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UK Spouse Visa

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What Is A Spouse Visa?

Spouses of UK citizens or permanent residents who are settled may come to the UK under the UK Spouse Visa immigration category and are able to work as soon as the leave is granted. It is important that all spouse and partner visa applicants pay (if required) and obtain an Immigration Health Surcharge number as required by the Home Office.

Spouse visas are granted to non-eea citizens and are valid for 2.5 years. You must extend your visa before the 2.5 years is up, ensuring to meet all the requirements again for the extension. After you have lived in the UK for 5 years with a spouse visa you can apply to become settled under an immigration category known as Indefinite Leave to Remain.

What are the UK Spouse Visa requirements to come to Britain?

  • Once you are married you will be able to apply for a spouse visa. With the new rules from 9th July 2012 you will be given a visa for a 2.5-year probationary period to test the relationship.
  • The Sponsor (British citizen or permanent resident) must earn over £18,600 or £22,400 if you have a child (additional £2400 for each child) ideally have they been earning this for over 6 months. The additional fee for children only apply to children of the UK Spouse Visa Application and not any children the British Citizen or UK Permanent Resident already have as they would be UK citizens and are able to obtain support from the British government.
  • Savings over £16,000 can be used as evidence of earnings. As the visa is for 2.5 years the Home Office divide any savings over £16,000 by 2.5. An example of this would be as follows: You earn £17,600 and are short by £1000. You have £21,000 in savings. After subtracting the £16,000 there is £5000 left. divide this by 2.5 and you have £2000. This would then give you an income of £19,600 meaning you meet the financial requirement for a spouse visa.
  • You must intend to live together in order to obtain a UK Spouse Visa

Is There An Age Requirement For A UK Spouse Visa?

Both partners have to be over 18 years old before the Visa can be applied for. This means at the time of application they must be over 18 and not on the date of intended travel or decision. You must wait until both the applicant and their sponsor are over 18 years old before submitting an application or the UK spouse visa will be refused.

The UK citizen or permanent resident (the sponsor) must also have actually met their spouse to qualify. This is to prevent a situation that occurs sometimes in arranged marriages where the husband and wife have never met each other.

 

Do I Need A Certain Amount Of Money In The Bank To Apply?

You must possess sufficient funds to pay you and your spouse’s living expenses and those of any dependants without claiming public funds. Public funds cover various benefits paid by the UK Government if you are currently looking for work or if you are on a low income. You can review our link on No Recourse to Public Funds and learn what entitlements if any you have to ensure you don’t make any decisions that can affect future spouse visa applications or Indefinite Leave to Remain through the SETM Application Route. In general, if you meet the financial requirements for the visa you will not have to show any other funds.

 

Do I Need To Own A House Or Can I Rent?

You do not need to own a property for your spouse to come to the UK. You must have suitable accommodation. This could be with your parents if there is room or in rented accommodation. If there are children involved then additional rooms will be required. Contact us for the specific requirements.

Accommodation for the couple, and any dependants, must be suitable and available (adequate). It must not create overcrowding and you must have permission from the owner of the property for all your family to stay there.

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