A Complete Guide for Applicants
The UK Spouse Visa (also known as the Marriage Visa) allows the married partners of UK citizens or individuals with settled status in the UK to join them in the country. This visa is designed for those wishing to live in the UK on a settlement basis. The initial visa duration is 30 months, with the possibility of extending it for an additional 30 months.
Once granted, the Spouse Visa UK allows the applicant to live in the UK and eventually apply for Indefinite Leave to Remain (ILR) and British Citizenship, provided certain conditions are met.
Key Requirements for the UK Spouse Visa
- Proof of a genuine relationship between the applicant and their UK partner.
- Meeting the financial requirements set by UK immigration rules.
At Lawfinity Solicitors, we specialise in Spouse Visa applications, boasting a 98% success rate. Our experienced immigration solicitors offer expert guidance throughout the process, from initial application to appeal in case of refusals.
Who is Eligible to Apply for a UK Spouse Visa?
You may apply for a UK Spouse Visa if you meet the following conditions:
- You are 18 years or older.
- You are married to, or in a civil partnership with, a UK citizen or a person with settled status.
- Your partner is living in the UK under humanitarian protection or holds refugee status.
- Both partners intend to live together permanently in the UK.
- Both heterosexual and same-sex couples can apply for this visa.
If you are an unmarried partner, you must prove that you have lived together for at least two years.
How to Apply for the UK Spouse Visa
You can apply for a Spouse Visa UK either from within the UK or overseas. If you are already in the UK on a valid visa (work, student, or fiancée), you can switch to a Spouse Visa.
To apply, you will need to:
- Complete the correct application form and submit the required documents.
- Pay the immigration health surcharge (£1,035 per adult per year, £776 per child).
- Submit Appendix 2 forms, which detail the financial requirements.
If applying from outside the UK, you will need to complete the online application and print the Appendix FM form. For dependents under 18, you must submit a separate application for them.
Financial Requirement for Spouse Visa
To sponsor your spouse, the UK partner must meet the following financial threshold:
- An income of at least £29,000 per year (before tax) without any children.
- Alternatively, cash savings exceeding £16,000 may be used to meet the requirement.
If you earn less than £29,000, you can use other sources of income, such as savings or pensions, to meet the requirement. This must be demonstrated through:
- Bank statements (6 months’ worth).
- Payslips (6 months’ worth).
- Employer’s letter confirming employment status and salary.
Exceptions apply for those with refugee status or humanitarian protection.
Spouse Visa Requirements
To qualify for a UK Spouse Visa, you must meet the following criteria:
- Both partners must be over 18.
- Both must be legally married or in a civil partnership.
- The couple intends to live permanently together.
- Proof that the sponsoring partner has sufficient income or savings to support both parties without relying on public funds.
- A suitable accommodation arrangement for both the applicant and the sponsor.
- English language proficiency as required.
English Language Requirement
As part of the Spouse Visa application, applicants must prove their ability to understand and speak English. You can meet this requirement if:
- You are a national of a non-majority English-speaking country.
- You hold a degree taught in English.
- You pass an approved English language test from a recognised provider.
Duration of Spouse Visa UK
The duration of the Spouse Visa depends on where you apply:
- If applying from outside the UK, the visa is granted for 33 months.
- If applying from within the UK, the visa is granted for 30 months.
After the initial visa period, you can apply for an extension for another 30 months. After five years, you can apply for Indefinite Leave to Remain (ILR).
Spouse Visa Extension
You can apply for a Spouse Visa extension for an additional 30 months. To qualify, you must still meet the financial and relationship requirements. After five years on a Spouse Visa, you can apply for ILR, and later, British Citizenship.
Benefits of the Spouse Visa UK
- Pathway to ILR: After five years, you can apply for Indefinite Leave to Remain.
- Live and work in the UK: You can live, work, and study in the UK during your stay.
- Eligible for dependents: Children under 18 can be included in the application.
What to Do If Your Spouse Visa is Refused?
If your Spouse Visa application is refused, you can appeal the decision, but only if you can prove that the refusal prevents you from living together as a couple in the UK. It’s essential to seek expert legal help in such cases.
Why Choose Lawfinity Solicitors?
At Lawfinity Solicitors, we understand that your immigration journey is a significant step, and we are here to guide you every step of the way. Our expert team brings years of experience in Spouse Visa applications, ensuring that your case is handled efficiently and with the attention it deserves.
We offer:
- Expert Advice: With our in-depth knowledge of immigration laws and policies, we provide clear guidance tailored to your situation.
- High Success Rate: We have a proven track record of 98% success in Spouse Visa applications.
- Personalised Service: We take the time to understand your unique circumstances, offering bespoke legal solutions.
- Comprehensive Support: From initial consultation to post-application assistance, we provide end-to-end services to ensure a smooth process.
- Affordable Fees: At Lawfinity Solicitors, we believe in providing high-quality legal services at transparent, competitive prices.
Contact us today to discuss your Spouse Visa application and take the first step toward securing your future together in the UK. Our team is here to ensure you meet all the requirements and increase your chances of success.
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