The UK spouse visa is available to applicants who wish to join their British or settled partner here in the United Kingdom. From 1st January 2021, you can now also join your spouse who has settled status or proof of permanent residence as a national from the EU, Switzerland, Norway, Iceland or Liechtenstein, or pre-settled status (leave to remain under the EU Settlement Scheme) if they have started living in the UK before 1 January 2021.
You may be unsure whether you are eligible for the visa. Then, please see the information below or contact our Immigration lawyers to assess your situation.
Let’s look at the case when individuals are outside the UK and wish to apply for a spouse visa. Then they should submit an entry clearance application to the British High Commission/Embassy/Consulate. However, they have to do that in the country of nationality or country of origin of the applicant. You may be already in the UK and received your current visa for longer than six months. Then, you can switch into a spouse visa from inside the UK by submitting your application to the HO, UKBA.
Changes from 9 July 2012
The Immigration Rules for an application for Indefinite leave to remain (ILR) as a spouse of a person present and settled in the UK have been changed from 9 July 2012. You may have received your spouse visa before 9 July 2012. Then, you could make your application for ILR to the Home Office, UKBA on the completion of two years. You may get a grant of initial entry clearance or leave to remain as a spouse under the Immigration Rules on or after 9 July 2012. Then, you would have to complete five years residence in the UK under spouse visa before you submit your application for ILR to the Home Office, UKBA.
You can make the following immigration applications to the Home Office, UKBA as a spouse of a British Citizen or a person present and settled in the UK:
- Entry Clearance As A Spouse
- Switching Into Spouse Visa UK
- Extension Of Stay As A Spouse
- ILR as a Spouse
Family visa application
Full representation services for the family visa application. Entry clearance/leave to remain for individuals who are from outside the European Economic Area (EEA) as well as Switzerland and wish to join their settled or British partners.
Basic Requirements – the UK Spouse Visa
- All applicants must be 18 years old or over
- Recognition of the marriage by the UK law is mandatory
- Relationship as a spouse of a person present and settled in the UK must be genuine and subsisting
- The applicant must meet the financial requirement. The UK spouse of the applicant must be earning at least £18,600 gross per year or savings of £62,500 if the UK spouse of the applicant has no earnings from employment, self-employment or other means of income, or receiving income from pension, a property portfolio, or both.
- The applicant must meet the English language requirement. Moreover, he/she has to show knowledge of the English language at CEFR level A1 according to the UK Immigration Rules. The applicant may be a national from a majority English speaking country. Then, he/she may not need to fulfil the English Language requirement
- The applicant must pay the Immigration Health Surcharge
- Nationals from certain countries are required to pass a Tuberculosis Test
- The applicant must have adequate accommodation. Besides, the UK spouse has to have a place to stay in the UK without recourse to public funds.
Exemption From Financial Requirement
The applicant will be exempt from meeting the financial requirement of £18,600 or above if the applicant’s partner is receiving one or more of the following:
- Disability living allowance;
- severe disablement allowance;
- industrial injury disablement benefit;
- attendance allowance; or
- carer’s allowance; and
The applicant may not need to meet the financial requirement. In that case, the applicant must provide detailed evidence that his/her partner can maintain and accommodate himself/herself, the applicant and any dependants adequately in the UK without recourse to public funds.
Adequate Accommodation Requirement
The proper accommodation will not regard as appropriate:
- if it is or will be, overcrowded; or
- it contravenes public health regulations.
The applicant must meet the requirements for entry clearance as a spouse. In that case, the applicant will receive entry clearance for an initial period not exceeding 33 months and subject to a condition of no recourse to public funds.
UK spouse visa extension
You may extend this visa for a further term of 30 months. However, you’ll have to provide a demonstration that your relationship is genuine and subsisting and you continue to meet the financial requirement.
The Home Office changed the Immigration Rules. Because of that those applicants whose leave to remain as a partner is expiring on or after 1 May 2017 will have to meet the English language requirement at level A2 of the CEFR at the time of making an application for renewal of their visa.
If you hold a marriage visit visa, you must return to your home country and apply for entry clearance as a spouse.
UK spouse visa route leads to settlement (ILR).
The immigration lawyers at LawPark are experts in dealing with the application for a UK spouse visa. If you need legal help from immigration lawyers in London to prepare and submit your request for a UK spouse visa and we are here to provide you friendly, reliable, efficient and professional immigration service.
Professional immigration service for the UK spouse visa
Our team of professionals would work with you and your application for a UK spouse visa. So, you can expect to enjoy the following services:
- Our immigration specialists will provide you with detailed instructions in regards to immigration regulations as well as the specific procedures required by the Home Office and the UKBA that are relevant to your case.
- One of our immigration lawyers will answer any questions about your case while identifying its benefits and drawbacks.
- Our immigration lawyers will explain all documentation that you need to submit alongside your application for the UK spouse visa.
- We will examine these documents and discuss how they are relevant to your case.
- Our team of immigration lawyers will complete the application forms and answer any questions that you may have.
- If needed, our immigration lawyers will prepare a sponsorship declaration and explain the process in detail.
- Our lawyers will draft a cover letter that will support and submit the application for a UK spouse visa.
- A member of our team will communicate with the UKBA and the Home Office to ensure a quick decision in regards to your application for a UK spouse visa.
- LawPark will protect your interests during the entire process. We will inform you systematically while the application is pending with the Home Office.