Spouse Visa UK

The UK Spouse Visa application process is one of the lengthiest and most scrutinised routes across the entire UK immigration system.

It is therefore of utmost importance that applicants adhere to the document guidance and ensure that they are submitting the right evidence to support their application.

The UK Spouse Visa document checklist includes the following:

• A valid marriage or civil partnership certificate
• A valid passport
• The ‘sponsor’s’ identification to prove that your marriage is to a British citizen/settled person in the UK
• Providing proof of income such as employment contracts, wage slips, P60 or bank statements
• Providing proof of accommodation such as a house lease or letting contract
• Providing proof of English language ability which can be achieved either by having an English-taught degree, originating from an English-speaking country or scoring 4.0 or above in an English IELTS test
• An in-depth portfolio demonstrating that you are in a long-lasting and subsisting relationship which includes evidence that you have met your other half at least once
• Certificates of divorce or dissolution of civil partnership for any previous partners (where relevant)

Documents that aren’t in English need to be accompanied by a translated version from a professional translator.

There is a great array of spouse visa requirements that applicants must consider before attempting to apply for a UK Spouse Visa.

This includes but is not limited to:

• You and your partner being aged 18 or over
• Passing the ‘genuine relationship’ test
• Being legally married to or in a genuine and subsiding relationship with any of the following: British citizen, Irish citizen, settled person, person who holds ILR, refugee leave, or humanitarian protection status
• Having a valid marriage or civil partnership certificate that is recognised in UK law
• Proving that you have cohabited together for at least 2 years
• Proving that you and your partner have met in person
• Proving that any previous marriages or relationships have officially ended prior to your application
• Demonstrating an intention to live together in the UK in adequate accommodation
• Earning a minimum of £18,600 per annum and/or having proficient savings to satisfy the financial requirements
• Passing an English language test and speaking and understanding English to the required level

All of the above require extensive evidence to back up your claims.

In addition, applicants are required to have their biometric information registered and may need to pass a medical test to prove that they do not have Tuberculosis (TB). However, this depends on immigration rules in the foreign spouse’s country of residence.

Get in touch with our Birmingham immigration lawyers on 0121 667 6530 to speak to our client care team. Our dedicated team of immigration lawyers in Birmingham are here to help you and can ensure you meet all the requirements before you submit your application.

As with most aspects of the UK Marriage Visa, the mandatory financial requirement can be lengthy and, at times, difficult to meet.

Until full British citizenship is granted, non-British residents in the UK cannot claim welfare benefits of housing allowance, including spouses of British citizens.

This is called ‘No Recourse to Public Funds’. For this reason, the foreign Spouse must be able to demonstrate that they will not become a burden on the UK and that they can support themselves without public funding.

The financial requirements are as follows:

• The British/Settled spouse earning an income of at least £18,600 per year
• Meeting adequate maintenance for dependents in which the income requirement rises by £2,400 per every child intending to live with the couple
• Having adequate savings in a bank account for six months or more to prove that the applicant can support themselves in the UK

The financial requirement can be met by either one application or by both the couple’s income. This can be from employment, self-employment, investment or stocks or through ownership of a business or property.

Like many types of visas in UK immigration law, foreign nationals seeking entry into the country must have a ‘sponsor’ to endorse their application.

The immigration status of the non-UK visa national is dependent on the sponsorship, whether this is their employer for a Work Visa or partner for a Spouse Visa.

This means that if the sponsorship is withdrawn, the immigration status of the applicant becomes insecure.

In the case of the UK Spouse Visa, the British national or Settled person who resides in the UK becomes the sponsor. To apply for a spouse to successfully sponsor their loved one, the sponsor must support their spouse’s application via an in-depth Sponsorship Letter.

This letter must detail:

• The sponsor’s position in the UK – i.e. A British Citizen since birth or by naturalisation
• The sponsor’s income, such as via employment and a regular salary
• The relationship with the applicant that outlines where the relationship began, where the couple met and why they decided to marry with specified dates for each
• Information about the sponsor’s home to ensure it is up to UK living standards and has adequate room for their spouse

UKVI not only wants to know that the British person and their spouse has lived together two years prior but that the accommodation that they intend on living together in the UK is adequate and prepared (i.e. has enough space for two or more people and meets UK living standards.)

The UK Spouse Visa requirements dictate that accommodation in the UK must be scheduled ahead of the foreign spouse’s arrival into the UK. It must have adequate rooms to accommodate for a couple, which increases if any children are joining the household.

This can be achieved by:

• Providing an official description of the property (from a letting agency or letting website)
• Photographic evidence of the number of rooms
• Proof that the couple have either already paid for the housing or can afford to pay for it

The rules change slightly if the couple are living with children. For instance, there must be one bedroom per couple and baby under the age of one. But, there must be an additional bedroom per each child over the age of 10. Children aged 1-9 years old are considered ‘half a person’ in this respect, so two children in this age range are able to share a bedroom.

The ‘genuine relationship test’ of the UK Spouse Visa is the measurement to which UKVI decides if your relationship is legitimate, genuine and long lasting. It is largely subjective and falls into the hands of a decision-maker within the Home Office.

It is worth noting that there is no set guidance on what applicants must submit, and the test applies to couples who are in a civil partnership too.

There is no upper limit on the amount of evidence applicants can submit, however, it is best to proceed with caution as supplying too much evidence can appear manipulative and deceptive whilst too little will see your application refused.

It is imperative to find the right balance and ensure that each piece of evidence ticks off a key requirement that you need to meet.

However, a good place to start would be to include:

• Travel documents evidencing that you have met at least once throughout your relationship
• Proof of correspondence and time together such as social media chat logs, emails, Skype calls, text messages, photographs together or events/tickets that you have been to
• Proof of cohabitation such as a shared bank account, jointly paid utility bills, joint tenancy agreement or mortgage
• Evidence of any gifts or money exchanged
• Birth certificates or school records of any children the couple has together

To be eligible for a UK Spouse Visa, you and your spouse must not share any prohibited degree of relationship outlined in the Marriage Act 1949 and the Marriage Act 1986. This means you cannot be related to your spouse in any of the following ways, specific to these relationships. Your spouse or partner cannot be your:

• Grandparent
• Parent
• Aunt or Uncle
• Adoptive parent
• Former adoptive parent
• Child
• Siblings (including half-siblings)
• Adoptive child
• Former adoptive child
• Grandchild
• Niece or Nephew

If you or your spouse were married before, you must provide valid documents showing the marriage has ended. In the UK, a divorce needs a decree absolute from a civil court. If divorced outside the UK, a similar certificate from the relevant legal system is necessary.

The Home Office requires genuine proof that neither you or your spouse is currently married to someone else when applying for a UK spouse visa.

If your previous marriage isn’t legally dissolved, you might still qualify for an Unmarried Partner visa. But you must show that your new relationship is genuine and ongoing, and that the previous marriage has definitely and permanently ended.

The English language requirement is as important to meet as the other criteria.

In most circumstances, the non-UK foreign, spouse or partner will need to pass an English language test that demonstrates that they have adequate knowledge of English in order to live in the country. This includes speaking, reading, writing and understanding the language.

The English language test is mandatory and must be sat prior to making the visa application. The test must be done via a registered provider, such as the Secure English Language Testing (SELT) which is stationed in the Trinity College London and IELTS (International English Language Testing System) Consortium.

Once the applicant has passed and has a certificate to prove it, the certification lasts for two years after which the applicant will need to re-sit the test again.

There are some circumstances where applicants are exempt which include:

• People from English-speaking countries such as Australia, the US or Canada
• Applicants under the age of 18 or over the age of 65
• Applicants who have a degree that was taught in English
• Applicants who have a disability

There are numerous reasons why the UK Spouse Visa can be refused. Most commonly, applicants attempt to fulfil the requirements and eligibility criteria themselves without professional advice and guidance.

The result is that they either submit too much evidence or too little. The UK Government particularly scrutinises Spouse Visa applicants in a bid to crack down on fraudulent ‘sham’ marriages or ‘marriages of convenience’.

While you will not receive a refund for your attempted application, you may be able to Appeal the Home Office’s decision and make some amendments to your initial application.

Even if you began your application alone or with a third-party immigration consultant, We are here to help and will assist you when launching your Appeal.

Can I appeal my UK Spouse Visa refusal?

It is possible to appeal against the Home Office’s decision if your visa application has been refused.

However, it is important to note that lodging an appeal can be a lengthy and exhausting process. You must present your case before an immigration judge and to a Tribunal. This option is best if the refusal genuinely wasn’t your fault, but it may be best to start a fresh application if the reason for refusal was due to a mistake you have made or if you supplied insufficient evidence.

It is possible to renew and extend your UK Marriage Visa for a further 30 months after your initial application, providing that you seek to apply within the UK. It is crucial that you seek an extension of your leave to remain before your current Spouse Visa expires.

To extend your UK Spouse Visa, you must:

• Apply within 28 days of the visa’s expiry date
• Demonstrate that you have been living with your partner and intend to live together permanently
• Provide evidence that the relationship is genuine and subsisting
• Supply proof of accommodation for yourselves and any children
• That you still meet the financial requirement of £18,600 per year

What are the UK Spouse Visa financial requirements?

At a base fee, the Spouse Visa itself costs £1,538 when made outside of the UK.

This doesn’t include:

• Lawyer fees
• Fast track or priority service
• The English language test
• The compulsory Immigration Health Surcharge

The cost also doesn’t include additional fees such as translation services, the Tuberculous test or housing report.

There are no refunds in the event that your Spouse Visa is refused.