-work income such as dividends or property rentals

English requirements

• Applicants need to show they have met the English requirement in speaking and listening

• Pass an approved English language test at least a CEFR level A1 in speaking and listening. The A1 level is only for applicant who apply for a spouse/partner visa at first time. This will be different English requirement for extension

• You will be exempt for English requirement if you have a degree or other academic qualification which was taught in English, or over 65 years old, or physical/mental condition that prevent you to meet the requirement, or come from one of the following listed countries: Antigua and Barbuda, Australia, the Bahamas, Barbados, Belize, Canada, Dominica, Grenada, Guyana, Jamaica, New Zealand, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Trinidad and Tobago USA

Accommodation requirements – the applicant will have to show they have suitable accommodation in the UK, and it is

• Owned or occupied by the applicant and their family members

• Has sufficient space to accommodate the applicant

• Meets any public health and safety requirement

What supporting and required documents do you need to apply for a Spouse/partner visa?

• Completed application form and paid application fees

• Paid Immigration Health Surcharge fees (Unless you apply as a fiancé, fiancée or proposed civil partner visa )

• Valid passport

• Previous passports

• Evidence of your genuine and subsisting relationship (For example, marriage certificate if you have married, share bills, photographs, correspondence, message, travel history and events booking)

• Proof of English requirement unless you are exempt (Degree, CEFR exam certificate)

• Proof of financial requirements (e.g., Bank Statement, saving account, payslips)

• Details of any criminal convictions if any

• National insurance number (If you have one)

• Proof of UK accommodation

• Tuberculosis test result (If you apply from outside the UK)

The listed documents above are general conditions and may be different subject to personal circumstance. Also, the sponsor will be proving different supporting document in support of applicant application

The initial entry clearance visa will be granted for 33 months if applicant make outside the UK and 30 months is made from inside the UK. If you apply as a fiancé, fiancée or proposed civil partner, you will be given 6 months visa to come to UK that enable you to enter your marriage or civil partnership to take place in the UK, after that you will have to switch to spouse visa.

What if my spouse visa is refused?

If you do not prepare your visa application and submit sufficient supporting documents, your visa application will be likely refused by the Home Office. You may be considered to submit a new application with well preparation, or you can make an appeal if you have a ground that show the decision was wrong.

We understand this is stressed when they are forced to against with Home Office. Our Immigration lawyers have the expertise and experience in challenging the Home Office negative decision with strong track record of winning cases.

How Alstern can help?

Immigration laws and rules are constantly changing at all times. This is important to get the latest information. Our Immigration lawyers have years of experience in family visa application with a high success rate. We follow up the changes of immigration law and rules that ensure applicant meet the latest requirements from the Home Office. For more information, please contact us on 020 3923 9188 or email info@alstern.co.uk