If your spouse or partner is a permanent resident in the UK, you may be able to join them in the UK, by obtaining a Spouse Visa.
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What is a Spouse Visa?
A Spouse Visa, sometimes also referred to as a Marriage Visa, or a Partner Visa, allow foreign nationals to join their spouse / partner, and live together in the UK, for an initial period of two and a half years. To enter the UK, on a Spouse Visa, you must prove that you are either married, in a civil partnership, or in a long-term relationship with a British citizen, a permanent resident of the UK, or someone with refugee status or humanitarian protection in the UK.
Who can apply for a Spouse Visa?
You may be able to apply for a Spouse Visa if you are:
- Married to a British citizen, to someone with settled status, residing in the UK, or to someone with refugee status or humanitarian protection, in the UK.
- In a civil partnership with a British citizen, someone with settled status, in the UK, or someone with refugee status or humanitarian protection, in the UK.
- A foreign national who has been living in a relationship, akin to a marriage, for at least two years, with a British citizen, or someone residing in the UK with settled status, or someone in the UK with refugee status or humanitarian protection.
Are there any other requirements for a Spouse Visa?
In addition to the relationship requirements, for a Spouse visa, you must also satisfy the following criteria:
Financial Requirements
The applicant and their partner must have a combined annual income of at least £18,600, along with additional funds to show they can support themselves, in the UK, without relying on the welfare system. To demonstrate that their partner meets the financial threshold, the applicant can provide evidence of their partners employments, cash savings, dividends, investments, or other sources of income. If your partner does not meet the minimum income requirement, but is in receipt of certain benefits, such as the Disability Living Allowance, or the Carer’s Allowance, you may still be eligible to apply for a Spouse Visa.
It’s a good idea to undertake a thorough financial assessment prior to making the application.
Accommodation Requirements
The applicant and their partner will be required to demonstrate that they have adequate accommodation for their needs. This will need to meet a range of standards such as having basic amenities like a kitchen and bathroom, as well as being free from overcrowding.
English Language Requirements
Applicants will need to demonstrate their knowledge of the English language. Unless the applicant is a national of a majority English speaking country, or they hold a degree taught in English, they will be required to pass an approved English language test.
Additional Checks
An applicant may also need to provide a tuberculosis test certificate as part of their application, depending on their country of origin.
Proving your relationship
A key requirement of the spouse visa application process is proving that the relationship between the applicant and their partner is both genuine and ongoing. This requirement is designed to prevent sham marriages and relationships from being used to gain entry into the UK.
There are a number of ways in which an applicant can establish that their relationship is genuine. These include
Evidence of communication
The applicant can provide evidence of communication such as emails and text messages, showing regular contact with their partner.
Evidence of time spent together
Evidence of time spent together can include a range of documents such as flight tickets, hotel bookings, photographs, and other evidence. This is to establish that the applicant and their partner have spent time together in person.
Evidence of shared responsibilities
This can include evidence that a couple shares their finances, or assets. This will typically include joint bank accounts or utility bills, rental, or mortgage payments.
Statements from friends and family
The applicant can support their application with written statements from friends and family members who are willing to vouch for the relationship and to confirm that it is genuine.
The UK government may also request that the applicant and their partner attend an interview to assess the genuineness of their relationship. All of the evidence provided should be accurate and truthful as any inconsistencies or deliberate deceit is likely to result in an application being rejected.
The most common reason for a Spouse Visa application being rejected is that it doesn’t contain sufficient supporting evidence.
How Murria Solicitors can help
The experienced spouse visa solicitors team at Murria can help you or your partner with the application process. From the initial consultation to application preparation and liaising with the Home Office, we can improve your chances of success. Should your initial application be rejected we can provide support and representation with any appeal.
For expert spouse visa advice, please call us on Freephone 0333 800 0033 or send us your enquiry by filling out our contact form.
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