Spouse Visa

The UK Spouse Visa is designed for non-British individuals who are partners of UK British citizens or permanent residents (Indefinite Leave to Remain Holders), allowing them to live and work in the UK. This visa applies to married couples, in a recognised civil partnership, or planning to officially marry or enter into a civil partnership in the UK within six months (also known as a fiancé visa). Although this visa is known by various names, such as partner visa or marriage visa, the criteria for eligibility are quite strict. These stringent requirements can sometimes cause legal challenges and stress for applicants. We aim to guide you through these requirements with clarity and precision, helping ease the process and reduce any potential distress.

To be eligible for a UK Spouse Visa, there are several important criteria that both the applicant and their UK-based partner need to meet. Understanding these requirements is crucial to ensure a successful application:

• Age Requirement: Both partners must be over 18 years old.
• Relationship Status: Applicants must be in a legally recognised relationship with a UK citizen or someone who has settled status in the UK. This means you need to be either legally married or in a civil partnership. If you’re engaged, you must have plans to marry or form a civil partnership within six months of arriving in the UK.
• Personally Met: It’s important to demonstrate that the couple has met in person. This is a key requirement to validate the genuineness of the relationship.

Applying for a UK Spouse Visa involves fulfilling a set of critical requirements. These are designed to verify the authenticity of the relationship and ensure that both partners can maintain a stable life in the UK without excessive reliance on public resources. Here are the main elements you need to consider:

A)   Proving a Genuine Relationship

Demonstrating the authenticity of your relationship is a cornerstone of the UK Spouse Visa application. It’s vital to provide clear, convincing evidence that your partnership is genuine and ongoing. Here are some key types of evidence that can be used to support your application:

• Shared Children’s Documents: If you have children together, presenting their birth certificates or adoption papers can be a strong indicator of a genuine, long-term relationship. These documents establish a shared responsibility and a deep connection between you and your partner.
• Financial Entanglements: When it comes to an extension of a Spouse visa, evidence of joint financial activities such as shared bank accounts, joint savings, mortgages, or tenancy agreements can significantly strengthen your case. This shows a level of commitment and joint responsibility in your relationship.
• Coexistence Proof: Tangible proof of the time spent together is essential. This can include photographs from different times and events, travel documents showing trips taken together, and other forms of documentation that demonstrate you have been living your life as a couple.
• Communication Logs: In today’s digital age, records of your communication can be particularly telling. This can include text messages, emails, and social media interactions. These logs should reflect ongoing and regular communication, showcasing the continuity and depth of your relationship.

B) Financial Requirements in Detail

The financial requirement, a cornerstone of the Spouse Visa application, has been subject to scrutiny and updates. Applicants must demonstrate a minimum annual income of £29,000, which increases to additional £3,800 for one dependent child and an additional £2,400 for each further child. However, there is flexibility in the types of income considered and how they can be combined. These can be met through:

• Employment or Self-Employment Earnings
• Non-Employment Income: Various other sources of income can also be considered. These include pensions, and benefits such as maternity, paternity, adoption, or sickness benefits. Additionally, income from other sources such as investments, property rentals, or pensions can also be considered in meeting the financial requirement.
• Savings: In cases where the financial requirement cannot be met solely through income, savings can be used. For instance, if you don’t meet the £29,000 income threshold, savings of £88,500 are required to compensate. The savings must have been held for at least six months prior to the application. Note that the first £16,000 of any savings are disregarded, and only savings above this amount can contribute towards meeting the financial threshold.
• Combination of Earnings and Savings: In some cases, you may need to use a combination of both earnings and savings to meet the financial threshold, a calculation involving savings and earnings may be necessary.
• Benefit Consideration: In specific situations, certain UK benefits received by the sponsoring partner can be included towards meeting the financial requirement. This is particularly relevant if these benefits demonstrate the couple’s ability to support themselves without relying on further public funds. It’s important to note which benefits are applicable and how they factor into the overall financial assessment.

C)   English Language Requirement in Detail

The English language requirement is a key part of the UK Spouse Visa application process. Applicants are expected to demonstrate a certain level of English proficiency at both the initial application and extension stages.

• Proficiency Levels: Initially, applicants must show English proficiency at the A1 level, as per the Common European Framework of Reference for Languages (CEFR). For visa extensions, a higher proficiency at level A2 is required. These levels ensure that applicants have fundamental communication skills necessary for daily life in the UK.
• Exemption for Certain Countries: Citizens of certain countries are exempt from the English language requirement. Nationals from these countries are not required to provide additional proof of English language skills.
• Overseas Degrees Taught in English: If you wish to rely on a degree taught in English from an overseas institution to satisfy the English language requirement for a UK spouse visa, you must obtain an English Language Proficiency Statement from ECCTIS (formerly known as UK NARIC). This certification confirms that your degree was taught in English and meets the necessary standards.
• Approved Tests and Qualifications: To meet the English language requirement for a UK spouse visa, you must provide evidence of your proficiency through a Secure English Language Test (SELT) approved by the UK Home Office. It’s crucial to ensure the test or qualification you choose is from an approved provider.

If you are in the UK, you can take a SELT with one of the following providers:

• • LanguageCert
  • Pearson
  • Trinity College London
  • IELTS SELT Consortium

If you are outside the UK, you can take a SELT with one of the following providers:

• • LanguageCert
  • Pearson
  • PSI Services (UK) Ltd – Skills for English (UKVI)
  • IELTS SELT Consortium

D)   Accommodation Standards

Recent updates to the UK Spouse Visa application process have brought more clarity to the accommodation requirements. These requirements emphasise the need for adequate and suitable living conditions for visa applicants and their families, focusing on avoiding overcrowding and ensuring safety standards. Here’s what you need to know:

Adequate Living Space: It’s important for the accommodation to meet the standard space requirements as per the UK Housing Act. This includes specific guidelines on the acceptable number of people per room, ensuring that the living space is not overcrowded.

Proof of Accommodation: Applicants need to provide evidence of their living arrangements. This can include a tenancy agreement, a letter from a landlord, or other relevant documents that prove where the applicant will stay with his/her spouse.

E)      Health and Character Requirements

This requirement is to ensure that individuals entering the UK do not pose a threat to public health or safety. It’s critical to approach these disclosures transparently, as failure to do so can lead to application refusal. Updated guidelines include:

• TB Screening: Applicants from certain countries must undergo tuberculosis testing. The list of countries and testing protocols are periodically updated on gov.uk
• Character Considerations: Enhanced scrutiny of an applicant’s criminal history, including minor offences, stresses the importance of full disclosure and the potential for discretion under particular circumstances.

Understanding the timeline and extension process of the UK Spouse Visa is crucial for planning your future in the UK. Initially, the Spouse Visa is granted for a period of 33 months. To stay in the UK for the full five years, which is the required residency period for applying for Indefinite Leave to Remain (ILR), you will need to apply for an extension after these initial 33 months. Here’s what you need to know about this process:

• Extension for an Additional 30 Months: After the first 33 months, you can apply for an extension of your Spouse Visa for another 30 months. This extension is essential to reach the five-year mark, which is a prerequisite for applying for ILR.
• Re-evaluation of Circumstances: When applying for the extension, your circumstances as a couple will be reassessed. This re-evaluation ensures that you continue to meet all the requirements of the Spouse Visa, including the financial requirements, relationship legitimacy, and any other conditions that were part of your initial visa approval.
• Continued Compliance with Visa Conditions: It’s important to maintain compliance with all the visa conditions throughout your stay.
• Planning for Indefinite Leave to Remain (ILR): After living in the UK for five years on a Spouse Visa, you may be eligible to apply for Indefinite Leave to Remain. This grants you permanent residency in the UK, but it comes with its own set of criteria that you will need to meet.

Not all Spouse Visa applications fit neatly into the standard criteria. For those facing insurmountable obstacles to meeting the financial requirement or other eligibility criteria, the 10-year route offers an alternative pathway. This option is particularly suited for cases where there are compelling reasons for the applicant to remain in the UK.

Dealing with a visa refusal can be disheartening, but it’s important to approach the situation proactively and understand your options. Here’s how you can respond to a UK Spouse Visa refusal:

• Understanding the Grounds for Refusal: The first step is to thoroughly understand the reasons for the refusal. The refusal notice should detail why your application was not successful. It’s crucial to review these reasons carefully as they will guide your next steps.
• Appeals: In some cases, you may have the right to appeal the decision, especially if you believe that the refusal was based on an incorrect interpretation of the law or if there was a failure to consider relevant evidence. An appeal is a legal process where your case is reviewed by a tribunal.
• Fresh Application: Often, the most recommended course of action is to reapply for the visa, particularly if the refusal was due to missing or insufficient documentation or information. When reapplying, it’s essential to address each point of refusal thoroughly. This involves providing additional or new evidence to counter the reasons for the initial refusal.