If you are married to someone who is a British citizen, has permanent residence in the UK, or has refugee or humanitarian leave, you can apply for a spouse visa for the UK.

If you are already in the UK and have a visa that allows you to remain for longer than six months you can apply to the Home Office in the UK – otherwise, this application can only be made from your home country or a country where you are a long-term resident.

A UK spouse visa is issued for an initial period of two and a half years, and you need to apply for an extension at the end of this time.  You have to prove that you meet all the requirements for the visa again when you apply for the extension.

Relationship requirements

The spouse visa is for couples who are both over 18, where one partner is British or settled in the UK, or has refugee or humanitarian leave in the UK, and the other partner is from outside the EEA.

You also need to demonstrate that you have met in person and are legally married (in a form of marriage that is accepted in the UK) and that you are in a subsisting relationship.

Financial requirements

As a couple you must have a minimum income of £18,600 per year.  In most cases it is the UK based spouse who has to show that they have this sum of money available.

The financial requirement rules are extremely strict and can only be demonstrated in one of the ways set out in the Immigration Rules. If the UK spouse gets certain benefits to do with disability or caring for someone you do not have to show an income of £18,600, but you will still have to show that you can support yourselves as a couple.

Accommodation requirements

There must be suitable accommodation available , which you own or occupy ‘exclusively’ as a couple, though in this context exclusively means only that there is a bedroom for your exclusive use.

You will need to satisfy the Home Office that the property is secure – that is, that you are not likely to become homeless – and that it is not statutorily overcrowded.

English language requirements

Before a spouse visa is issued you will have to demonstrate that you can speak and understand English, at least at a basic level – A1 CEFR (Common European Framework of Reference.

If you are not a citizen of a majority English speaking country, or don’t have a degree that was taught in English, then the only way to meet this requirement is to take and pass an approved test from an approved provider (the list of acceptable tests and test providers changes).

Suitability requirements

Even if you meet all the other requirements of the Immigration Rules, you can be refused because of your character and conduct.

Criminal convictions, previous poor immigration history, deception or withholding material facts (whether accidentally or on purpose), using the NHS when not entitled to – these are all issues that are taken into consideration before a spouse visa is issued.

Settlement

You will be eligible to apply for settlement once you have lived in the UK for five years on this visa.

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Has your UK Spouse Visa been refused?

 

Applying for a spouse visa?

Get help with your application

Appeal rights have changed

Since 06 April 2015 the right of appeal has been severely limited, so that while you can still appeal if your spouse visa is refused, you can only do so on human rights grounds.  Human rights law itself is in the process of changing, with the government’s stated intention to repeal the Human Rights Act and replace it with a British Bill of Rights.
Get more information on our Appeals page.

How we can help you

The requirements for a spouse visa may look simple, but showing that you meet them is not!

Most decisions, even those made at a premium appointment in the UK, are based on the papers you submit, without you ever being interviewed – which means that your paperwork needs to be perfect.  When you ask us to act for you we will:
Ensure that you know what the rules are

Though the Immigration Rules set out the requirements that you have to show you meet, Home Office caseworkers are also issued with separate guidance documents, which tell them how to interpret the Rules, what documents are required and when they can exercise discretion in a case. We look at all these things when we advise you on what is needed.

Give you a complete list of documents

It is for an applicant to provide supporting documents to show how the requirements of the Immigration Rules are met.  We provide a complete list of all the documents you will need, both those that are mandatory as well as those we recommend based on our experience of preparing several thousand successful applications.

Check your documents

Most applications, even those made in the UK at a premium appointment, are decided on the basis of the papers that are submitted, without you ever being interviewed.  We check your documents, and work with you for as long as it takes to get them perfect, so that any problems are dealt with and rectified before your application is submitted.

Prepare the application to a very high standard

We will complete all the paperwork, and draft detailed legal representations that set out your case, address any issues that may be problematic, and then go through the different requirements of the Immigration Rules and show how you meet each one.

Provide unlimited advice and support

We will work with you for as long as it takes to get your paperwork perfect.  And because we charge a fixed fee, you can call or email us at any time that your have a question without any extra charge, no matter how many times that is.

NOT IN LONDON?  NOT A PROBLEM!

globe-75x75We have clients all over the UK and the rest of the world.  With phone, Skype, email and post, we can act for you wherever in the world you are.

Call 08448 044 128 or email us today to get your visa.

All our lawyers have specialised in UK immigration law for at least 14 years now, so when it comes to making a successful application, we know what we are talking about.