SPOUSE VISA
What is a spouse/partner visa?
If your spouse or partner is a British or Irish citizen, has indefinite leave to remain in the UK or has settled status from the EU Settlement Scheme, you can apply for the UK Spouse/Partner visa to join your spouse/partner to live in the UK. You can also bring your children (under 18) to join you. You can apply for settlement (indefinite leave to remain) after you have lived in the UK continuously for 5 years under this visa.
What are the application requirements?
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You and your spouse / partner must be 18 or over
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You and your spouse / partner must be in a genuine relationship and both of you intend to live in the UK permanently
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if you are married, your marriage must be recognised in the UK
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if you are unmarried, you and your partner must have been living together in a relationship for at least 2 years
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You meet the financial requirement and able to support yourself and your dependant
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You have good knowledge of English
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You will need to show that you have adequate accommodation available for you and your spouse upon arrival in the UK.
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You have passed the Tuberculosis Test and able to provide the test certificate
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Payment of Immigration Health Surcharge (IHS)
How long can you stay?
You can stay in the UK for 2 years and 9 months when you apply for the first entry clearance. After that you need to apply for extension of your visa which allows you to stay a further 2 years and 6 months.
Meeting knowledge of English requirement
You need to prove that you have sufficient level of English except you are under 18, over 65 of from a English speaking country as specified by the Home Office.
To fulfil the requirement, you should either:
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Pass an English test of at least level A1 on the Common European Framework of Reference for Languages (CEFR) scale (equivalent to a Pass in IELTS Life Skills Test Level A1) when you apply for entry clearance (You can choose to take a higher level test); or
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Provide certificate of a degree that was taught in English (if it was from a UK university) and a certificate from Ecctis (formerly UK NARIC) (if the degree was not taught in a UK university)
Meeting financial requirement
If you need to meet the minimum income requirement when you apply for a spouse visa. You must prove that you and your partner have a combined annual income of £18,600. If your non-British children is applying with you to stay in the UK, you will need to prove that you have extra income (an addition of £3,800 for first child, £2,400 for each child you have after the first child). If you rely on savings only, the minimum requirement is £62,500 cash savings for spouse with no children.
You can rely on income from different sources to prove that you meet the requirement, including employment income, non-employment income (e.g. property rental income, dividends, other investments, etc), self-employment income, pension or savings only. How to prove you have the money depends on your source of income. You may also combine different sources of income.
The following table is a simple illusion on how much income you need to have for a successful application. If your income is not simple and straight forward, our experienced team can go through your income with you and advice on your eligibility and help you checking and collating documents as income proof. Please contact us by email to info@rcuklegal.co.uk or using the enquiry button below.
Settlement
You may be eligible to apply for settlement (indefinite leave to remain) if you have lived in the UK continuously for 5 years on your spouse visa. If you had switched from other visa to spouse visa, time spent on other visa will not count towards the 5 years period.
To apply, you need to fulfil the following requirements:
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You have lived in the UK continuously for 5 years on spouse visa
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You and your partner have lived together since you last renewed your visa and intend to continue your relationship after you apply
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You meet the minimum income requirement:
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You have good knowledge of English by having a recognised English qualification with at least level B1 in speaking and listening or a degree taught or researched in English
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You have passed the Life in the UK Test
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You have not breached any immigration rules during your stay.
Citizenship
You can apply for British citizenship by naturalisation once you have indefinite leave to remain status under family route. You don't have to wait for a further 12 months. To apply, you need to satisfy the following requirements:
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Residence requirement:
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You have lived in the UK for at least 3 years before our application ("the 3-year Qualifying Period")
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You were legally present in the UK at the beginning of the 3-year Qualifying Period e.g. If you submit your citizenship application on 1/11/2021, then you must have been legally present in the UK on 2/11/2018.
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You must not spent more than 270 days outside the UK during the 3-year Qualifying Period
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You must not spent more than 90 days outside the UK in the last 12 months of the 3-year Qualifying Period
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Knowledge of English requirement
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an English qualification at B1, B2, C1 or C2 level; or
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a degree taught or researched in English
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You have passed the Life in the UK Test
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You are of good character
If you have been absence from the UK for more than the minimum requirement, the Home Office made exercise discretion to consider your case. You you need help in your application, please contact us by email to info@rcuklegal.co.uk or using the enquiry button below.
Application Fees
The table below shows the application fees and Immigration Healthcare Surcharge (IHS) payable under the family route for EACH applicant (spouse and/or their children). For example, the application fee for a spouse/partner and a child made outside the UK is £3,076. The fee is charged in your local currency. You can also calculate your payable IHS here.
Get in touch with our immigration team today if you need help with your Spouse visa application