Apply For A UK Spouse Visa
Applying for a UK Spouse Visa? If you are a UK citizen or you are settled in the UK, you are eligible to bring your spouse or civil partner to join you in the UK.
Eligibility Criteria for UK Spouse Visa
Both yourself and your partner must meet the following criteria;
- Both you and your partner are over 18 years’ old
- You are planning to live together permanently
- You can financially support yourselves without recourse to public funds
- You are in a civil partnership or married
- You will need to show that you have good knowledge of English Language
UK Spouse Visa Financial Requirements
If you are applying for your spouse to join you in the UK, you will need to show that you are able to financially support your spouse, without claiming UK public funds. At the moment, this requirement is £18,600 per annum. This minimum financial requirement is higher is you have dependent children who are also joining you.
You will be able meet the financial requirements through a mixture of income sources, such as employment, self-employment, sick pay, maternity or paternity pay, income coming from rent or shares or cash savings.
This will need to be proven to the Home Office with documentary evidence which could include payslips, P60’s, self-assessments, bank statements, letter from your employer.
The financial requirement is not applicable if you are an EU national or have one of the following benefits:
- Severe Disablement Allowance
- Disability Living Allowance
- Industrial Injuries Disablement Benefit
- Personal Independence Payment
- Attendance Allowance
- Armed Forces Independence Payment
- Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme
- Or bereavement benefits
Meeting relationship status requirement:
You are required to prove that you you are in a genuine and subsisting relationship with your spouse/ civil partner. As part of this requirements, you will need to show that you have been living together for at least 2 years before your application and how you have been keeping in touch with one another.
If you are applying for your fiancé to join you in the UK, you will be required to show that your fiancée or proposed civil partner will marry or enter into a civil partnership in the UK within 6 months of their arrival.
Speak to one of our expert immigration advisor’s to find out the what documentary evidences you will need to provide in your specific circumstance to be able to meet the criteria.
English Language Requirement:
You may need to prove your knowledge of the English language when you make your application. If you are from a majority English speaking country, you are not required to provide any evidence of your English language skills.
English language skills can be proven by showing that you have a degree or academic qualification that was taught or researched in English and that the qualification is recognised as being equivalent to a UK bachelor’s degree or higher.
If you are not from a majority English speaking country and do not have an English taught degree, you will be required to prove your knowledge of English by passing an approved English language test with at least a CEFR level A1 in speaking and listening.
However, when applying again after your 2.5 year visa, you’ll need to take a CEFR A2 level test.
Length of the visa and applying for Indefinite Leave to Remain
If the application of a spouse visa is accepted, your spouse will be granted a visa for 2.5 years leave to remain. After this, they can apply to extend their stay for another 2.5 years in the UK.
Under the old Immigration Rules, a migrant with leave as a spouse could apply for Indefinite Leave to Remain (“ILR”) after their initial leave expired i.e. after 2.5 years.
However, the new Immigration Rules has been extended this. Once your non-UK spouse has completed 5 continuous years in the UK (i.e. they have applied for leave twice), they will be eligible to apply for Indefinite Leave to Remain (“ILR”) status. On a good note, if they have been granted ILR as a spouse, they are eligible to apply for naturalisation immediately. Under other visa categories, the migrant is required to hold ILR for at least 12 months before they are eligible for naturalisation in the UK.
How can we help?
At Master Legal Services, an expert advisor will assess your specific circumstance and assist you with the right application for you. Very importantly, we will provide you a list of the correct documentary evidence to provide to make a successful application. We will collect all the relevant documents and check for errors before you submit your application.
Contact us for more information
T: 020 8935 5205