A Spouse Visa or Partner Visa (also known as the Family of a Settled Person Visa), enables a national from outside the UK to enter or remain in the UK with their partner. An applicant must be married, cohabitating or in a civil partnership with a British national or someone who is settled in the UK.
A Spouse Visa or Partner Visa (also known as the Family of a Settled Person Visa), enables a national from outside the UK to enter or remain in the UK with their partner. An applicant must be married, cohabitating or in a civil partnership with a British national or someone who is settled in the UK.
This visa route offers a path towards settlement in the UK or Indefinite Leave to Remain (ILR). This allows an individual to remain in the UK permanently, and if desired, it also allows them to apply for British Citizenship.
In order to successfully apply for this visa, you must meet a number of requirements. This includes general and financial requirements, along with more specific requirements surrounding your relationship.
The documentation required can depend on an individual’s situation, so if you are looking to apply for a Spouse Visa, it’s best to do so with professional assistance.
The Spouse Visa route will allow applicants that are in a relationship with a settled person, or a UK Citizen, to live in the UK with their partner.
You will be granted 2 years and 9 months of stay, and a further 2 years and 6 months if you are switching to or extending this visa, taking your total stay over 5 years, the minimum required for ILR.
As well as your period of stay, you will be allowed to work either part-time or full-time in the UK in order to support yourself.
You can also bring dependants with you, so if you have children under 18 who still live with you, this visa route will allow them to gain access to the UK alongside you.
In order to qualify for this visa, you and your partner must both be over 18 and in a genuine relationship. You must be able to prove that you are either:
Your partner must be able to prove that they either:
You and your partner must intend to continue your relationship after you apply and must intend to continue living in the UK. Furthermore, all previous relationships must have broken down permanently.
As well as fulfilling the eligibility criteria, the following requirements must be met when applying for a Spouse Visa:
There are many ways you could prove that your relationship is genuine. Generally, one or more relevant documents may be used as evidence, such as:
Any evidence needs to be less than 4 years old and confirm that you and your partner are living at the same address, sharing expenses and/or are married (or in a civil partnership). Documents coming from the UK government, your bank, utility provider, or a medical professional may all be valid sources of evidence.
Please note that any photographs, messages (texts or social media), receipts or greeting cards are not considered as strong evidence in the case of a visa application.
Proof of a viable income is required in order to successfully apply for a Spouse Visa. You will need to prove that you and your partner have at least a combined income (before tax and National Insurance) of £18,600 per year.
If you have children, you will also need to prove that your finances can support them. This means an extra £3,800 for your first child, and £2,400 for each child after the first one.
In this case, ‘income’ does not only refer to wages but can also be:
It is essential that you not only have the income itself, but that you can also prove that you have this income with appropriate documentation. Valid forms of evidence may include:
Providing proof of your income can, in certain cases, be difficult, which is why you may require assistance from a team with experience in this area. We can help you make sure that your income does not come into question when your application is being reviewed. Work with us to make sure that you have all the right documentation required to prove your income.
You may be able to prove that you have good knowledge of the English language with an academic qualification that was taught or researched in English, or by taking an approved English language test.
Academic qualifications that have not been obtained in the UK will need to be certified by UK ENIC (Formerly UK NARIC), through a Statement of Comparability or a Visa and Nationality Statement. A Statement of Comparability is needed if the qualification has been obtained in one of the following countries:
For any other country, you may need a Visa and Nationality Statement.
Alternatively, you may choose to take an approved test to prove your knowledge of English. On your first visa application, you must pass at least level A1 on the Common European Framework of Reference for Languages (CEFR) scale. You may choose to pass a higher CEFR level, especially if you are planning to settle permanently after 5 years.
In some cases, you may not have to prove your knowledge of English. This applies if you either:
Nationals from the following countries are also exempt from the language requirement:
As part of your application, you may be required to prove that you and your partner (as well as any dependant) will be occupying suitable accommodation in the UK. This accommodation needs to be adequate for the number of individuals, and be exclusively owned or occupied by the applicant and their family, without the need for public funds. The accommodation cannot be overcrowded according to UK legislation and must meet public health regulations.
Applicants may need to provide documentation that showcases that their accommodation meets these criteria. This could include a letter from a landlord or a copy of the title deeds, depending on whether the accommodation will be rented or is owned.
The application process is done online whether you are applying from outside the UK or applying from within the UK.
Our experienced immigration lawyers can help you put together and submit an application that has a good chance of acceptance. It will save you time, money, and will help make the process much less stressful. If this sounds like something that would benefit you, please don’t hesitate to get in touch with a member of our team.
Having the right documentation is essential for a successful application. The evidence required may depend on an individual applicant’s situation, for example; additional documents are required for applications with dependants. A general list may include:
Documents showing evidence of the requirements previously mentioned will also be required, as well as any evidence required by your specific circumstances. This may include a tuberculosis test, certified translations of documents that are not in English or Welsh, or parents’ information if you are applying from outside the UK.
Putting all documents together can be time-consuming but it is important to get it right if you want to increase your chances of your application being accepted. QC Immigration can help you build a strong case, or review your application before you submit it. Just get in touch if you’d like to speak to a member of the team.
The application cost for a Spouse Visa is currently £1,538 if you are applying from outside the UK, or £1,048 if you are in the UK. Note that this cost is the same per dependant if you are adding them to your application.
There can also be additional costs for any translation of official documents that are not in English or Welsh, or any language test that you have to take, as these are not included in the application cost. If you are getting your biometric information taken, this will incur an additional fee of £19.20. You may also have to pay the healthcare surcharge, depending on your circumstances.
If you wish to get a faster decision from the Home Office, you may be able to pay an additional £800 for the super priority service. You may want to consider whether that is something you wish to do.
The Spouse Visa will allow you to bring dependants along with you should your application be successfully granted. A dependant, typically your child, may come to the UK with you so long as:
There are also additional costs if you are adding dependants to your visa application. There will be an additional visa charge of £1,538 for each dependant if applied from outside the UK (£1,048 for each dependant if applied from inside the UK). It is important to consider this and financially plan ahead of your application.
If you are currently residing in the UK on another visa, such as a Student Visa or a Work Visa, and meet the eligibility requirements, you can switch to a Spouse Visa.
If you choose to switch to a Spouse Visa, your application fee will cost less if you apply from within the UK, however your period of stay will be 3 months less than it would have been if you applied from abroad. With an extension, you will still have the 5 years of continuous stay required to settle in the UK.
If you are residing in the UK, and are unsure what steps need to be taken to apply for a Spouse Visa with a high likelihood of success, you can book a consultation with our London-based law team. This can be done either remotely or in-person.
You are allowed to work both part-time and full-time under a Spouse Visa. You can seek UK employment without restriction, and if you are switching to a Spouse Visa from another visa option you will not have to give up your employment.
If you are employed while on a Spouse Visa you can use your work income (before tax and National Insurance) as your proof of income that is needed to meet financial requirements.
Your Spouse Visa may be refused if you do not meet eligibility criteria or have missed something in your application. It is important that you know the eligibility requirements and can prove that you can meet them through relevant documentation in your application.
Typically, a Spouse Visa may be refused because of:
If your Spouse Visa has been refused, it is crucial that the appeal is submitted as quickly as possible, and that the case is as strong as possible. You may also need to be ready to attend a hearing at an immigration tribunal.
Our team has experience in helping clients obtain Partner and Spouse Visas and can support your case throughout the process, from gathering required documents to submitting your application.
You can work with us remotely or can meet our lawyers face-to-face in our London law firm if you are already in the UK. We work with clientele from all over the world so are equipped with the experience needed to handle applications coming from any nation. Our multilingual and highly skilled law team will make sure that your case is handled with individual care and your application covers all the bases needed to heighten your chances of success on your first attempt, which will avoid a lengthy and costly Visa Refusal Appeal.
We will make sure that your Spouse Visa is properly submitted with all of the right documentation, making a clear and concise argument for your eligibility. This will increase the likelihood of approval from the Home Office. If you’d like to discuss your case, you can contact us.
We start a discussion by understanding your history, and we will clearly outline the best option available and any recommendations to save you time and costs.
Once you instruct us to be your legal representative, we will start preparing your case. We may require more information about you to help you more effectively.
Documentation is a crucial part of an immigration application. We will customise a document list to guide your preparation. Your dedicated lawyer will check the documents and advise of any improvements needed.
We will complete your application to the Home Office and may also write a cover letter with strong legal arguments where relevant. We may discuss this with you to confirm the final details.
We will submit your application to the Home Office, Court authorities securely. We will represent you as the main point of contact with them for any further requests.
You may sometimes be invited to attend a Home Office interview or Court hearing. While this may sound daunting, we will help you prepare and provide guidance on what questions to expect.
As soon as we receive a decision from the Home Office, we will get in touch with you to share the news.
We did multiple assignments with QC and were very happy with the fast response and results we achieved on our applications.
Qiyin was very quick to respond to my inquiries. She was very professional, supportive and helpful. Highly recommended!
Qiyin listened very attentively to my concerns and reassured me. Gave me a lot of insight into how I need to plan my application in a very personal way. Would definitely highly recommend.
Very professional team, who helped me gain EU Settled status pre-Brexit using a new Android app. It is refreshing to see that QC-immigration team adopts fast the technology and is on top of all changes in legislation. They got my full trust.
Hafsah made my application look so simple and easy even though i was doubtful about my case before approaching QC. I can’t believe my ILR application got approved by Home office within 24 hrs of biometric appointment. Thank you Hafsah for helping me get this done.
It was a pleasure working with Qiyin and her team. They were very helpful and responsive all the time. They helped me with my Permanent Residence which was succesful and was received in less than a month. I will work with them again in the future, so I strongly recommend this Immigration office to everyone.
Definitely the best law firm I've ever dealt with. Hafsah Awan is an amazing lawyer, she is extremely professional, she truly cares, and gives great advise to ensure all goes smoothly. My entire process with Hafsah went really well, and we successfully got our Start-up visas to the UK, many thanks to Hafsah for her great efforts. I also loved that they are very responsive, to emails, calls, etc. Qiyin Chuah, the founder, actually helped me in the last moment during her weekend, I was very thankful for that, as not many people would even get back to you during the weekend. Overall, an amazing law firm, I'm very pleased, and I truly wish Hafsah, Qiyin, and the rest of QC Immigration team all the best, God bless you all :)
I had an exploratory conversation with QC Immigration. Qiyin was professional and personable throughout our conversation, explaining clearly the current criteria and regulatory considerations to keep in mind. I would have no reservations in appointing them for representation should there ever be a need, as Qiyin provided from the outset, the calm assurance of having the knowledge, experience and an individual approach that I strongly value.
Very good service and professional company! I contact them trough a friend because I had problem with a Family Visa in Scotland, they helped me and advised in all the process and they solved what I needed to solve so quick. Specially Qiyin and Marianna. I would always come back to them again if I needed and also recommend them. As I said, very good and Professional.
Both my fiancé and I used QC Immigration this year for our new visa and naturalisation applications, respectively, and were very happy with the service. Our main point of contact was Marianna, who was very prompt and thorough in her preparation of our applications and helpful throughout every step of the process with our concerns, etc. Highly recommend QC Immigration. Thank you again, Marianna!
My friend had recommended QC Immigration and I was not disappointed! Marianna was my main point of contact and she was kind, prompt and very efficient. I had a lot of questions and Marianna was very quick in replying to me. I would definitely recommend QC Immigration.
They were extremely professional and thorough throughout the application process. I even shared my travel plans and they worked based on my timelines, which based on experience, most companies don't prioritise. Highly recommend working with them if you want to be stress free and want your application handled with care.
I have been using QC Immigration to help prepare for my partner's Proposed Civil Partnership Visa application. We have been dealing with Marianna since January, and have found her to be extremely professional, knowledgeable and personable. She has always responded to my queries and concerns, (however neurotic!) and she has paid great attention to detail. It has been an invaluable service, and should our application be successful in this instance, I will not hesitate to appoint QC Immigration again to assist with the next stages. Many thanks again for your hard work and for showing us such an understanding and caring attitude! :)
My partner and I recently used QC Immigration when applying for a UK partner visa. They were very professional throughout and dealt with all questions and queries accordingly. Marianna was our main point of contact and was extremely diligent and reassuring throughout the process. We appreciated their attention to detail and extensive knowledge of UK immigration law and would highly recommend them to any prospective clients.
Having suitable accommodation is one of the requirements for the Spouse Visa. Your accommodation must be large enough for you, your partner, and any dependants that you intend to bring to the UK. Your family must be the sole occupiers of the property. This can also be a dedicated part of a property.
Applicants need to be able to prove that they are in a genuine relationship. Evidence that will be considered by the Home Office includes a child/children’s birth certificates, shared bank accounts, mortgages or tenancy agreements, any communication logs (messages), or any other document proving that you intend to live together in the UK.
You will have to take a listening and speaking test through a SELT (Secure English Language Testing) provider. You do not need to take a test if you are under 18 or over 65, are a national from a majority English speaking country, have a long-term mental or physical condition, or hold a degree taught or researched in English (this will need to be confirmed by UK ENIC – formerly UK NARIC).
If you are still engaged to your partner and intend on marrying within 6 months of being in the UK, you can apply for 6 months of stay through a Fiancé or Fiancée Visa. Once married, you may switch to a Spouse Visa so long as you meet all of the requirements.
When your Spouse Visa is granted, you will be granted leave to remain for a duration of at least 2 years and 6 months. After this, you will need to apply for an extension or switch to another suitable visa to remain in the UK.
If your application has been rejected, you can appeal against the Home Office’s decision. This can be a lengthy process and it is usually strongly recommended to seek help from professional advisers. If this is something you need help with, get in touch with our expert team today.
Processing times can vary depending on individual cases or the country you are applying from. Typically, this can take approximately 8 weeks but a well-presented case enables the Home Office to make a decision much quicker.
A Spouse Visa can be extended for another 2 years and 6 months, as long as your current visa hasn’t expired. After living in the UK for a total of 5 years, you can apply for Indefinite Leave to Remain.
There can be certain circumstances where meeting financial requirements does not apply. For example, combined income from you or your partner, or continued financial assistance from a relative may be taken into consideration. As this area can be complex which may require the Home Office to exercise discretion, seeking professional legal advice before you apply is highly encouraged.
If your relationship ends, this can have an impact on your current rights and any future visa applications. In some cases, your visa may be curtailed hence you have to make a new application urgently. In these cases, it is usually important to act quickly so please get in touch if you would like to discuss this with the team.
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