Spouse Visa in UK
Fiancé Visa / Unmarried partner Visa / Same sex partner visa
UK Spouse Visa
The Spouse Visa in UK is designed for married partners of British or Irish citizens, individuals settled in the UK, persons with pre-settled status, those holding a Turkish Businessperson or Turkish Worker visa, and individuals with refugee status or humanitarian protection. This visa allows the spouse to join or stay with their husband or wife in the UK. You can also apply for a Spouse Visa in the UK if your spouse is currently outside the UK but intends to return to the UK with you.
A successful application for a UK Spouse Visa can lead to indefinite leave to remain (ILR) or settlement in the UK after a period of 5 years.
UK Spouse Visa Requirements
To qualify for a Spouse Visa in UK, you must satisfy UK Visas and Immigration (UKVI) that you meet the following criteria:
- Eligibility of Sponsoring Partner: Your partner must be:
- A British or Irish citizen.
- Settled in the UK with indefinite leave to remain (ILR), settled status, or permanent residence.
- Holding pre-settled status under Appendix EU.
- A Turkish Businessperson or Turkish Worker under Appendix ECAA.
- Granted refugee status or humanitarian protection in the UK.
- Age Requirement: Both you and your partner must be over the age of 18.
- Relationship Requirement:
- You and your partner must not be within a prohibited degree of relationship.
- You and your partner must have met in person.
- You and your partner must be legally married in a marriage that is recognised in the UK.
- Your relationship must be genuine and subsisting.
- You and your partner must intend to live together permanently in the UK.
- Any previous relationships must have permanently broken down.
- Financial Requirement: You need to meet a specified financial requirement.
- Accommodation Requirement: There must be adequate accommodation available for you and any dependents.
- English Language Requirement: You must demonstrate an ability to speak and understand English to a required level.
Status of Sponsoring Partner
Your partner must fall under one of the following categories:
- British or Irish citizen: They must be present in the UK, or planning to return with you as their spouse.
- Settled status: They should have indefinite leave to remain, settled status, or permanent residence.
- Pre-settled status under Appendix EU.
- Turkish Businessperson or Worker: They must have limited leave to remain under Appendix ECAA.
- Refugee or humanitarian protection: They must have leave to remain on these grounds.
Minimum Age Requirement
Both you and your partner must be at least 18 years old when you submit your application for Spouse Visa in the UK.
UK Spouse Visa Relationship Requirements
Prohibited Degree of Relationship
You and your spouse must not be related in any of the following ways, as defined by the Marriage Act 1949 and the Marriage (Prohibited Degrees of Relationship) Act 1986:
- Adoptive child or parent
- Biological child or parent
- Former adoptive child or parent
- Grandparent or grandchild
- Parent’s sibling or sibling’s child
- Full or half-sibling
Additional Prohibited Relationships Under Age 21
Marriages between individuals in the following categories will not qualify for a Spouse Visa in UK unless both parties are aged 21 or over and the younger party has not been treated as a child of the family before turning 18:
- Child of a former civil partner or spouse
- Former civil partner or spouse of a grandparent or parent
- Grandchild of a former civil partner or spouse
Requirement to Have Met in Person
You and your spouse must have met in person. The requirement stipulates a face-to-face meeting that establishes a mutual acquaintance. Virtual meetings or written communication alone will not satisfy this requirement.
Requirement for Marriage to Be Recognised in the UK
- Marriage in the UK: Must be monogamous and conducted according to the Marriage Act 1949 (as amended), the Marriage Act (Scotland) 1977, or the Marriage Order (Northern Ireland) 2003. Required notices must have been given, and the marriage must be conducted at an authorised place and by an authorised person. The minimum marriage age is 18 (England and Wales) or 16 (Scotland and Northern Ireland).
- Marriage outside the UK: Must meet the legal requirements of the country in which it took place, be recognised in that country, and have no legal impediments from either person’s country of domicile. Previous marriages must have permanently ended.
Genuine and Subsisting Relationship Requirement
You need to provide evidence that your relationship with your spouse is genuine and ongoing. Factors considered by the Home Office may include:
- Current, long-term relationship status
- Living arrangements (whether you live together)
- Shared responsibilities (e.g., children, finances)
- Visits to each other’s home country and family
- Future plans for living together in the UK
Evidence required includes regular communication, signs of affection, companionship, and support. Joint or individual documents showing cohabitation at the same address, recent official documents, or other evidence may be necessary.
Intention to Live Together Permanently in the UK
Both you and your spouse must demonstrate a clear commitment to living together permanently in the UK immediately after the visa is granted or as soon as circumstances permit
Previous Relationship Broken Down Permanently
You and your spouse must not be married to another person at the time of your application for Spouse Visa in the UK. If either of you was previously married, you must provide evidence that the marriage has ended, such as a decree absolute or its international equivalent.
UK Spouse Visa Relationship Requirements
To demonstrate that you can be adequately maintained in the UK without relying on public funds, you must meet a financial threshold:
- Minimum Income: Your spouse (or both of you jointly) must have a gross annual income of at least £29,000.
- Exceptions: Different considerations apply if your marital visa in UK is in receipt of certain state benefits or entitlements. In such cases, you must prove you can ‘adequately maintain and accommodate’ the family member.
- Methods to Meet the Requirement:
- Income from employment (salaried or non-salaried).
- Non-employment income (e.g., rental income, dividends).
- Cash savings above £16,000 held for at least 6 months.
- State, occupational, or private pensions.
- Self-employment income.
Accommodation Requirement
English Language Requirement
Applicants must demonstrate English language proficiency to CEFR level A1 for entry clearance or switching to a partner visa in UK. For extensions, level A2 is required. This requirement can be satisfied by:
- Being a national of a majority English-speaking country.
- Passing an approved English language test.
- Holding a degree taught or researched in English.
Exemptions may apply if you are over 65, have a physical or mental disability, or face exceptional circumstances.
English Language Requirement
You must provide comprehensive documentation to support your Spouse Visa in United Kingdom, including evidence of relationship genuineness, financial capability, accommodation, and English language proficiency. Missing or incorrect documentation is a common reason for refusal.
Fees and Processing Times
- Fees: £1,846 for applications submitted outside the UK. £1,048 for switching or extending within the UK. Additional fees apply for Priority or Super Priority services.
- Processing Time: 24 weeks for standard out-of-country applications, 30 working days for Priority Service. In-country applications are usually decided within 8 weeks, or next day with Super Priority Service.
Duration and Extensions
- Initial Visa Duration: 33 months for entry clearance, 30 months for leave to remain.
- Extension: Further leave for 30 months.
- Indefinite Leave to Remain: Eligible after 5 years.
Switching and Working
- Switching: Possible from within the UK unless you are on a visitor visa or a short-term leave (6 months or less). Visitors must apply for entry clearance from abroad.
- Work Rights: Holders of a Fiancé visa in the UK have full rights to work in the UK.
Indefinite Leave to Remain (ILR)
To qualify for ILR after 5 years, you must show:
- Continuous cohabitation with your spouse.
- Meeting the higher English language requirement (CEFR level B1).
- Passing the Life in the UK test (unless exempt).
Getting Married in the UK
If you wish to marry in the UK, you can apply for:
- Marriage Visit Visa: For visiting the UK to marry or give notice of marriage.
- Fiancé(e) Visa: For engaged partners planning to marry within 6 months of arrival in the UK.
Application Process
- Outside the UK: Apply in your country of residence (not as a visitor).
- Inside the UK: Apply if granted leave for more than 6 months. Visitors must apply for entry clearance from abroad.
Contact and Legal Support
For advice and assistance with your application for Spouse Visa in the UK, you can contact at 0161 505 1860 or complete the enquiry form provided by the legal firm.
Frequently Asked Questions
What are the eligibility criteria for a Spouse Visa?
You must meet relationship, income, and English proficiency requirements. Immigration Services Provider ensures your application is compliant.
How long is a Spouse Visa valid?
Typically, valid for 2.5 years, with extensions available. Immigration Services Provider offers guidance for renewals.
Can I work on a Spouse Visa in the UK?
Yes, holders can work and study without restrictions.
What happens if my relationship ends?
Visa validity may be affected, but Immigration Services Provider can advise on alternative routes.
How much does a Spouse Visa in the UK cost?
The application fee for a Spouse Visa in the UK depends on various factors. Immigration Services Provider can help you with the exact cost.
Can I apply for a Spouse Visa from outside the UK?
Yes, you can apply from abroad. Immigration Services Provider assists with the application process from anywhere in the world.
How can I prove that my relationship is genuine?
Documentation such as photos, communication records, and joint financial details can help.
What if I have children with my spouse?
Children under 18 may be eligible to apply for dependent visas alongside their spouse.
Can I apply for indefinite leave to remain (ILR) with a Spouse Visa?
Yes, after 5 years on a Spouse Visa, you can apply for ILR.
Can I switch to a Spouse Visa from another visa type?
Yes, you can switch to a Spouse Visa while in the UK, depending on your current visa status.
