If you are married to a UK citizen or a person who has settled in the UK, you may be eligible to apply for a Spouse Visa to join them in the UK. A Spouse Visa allows you to live and work in the UK for up to 2.5 years, after which you can apply for an extension.
Applying for a Spouse Visa can be a complex process that requires careful preparation and attention to detail. You will need to provide evidence of your relationship, your financial situation, and your ability to speak English. You may also need to undergo a tuberculosis test and provide a criminal record certificate.
It is important to note that the UK government has strict eligibility requirements for Spouse Visa applicants, and failure to meet these requirements can result in your application being refused. With the right guidance and support, you can increase your chances of a successful application and start your new life with your spouse in the UK.
Eligibility Requirements for Spouse Visa in UK
The UK Spouse Visa, sometimes referred to as the UK Marriage Visa, is a type of visa intended for people who want to move to the UK to live with their partner or spouse. As long as the sponsor and the applicant both meet the eligibility requirements, non-UK citizens are permitted to live and work in the UK with their settled or British spouse.
1. Sponsor Eligibility
Before an individual applies for a Spouse Visa in the UK, the sponsoring partner must meet certain eligibility requirements:
- The sponsor must be a British citizen or have settled status in the UK.
- The sponsor must be able to provide adequate financial support for their partner without relying on public funds.
- The sponsor must not have a criminal record or pose a threat to national security. It’s important to note that the sponsor’s income must meet the minimum income requirement, which is currently set at £18,600 per year. This amount increases if the sponsor has children who are also applying for a visa.
2. Applicant Eligibility
In addition to the sponsor meeting certain requirements, the applicant must also meet specific eligibility criteria:
- Applicant must be married to or in a civil partnership with the sponsor.
- Applicant must be at least 18 years old.
- Applicant must have met their partner and have a genuine relationship.
- Applicant must have a good knowledge of the English language.
- Applicant must pass a tuberculosis test and meet certain health requirements.
Meeting these eligibility requirements is crucial when applying for a Spouse Visa in the UK. It’s important to carefully review and understand the requirements before beginning the application process.
Application Process for Spouse Visa in UK
If you are planning to apply for a UK Spouse Visa, it is important to understand the application process. The process can be broken down into two main stages: preparing the application and submitting the application.
1. Preparing the Application
Before submitting your application, it is important to ensure that you meet all the eligibility requirements for a UK Spouse Visa. This includes meeting the financial, accommodation, and English language requirements.
You will also need to provide all the necessary documents to support your application, such as your marriage certificate, passport, and evidence of your relationship.
You will need to complete the online application form and pay the relevant fees. The application form will ask for personal details, information about your relationship, and details about your employment and finances. It is important to ensure that all the information provided is accurate and up-to-date. Any errors or omissions could result in your application being rejected or delayed.
2. Submitting the Application
When you are ready to submit your application, you will need to book an appointment at a UK Visa and Citizenship Application Services (UKVCAS) center to provide your biometric information (fingerprints and photograph). You will need to bring your passport, appointment confirmation, and all the necessary documents with you to the appointment.
Once your biometric information has been collected, your application will be processed by UK Visas and Immigration (UKVI). The processing time for a Spouse Visa application can vary depending on the complexity of the case, but it usually takes around 12 weeks.
Required Documents for Spouse Visa in UK
When applying for a Spouse Visa in the UK, there are several documents that you must provide to support your application. These documents are necessary to prove your eligibility and to demonstrate that your relationship is genuine.
The following is a list of the required documents for a UK Spouse Visa:
- A valid passport or other form of valid travel ID
- Proof of your relationship with your partner, such as photographs, letters, emails, and chat logs
- Proof that you and your partner have met in person, such as travel tickets, hotel reservations, and receipts
- Proof that your partner is a British citizen or settled person, such as a passport, birth certificate, or residence permit
- Proof that you meet the financial requirement, such as payslips, bank statements, and tax returns
- Proof that you have adequate accommodation, such as a tenancy agreement or mortgage statement
All documents must be in English or accompanied by a certified translation. Some documents may require notarization or legalisation, depending on the country of origin.
Submitting the required documents is a crucial part of the Spouse Visa application process. Failure to provide the necessary documents or submitting fraudulent documents can result in the refusal of your application. It is essential to ensure that all documents are accurate, complete, and genuine.
Processing Time for Spouse Visa in UK
The processing time refers to the amount of time it takes for the application to be reviewed and a decision to be made. According to the UK government website, there are no standard processing times for applications under the 10-year route to settlement or 5-year parent route to settlement.
This means that processing times for these applications can vary widely and may take longer than other types of applications.
For standard out-of-country applications, the processing time for a Spouse Visa is typically around 3 months, according to Migrate UK. This processing time can also vary depending on the documents provided and the country from which the application is submitted.
Immigration Advice London reports that the current processing time for a spouse/partner visa application from outside the UK takes up to 24 weeks (6 months) due to the current situation. This is significantly longer than the processing time for standard out-of-country applications and should be taken into consideration when planning your application.
Appeals and Refusals
Spouse visa applications can be refused for various reasons, such as not meeting the financial requirements, not providing enough evidence of the relationship, or not meeting the English language proficiency test. If your spouse visa application is refused, you may be able to appeal the decision.
The first step in appealing a spouse visa refusal is to complete an appeal form and lodge it within 14 days if you are in the UK or 28 days if you are outside the UK. You will need to provide evidence to support your appeal, such as additional documentation or statements.
It is important to note that not all spouse visa refusals can be appealed. If your application was refused under the general grounds for refusal, such as if you have a criminal record or if you have breached immigration laws, you may not be able to appeal the decision.
If you are unsure about the reasons for your spouse visa refusal or if you need help with the appeals process, it is recommended to seek professional advice from Eduviso.
Conclusion
Before applying, it is important to ensure that you meet all of the eligibility requirements and have all of the necessary documentation in order.
One of the key requirements for a Spouse Visa is to demonstrate that your relationship is genuine and subsisting. This can be done through providing evidence of your marriage or civil partnership, as well as evidence of your cohabitation and joint financial arrangements.
According to the UK government, you should receive a decision within 24 weeks of attending your appointment at the visa application centre if you are applying to settle in the UK as a spouse.
Frequently Asked Questions
What is a Spouse Visa?
A Spouse Visa is a type of visa that allows a married partner of a British citizen or a person with settled status in the UK to enter or remain in the UK.
What are the eligibility requirements for a Spouse Visa?
The eligibility requirements for a Spouse Visa include being married to a British citizen or a person with settled status, proving that the relationship is genuine and subsisting, meeting the financial requirements, and meeting the English language requirements.
How long does it take to get a Spouse Visa?
The processing time for a Spouse Visa can vary depending on the individual circumstances, but it usually takes around 2-3 months.
Can I work in the UK on a Spouse Visa?
Yes, you can work in the UK on a Spouse Visa.
Can I apply for settlement on a Spouse Visa?
Yes, you can apply for settlement on a Spouse Visa after living in the UK for 5 years.
