Spouse Visa

UK Spouse Visa Overview

What is the UK Spouse Visa?

The UK Spouse Visa, also known as the Partner or Marriage Visa, allows eligible foreign nationals to join and live with their partner in the UK. This visa is for those who are married to, in a civil partnership with, or in a long-term relationship with a British citizen or a settled person in the UK (such as someone with Indefinite Leave to Remain or Settled Status).

Who Can Apply for a UK Spouse Visa?

As a foreign national, you can apply for a UK Spouse Visa if your partner in the UK meets one of the following criteria:

• Is a British or Irish citizen (by birth or naturalisation).
• Has settled in the UK with Indefinite Leave to Remain (ILR), permanent residence, or EU Settled Status.
• Holds refugee status or humanitarian protection in the UK.
• Possesses a Turkish Businessperson visa or Turkish Worker visa.

You and your partner must intend to live together in the UK. Moreover, one of the most important requirements is that you will need to provide evidence of a genuine and subsisting relationship.

Visa Duration and Path to Settlement

Initially, the UK Spouse Visa is granted for up to 2 years and 9 months. After this period, you can apply to extend your stay. Once you have lived in the UK for five years on a Spouse Visa, you can apply for Indefinite Leave to Remain (ILR), allowing you to stay in the UK permanently without being subject to immigration controls. After obtaining ILR, you may also be eligible to apply for British citizenship by marriage.

Rights and Benefits

• Right to Work: The Spouse Visa grants you the right to work in the UK.
• Settlement: This visa is a pathway to ILR and, eventually, British citizenship.

Application for Spouses Outside the UK

If your spouse is currently outside the UK but intends to return with you, you can still apply for the UK Spouse Visa. This provision ensures that families can reunite and settle together in the UK.

Take the Next Step

Ensure your application is handled by professionals who understand the UK immigration law. Contact Axis Solicitors for a free initial consultation and guidance on your UK Spouse Visa application.

UK Spouse Visa Requirements

Successfully applying for a UK Spouse Visa involves meeting a number of specific eligibility criteria and providing enough compelling evidence. 

Overview of Requirements

To qualify for a UK Spouse Visa, you must meet the specific criteria established by UK Visas and Immigration. 

Below are the key requirements:

1. Partner’s Status:
   • Your partner must be a British or Irish citizen, have settled status in the UK, pre-settled status, hold a Turkish Businessperson or Turkish Worker visa, or possess refugee or humanitarian protection status.
2. Age Requirement:
   • Both you and your partner must be at least 18 years old.
3. Relationship Validity:
   • You and your partner must not be closely related in a way that is prohibited.
   • You must have met each other in person.
4. Marriage Validity:
   • Your marriage must be legally recognised in the UK.
5. Genuine Relationship:
   • You must demonstrate that your relationship is genuine and subsisting.
6. Intent to Live Together:
   • You and your partner must intend to live together permanently in the UK.
7. Previous Relationships:
   • Any previous relationships must have ended permanently.
8. Financial Requirement:
   • To meet the financial requirement for a UK Spouse Visa, your combined gross annual income must be at least £29,000, effective from April 2024. However, if your application was submitted before 11 April 2024, the income threshold remains at £18,600.
9. Accommodation:
   • You must have adequate accommodation for yourself and any dependents, meeting UK housing standards and being free from health risks.
10. English Language Proficiency:
    • You must meet the English language requirement by passing an approved test at least level A1 or having an academic qualification taught in English. Exemptions apply for applicants over 65 or with specific disabilities.

Spouse Visa Success 

For application support, contact Axis Solicitors for a consultation. Our experienced team will ensure your application is thoroughly prepared to ensure you have the best possible chance of success.

Spouse Visa – 5 Year Route

Overview and Eligibility

Initial Visa Grant

If you meet all the requirements for a UK Spouse Visa, you will initially be granted a visa for 33 months.

Visa Extension 

After the initial period, you can apply for an extension of 30 months.

Indefinite Leave to Remain (ILR)

After completing a continuous 5-year period on a Spouse Visa, you will be eligible to apply for Indefinite Leave to Remain (ILR), allowing you to live permanently in the UK

Settlement Path

Fulfilling all the requirements of the Spouse Visa places you on a five-year route towards settlement in the UK, with stability and secure long-term residency prospects.

Take the First Step

Our immigration solicitors will guide while meticulously preparing your documentation to strengthen your case. Contact Axis Solicitors today for the first free consultation and take a decisive step towards securing your future in the UK.

UK Spouse Visa – 10 Year Route

Overview and Eligibility

The 10-year route for a UK Spouse Visa is more suitable for applicants who cannot meet the stringent requirements of the 5-year route immediately, particularly the financial requirement and English language criteria. This pathway offers more flexibility at the time of application. If you cannot meet the financial requirements for the 5-year route, consider applying for the 10-year route instead.

Switching to the 5-Year Route

Applicants on the 10-year route have the option to switch to the 5-year route once they meet all the necessary requirements. However, it is important to note that any time spent on the 10-year route does not count towards the 5-year ILR qualification period. Essentially, the clock resets when transitioning to the 5-year route​​.

10-Year Route Requirements

Financial Flexibility

Applicants on the 5-year route for a UK Spouse Visa typically need a minimum annual income of £29,000. Those unable to meet these financial thresholds may still qualify under the more flexible 10-year route. 

English Language Requirement 

The 10-year route does not impose strict English language requirements initially​, allowing applicants more time to meet these requirements​.

Accommodation

The suitable accommodation requirement remains and applicants must demonstrate they have appropriate living arrangements that comply with UK public health standards​​.

Pathway to Indefinite Leave to Remain (ILR)

The 10-year spouse visa route to Indefinite Leave to Remain (ILR) provides a longer but more approachable pathway for those who cannot meet the requirements of the 5-year route. 

This pathway also allows you to combine time spent in the UK on various qualifying visas, such as work or business visas, to gather the required 10 years of continuous residency.

Note that time spent in the UK as a fiancé, fiancée, or proposed civil partner does not count towards the 10-year residency requirement.

ILR Eligibility

To be eligible for ILR after 10 years on a spouse visa, you must also:

• Demonstrate English Language Proficiency: Achieve a CEFR level B1 in English.
• Pass the Life in the UK Test: Demonstrate knowledge of British life and culture.

For Expert Advice

Explore the 10-Year Route for a flexible path to UK residency, schedule a consultation with one of our experienced immigration solicitors and be prepared for success.

Relationship & Marriage Requirements

Requirement to Have Met in Person

You and your spouse must have met in person, meaning you need to show evidence of face-to-face meetings that led to the establishment of your relationship. Meeting once and then only maintaining contact through telephone or written communication does not fulfil this requirement.

Genuine and Subsisting Relationship

To qualify for a UK Spouse Visa, you must prove to the Home Office that your relationship with your partner is genuine and subsisting. Each case is evaluated individually, with the caseworker evaluating any evidence provided and the applicants individual circumstances.

The Home Office Considers

1. Current, long-term relationship status.
2. Cohabitation history.
3. Shared children (biological, adopted, or step-children) and parental responsibilities.
4. Joint financial responsibilities.
5. Mutual visits to each other’s home countries and families.
6. Concrete plans for living together in the UK.

If doubts arise, the Home Office may conduct further checks, interviews, or home visits.

Evidence Requirements

The Home Office is generally looking for proof of regular contact, affection, companionship, and mutual interest in each other’s well-being to confirm the authenticity of the relationship. 

Key Documentation

1. Marriage certificate.
2. Cohabitation evidence:
   • Joint documents preferred
   • Individual documents at the same address are acceptable.
   • Recent documents (within the last few years) from various sources.
   • Official documents preferred, but other proof may be submitted if necessary.

For couples with limited cohabitation history, unofficial relationship evidence may be necessary. Remember that failure to provide sufficient evidence of a genuine and subsisting relationship may result in visa refusal. 

Therefore, our solicitors specialise in compiling the necessary documentation and have years of experience in crafting compelling evidence portfolios to create irrefutable and persuasive applications. 

Marriage Recognition in the UK

For your marriage to be recognised in the UK, you must meet certain criteria depending on whether the marriage took place domestically or overseas.

Marriages in the UK

• Must be monogamous and comply with the Marriage Act 1949, the Marriage Act (Scotland) 1977, or the Marriage Order (Northern Ireland) 2003.
• Required notices must have been given, and the marriage must have been conducted by an authorised person at an authorised place.
• Both parties must be at least 18 years old (16 in Scotland and Northern Ireland) on the marriage date.
• The marriage must be evidenced by a marriage certificate.

Marriages Outside the UK

• The marriage must be recognised in the country where it took place and conducted according to its laws.
• There must be no legal impediments from either person’s country of domicile at the time of the marriage.
• Any previous marriages must have ended permanently.
• The marriage must be evidenced by a marriage certificate or its legal equivalent.

Providing Proof

If you are unsure about meeting these requirements, consulting with an immigration solicitor can provide clarity and improve your chances of success. Our solicitors specialise collecting the necessary documentation and reviewing applications to ensure success for our clients.

UK Spouse Visa Financial Requirement

To demonstrate that you can be adequately maintained in the UK without recourse to public funds, you must satisfy the Spouse Visa financial requirement.

Income Threshold

The financial requirement for a UK Spouse Visa application mandates that, unless exempt, you must show that your spouse (or both of you jointly, if you are in the UK with valid leave to remain) has a gross annual income of £29,000. This means the applicant may not be able to rely on accessing public funds. 

The financial requirement for the UK Spouse Visa no longer includes additional income thresholds for dependent children.

Application Stages

You must meet the financial requirement at several stages.

Initial Application: When you first apply to enter the UK as a spouse.

Extension of Stay: When you apply to extend your stay as a spouse.

Indefinite Leave to Remain (ILR): When you apply for ILR as a spouse.

Eligible Sources of Income

Only approved sources of income are considered when meeting the financial requirement.

• Income from employment or self-employment.
• Pension of the applicant and/or partner.
• Benefits received by the UK-based partner.
• Other income and/or saving.

Savings as an Alternative

Applicants are able to meet the financial requirement solely through savings, provided they have at least £88,500 available.

Exemptions

While the standard financial requirement for the UK Spouse Visa is £29,000 per year, there are exceptions. If your spouse receives certain state benefits, the focus shifts to demonstrating the sponsor’s ability to adequately maintain and accommodate their partner in the UK.

In exceptional cases where denying the Spouse Visa would violate the European Convention on Human Rights (ECHR) Article 8, the Home Office may consider alternative sources of funds.

Evidence & Documentation

The Immigration Rules for the Spouse Visa, requires the applicant to prove that the financial requirement is met. Failure to provide documentation is one of the most common reasons for receiving a refusal.

Professional Assistance

Providing the necessary evidence of meeting the financial requirements may be challenging. We offer analysis of your financial circumstances and preparation of all required documentation.

Meeting the Financial Requirements

The UK spouse visa has specific financial requirements that must be met for a successful application.

Eligible Sources

• Employment Income: The salaried or non-salaried employment income of your spouse (and yourself if you are in the UK with permission to work) can be considered.
• Non-Employment Income: Income sources such as property rental or dividend income are also acceptable.
• Cash Savings: Savings exceeding £16,000 held by either or both of you for at least six months can be used to meet the requirements.
• Pension Income: State, occupational, or private pensions of either or both of you can be taken into account.
• Self-Employment and Company Income: If your spouse (or you, if applicable) has income from self-employment or as a director/employee of a UK limited company, this can be considered.

In certain cases, a combination of these income sources may be used to fulfil the financial requirements.

The level of cash savings required can vary depending on whether you are applying for entry clearance, a visa extension, or indefinite leave to remain.

The minimum income requirement no longer includes a separate child element, so having dependent children does not affect the cash savings requirement.

Using Savings

To meet the financial requirement solely through cash savings, you would need to demonstrate £88,500 in savings. If your savings are less than £88,500, you can still use them partially, as long as they exceed £16,000. You would then need to supplement the shortfall with other permitted income sources, such as employment.

• Minimum savings considered: £16,000
• Savings sufficient to meet requirement alone: £88,500

The Home Office employs the following formula:

• Subtract £16,000 from total savings.
• Divide remaining amount by 2.5 (30-month visa duration in years).
• Result shows annual contributions from savings.

This calculation will determine how much of the financial requirement your savings fulfil. Any shortfall can be covered by other permitted income sources.

Example

1. Total Savings – £16,000 = Usable Savings
2. Usable Savings ÷ 2.5 years = Annual Contribution from Savings
3. £29,000 per year – Annual Contribution from Savings = Adjusted Income Requirement

For £50,000 in savings: £50,000 – £16,000 = £34,000 (Usable Savings)

1. £34,000 ÷ 2.5 = £13,600 per year (Annual Contribution)
2. £29,000 – £13,600 = £15,400 (Adjusted Annual Income Requirement)

Considerations

The savings can be held by the applicant, their partner, or jointly in a personal bank account, savings account, or investment account, as long as the funds are readily accessible (even if subject to a penalty for early withdrawal). You can use a combination of accounts if your savings are spread across multiple locations.

The level of cash savings required can vary depending on whether you are applying for entry clearance, a visa extension, or indefinite leave to remain.

Please note: There are specific restrictions on using investment accounts, which our immigration solicitors can advise you on.

Exemptions

If your spouse receives certain state benefits or entitlements, different rules may apply, and the standard minimum income requirement of £29,000 (as of April 2024) may not be necessary.

However, even if your partner qualifies for an exemption, you still need to demonstrate that you have sufficient funds to support yourselves in the UK and have access to suitable accommodation without relying on public funds.

Exceptional Circumstances

In exceptional circumstances, other credible financial resources available to the couple may be considered if refusing the visa would breach Article 8 of the European Convention on Human Rights (ECHR).

Documenting Finances

Should you have any further questions or require assistance with meeting the financial requirements of your spouse visa application, our immigration solicitors have extensive experience and high success rates, thanks to our ability to compile documentation.

Financial Requirement Exemptions

Applying for a UK Spouse Visa can be a complex process, especially when it comes to meeting the financial requirements. However, there are exemptions available for a number of different situations.

Financial Exemptions

If you are the sponsor for a Spouse Visa applicant, you may be exempt from the standard income requirement of £29,600 (as of July 2024) if you receive income from any of the following:

• Disability Living Allowance (DLA)
• Severe Disablement Allowance (SDA)
• Armed Forces Independence Payment (AFIP) or Guaranteed Income Payment (GIP) under the Armed Forces Compensation Scheme
• War Pension Scheme benefits: Mobility Supplement, Constant Attendance Allowance, or War Disablement Pension
• Police Injury Pension
• Industrial Injuries Disablement Benefit (IIDB)
• Attendance Allowance
• Carer’s Allowance

Important Note: While sponsors benefiting from these exemptions are not required to meet the £29,600 minimum income threshold,  applicants must still provide evidence of sufficient funds for supporting themselves and providing adequate accommodation in the UK, all without recourse to public funds. 

If you have any remaining questions about exemptions, our solicitors are available to review your case and ensure that you understand and meet all the requirements, including those related to financial exemptions. 

Exceptional Circumstances

In some cases, strict adherence to the financial requirements of a UK Spouse Visa can lead to unintended hardship, especially when exceptional circumstances are present. Fortunately, UK immigration law acknowledges these situations and provides a pathway for couples to overcome financial barriers under Article 8 of the European Convention on Human Rights (ECHR).

Exceptional circumstances are unique situations that may warrant flexibility in applying the standard financial rules for a Spouse Visa. 

These circumstances can be varied and may include:

• Medical Conditions: Severe health conditions requiring ongoing treatment in the UK.
• Humanitarian Crisis: Situations where returning to the home country would pose a significant risk to the applicant’s safety or well-being.
• Compassionate Grounds: Cases involving exceptional hardship or compelling personal circumstances.

How Can Axis Solicitors Help?

If you believe your situation involves exemptions or exceptional circumstances, then Axis Solicitors can provide guidance and representation. 

Our experienced immigration solicitors will:

• Assess Your Case: Thoroughly evaluate your situation to determine if it meets the criteria for exceptional circumstances.
• Gather Evidence: Help you gather and present compelling evidence to support your claim, including documenting exemptions, medical records, expert opinions, and personal statements.
• Prepare a Strong Argument: Craft a persuasive legal argument demonstrating how refusing the visa would violate your right to a family life under Article 8 of the ECHR.
• Represent You: Advocate for your case before the Home Office, or immigration tribunals if required.

English Language Requirement

As part of your Spouse Visa application, unless exempt, you must demonstrate to the Home Office that you meet the English language requirement.

Entry Clearance and Initial Applications

When applying for entry clearance or switching to the Spouse Visa route, you need to prove your competence in the English language at a minimum of CEFR level A1. For further leave to remain as a spouse, the required level is CEFR A2.

Meeting the English Language Requirement

You can fulfil the Spouse Visa English language requirement through the following ways:

1. Nationality: Holding the nationality of a majority English-speaking country.
2. Approved English Language Test: Passing an approved English language test at or above the required CEFR level with an approved provider. Refer to the list of Approved Secure English Language Tests and Test Centres.
3. Academic Qualification: Holding an academic qualification (Bachelor’s, Master’s degree, or PhD) awarded in the UK. If the degree was awarded outside the UK, it must be deemed by Ecctis (formerly UK NARIC) to meet or exceed the recognised UK standard and confirmed to have been taught or researched in English at or above the required CEFR level.

Exemptions from the English Language Requirement

You may be exempt from the English language requirement if you can demonstrate any of the following:

1. Age: You are over the age of 65 at the date of application.
2. Disability: You have a physical or mental disability that prevents you from meeting the English language requirement.
3. Exceptional Circumstances: There are exceptional circumstances that prevent you from meeting the English language requirement before entering the UK.

Failure to meet the English language requirement or to qualify for an exemption will result in the refusal of your Spouse Visa application.

Seek professional guidance if you are unsure about your eligibility or need assistance with meeting the language requirement.

Exceptional Circumstances

In specific situations, applicants may be exempt from the English language requirement for a UK Spouse Visa. Exceptional circumstances include being a long-term resident in a conflict zone, living in a country where no approved English language tests are available, or being a full-time carer for a disabled child. Each case is assessed individually, and other similar exceptional situations may also be considered for exemption by the Home Office.

Exemptions Foreign Nationals

Nationals of certain countries are exempt from meeting the English language requirements for the UK Spouse Visa. These countries include:

• United States of America (USA)
• Australia
• New Zealand
• Canada
• Grenada
• Belize
• Barbados
• Antigua and Barbuda
• The Bahamas
• Dominica
• Jamaica
• Guyana
• Ireland (for citizenship purposes only)
• Saint Lucia
• Saint Kitts and Nevis
• Saint Vincent and the Grenadines
• Trinidad and Tobago

Not Meeting Requirement

If you cannot demonstrate that you meet the English language requirement or qualify for an exemption, your UK Spouse Visa application may be refused. It is essential to ensure that you either meet the language proficiency standards or fall under one of the specified exemptions to avoid potential rejection of your application.

Axis Solicitors Can Help

We will assess your individual circumstances, ensure you meet all the requirements, and guide you towards a successful outcome. Contact us today for a free consultation.

Accommodation Requirements

When applying for a UK spouse visa, demonstrating access to suitable accommodation is crucial. This guide breaks down the key requirements to ensure your application meets the necessary standards.

Adequate Accommodation

Your accommodation must be:

• Exclusively Occupied: Either owned or rented solely by you and your family, or you must have exclusive use of a designated area within the property.
• Financially Independent: Acquired without relying on public funds.
• Not Overcrowded: Adhering to specific guidelines on room occupancy based on size and the age of occupants.
• Compliant with Health Standards: Safe, sanitary, and meeting basic public health regulations.

Proving Exclusive Occupation

Provide documentation such as:

• Property deeds or mortgage documents (if owned)
• Tenancy agreement and landlord’s confirmation (if rented)
• Letter from the property owner/landlord confirming your right to reside there (if owned/rented by a family member or friend)

No Recourse to Public Funds

You cannot rely on public funds to meet the accommodation requirement. However, if your sponsor uses their benefits to contribute to housing costs, this may be acceptable.

Overcrowding Considerations

The number of occupants allowed depends on the size of each room and the occupants’ ages. Children under one are not counted, while those aged 1-10 count as half a person.

Houses in Multiple Occupation (HMOs)

If you are living in an HMO (e.g., shared house), you must show that the part you occupy exclusively is adequate and provide written confirmation of your right to live there.

Exceptions

The Home Office may allow temporary overcrowding in specific situations, such as a recent change in a child’s age or a short-term visitor.

Public Health Standards

Ensure your accommodation meets basic health and safety standards. If necessary, provide a report from a surveyor or local authority to confirm compliance.

Exemptions

In some cases, such as applying for leave to remain as a partner or parent under paragraph EX.1, you may be exempt from these requirements.

Insurmountable Obstacles

If you cannot meet the standard accommodation requirements, you might qualify for an exemption if you can demonstrate that living outside the UK with your partner would present “insurmountable obstacles” to your family life. This is a high threshold and requires evidence of very significant difficulties that cannot be overcome or would cause severe hardship for you or your partner.

Examples

• Inability to enter or remain in the partner’s home country due to legal restrictions or safety concerns.
• Serious cultural barriers or persecution in the partner’s home country, such as those faced by same-sex couples or interfaith couples.
• Severe medical conditions requiring ongoing treatment that is unavailable in the partner’s home country.
• Lack of governance or security in the partner’s home country.

Assessment of Insurmountable Obstacles

The assessment is fact-specific and considers various factors, including country conditions, cultural norms, individual circumstances, and available evidence.

Exceptional Circumstances

Even if you cannot prove insurmountable obstacles, you may still be granted a visa under “exceptional circumstances” if refusing leave would result in unjustifiably harsh consequences and disproportionately interfere with your right to private and family life  specified in Article 8 of the European Convention on Human Rights. 

Legal Advice

If you believe you qualify for an exemption, it is crucial to seek expert legal advice from a solicitor specialising in spouse visas. Our solicitors can assess your situation, guide you through the complex process, and help you present a strong case to the Home Office. We can guide you through the process and ensure your application is comprehensive and compliant.

Required Documents

To ensure your UK Spouse Visa application is successful in 2024, it is important to organise and compile your documents according to the updated Home Office requirements. 

Documents to Prove a Genuine Relationship

1. Marriage or Civil Partnership Certificate: Valid at the time of application.
2. Proof of Relationship: Emails, chat logs, travel evidence, photos, and correspondence showing a genuine and subsisting relationship.
3. Divorce Certificate: If applicable, for any previous marriages.
4. Relationship Statement: A written statement (2 A4 pages) detailing your relationship history, how you met, and your intent to live together permanently.

Documents to Prove Financial Requirements

The financial requirement has increased to £29,000 as of April 2024. 

You must provide:

1. Payslips: Last six months.
2. Employment Contracts: Including job title, description, duration, earnings, and type of contract.
3. Bank Statements: Detailing income and joint financial responsibilities.
4. Alternative Income Proof: Savings above £16,000, pension income, property rentals, or dividends.

If you cannot meet the minimum income requirements, you may still apply under the 10-year settlement route instead of the 5-year route.

Documents to Prove English Language Requirement

1. IELTS Certificate: Valid and from an approved SELT centre.
2. Academic Qualifications: Degrees taught in English, verified by UK NARIC (now ECTIS).
3. Exemptions: Applicable for nationals from majority English-speaking countries, those over 65, or those with certain medical conditions.

Documents to Prove Tuberculosis (TB) Test

1. TB Certificate: Required if you are from a country where TB screening is mandatory. Ensure the test is from a Home Office-approved clinic.

Documents to Prove Accommodation Requirement

You must show adequate accommodation that meets the UK Housing Act standards:

1. Tenancy Agreement or Mortgage Statements: Proof of ownership or tenancy.
2. Landlord Letter: If renting, confirm your right to occupy.
3. Accommodation Details: Floor plans or council confirmation to prove the property is not overcrowded and meets health standards.

Documents Checklist for 2024 Spouse Visa Application

1. Completed Application Form: Form VAF4A.
2. Valid Passport: With at least one empty page.
3. Previous Passports: If any.
4. Two Passport-Sized Colour Photos: Meeting UK specifications.
5. Proof of English Language Proficiency.
6. Proof of Financial Income.
7. Proof of Genuine Relationship.
8. Full Name and Date of Birth.
9. Previous Immigration Applications: If any.
10. Criminal Record Certificate: If applicable.
11. National Insurance Number: If you have one.
12. Parents’ Date of Birth and Nationality: If applying from outside the UK.
13. Proof of Accommodation.
14. Biometric Information: Fingerprints and digital photo.
15. Tuberculosis Test Results: If required.
16. Proof of Paid Visa Fees: Receipt confirmation.

UK Spouse Visa Application

While the UK spouse visa application is available online and may be completed through the Home Office website. Remember that you will need to focus on organising your supporting evidence in a compelling portfolio and documenting that you meet all the formal requirements.

Spouse Visa Application Process (2024)

1. Check Eligibility: Ensure you and your partner meet the requirements for a UK spouse visa. This includes being legally married or in a civil partnership, meeting financial thresholds, and demonstrating a genuine relationship.
2. Prepare Documents: Gather all necessary documentation, including:
   • Proof of relationship (e.g., marriage certificate, evidence of cohabitation)
   • Financial evidence (e.g., bank statements, payslips)
   • Proof of accommodation in the UK
   • English language proficiency certificate
   • Valid passports
3. Complete Online Application: Fill out the application form accurately on the Home Office website. Applicants are responsible for providing correct documentation. Hence, seek advice from a legal professional for the best result.
4. Pay Application Fee:
   • Inside the UK: £1,048
   • Outside the UK: £1,846
   • Note: Additional fees apply for the Immigration Health Surcharge (£1,035 per year) and biometrics (£19.20).
5. Upload Supporting Documents: Submit all required documents through the online portal.
6. Book Biometric Appointment: Schedule an appointment to provide fingerprints and a photograph.
7. Attend Interview (if required): Be prepared to attend an interview if requested by the Home Office.

UK Spouse Visa Fees (2024):

• Application Fee (inside UK): £1,048
• Application Fee (outside UK): £1,846
• Immigration Health Surcharge: £1,035 per year
• Biometric Fee: £19.20
• Optional Super Priority Service: £1,000 for expedited processing

Spouse Visa Extension:

After the initial 2 years and 9 months, you can apply for a 2 year and 6 month extension. This requires maintaining a valid relationship with your UK partner and applying before your current visa expires.

UK Spouse Visa Extension

If your UK spouse visa is nearing expiration after 2.5 years, you can apply for a 30-month extension. This must be done before your current visa expires, with applications possible up to 28 days before the expiry date.

Eligibility Requirements

• Genuine Relationship: You must still be in the same genuine relationship with your British or settled partner as when you first applied.
• Financial Requirements: You must meet the financial threshold of £18,600 if you were already on the five-year partner route before April 11, 2024. If you applied after this date, the threshold is £29,000.
• English Language: You must demonstrate English language proficiency (unless exempt).
• Good Character: You must not have any criminal convictions or breaches of immigration rules.

Required Documents

• Valid passport
• Proof of relationship (e.g., marriage certificate, cohabitation evidence)
• Proof of partner’s UK status
• Financial evidence
• English language test results (if applicable)

Fees and Processing Time

• Application fee: £1,048
• Immigration Health Surcharge: £1,035 per year
• Processing time: Up to 8 weeks (priority and super priority services available)

UK Spouse Visa Extension Refused?

Facing a spouse visa extension refusal can be a stressful experience, but it does not have to be the end of the road. Understanding your options and taking the appropriate legal action is crucial for achieving a positive outcome and reuniting with your spouse in the UK.

Potential Courses of Action

• Administrative Review: If you believe the decision was based on a factual error or misunderstanding, requesting an administrative review can be a quick and cost-effective solution.
• Appeal: If your application was based on human rights grounds (Article 8 of the European Convention on Human Rights), you may have grounds for an appeal.
• New Application: If your circumstances have changed, or you believe you have additional evidence to support your case, submitting a new application for a spouse visa extension or exploring alternative visa categories could be viable options.
• Judicial Review: If the refusal decision appears to be unlawful or procedurally unfair, seeking a Judicial Review in the courts can be a last resort, but one that can be effective in challenging the decision.

Seek Professional Guidance

The UK immigration is full of nuances and these options can be complicated to choose between. Seeking guidance from our UK Spouse Visa team at Axis Solicitors is highly recommended. They can assess your individual circumstances, advise on the most suitable course of action, and guide you through the appeals or review process.

UK Spouse Visa Refusals

A UK spouse visa refusal can be a disheartening experience. Nevertheless, there are strategic steps you can take to address the situation and give yourself the best potential to achieve a successful outcome going forward.

Reasons for Refusal

Spouse visa applications can be refused for various reasons, including:

• Insufficient Evidence: Failure to provide enough evidence to prove your relationship is genuine and subsisting.
• Financial Issues: Not meeting the financial requirements or providing inadequate financial documentation.
• English Language Proficiency: Not meeting the required English language level.
• Misrepresentation: Providing false or misleading information.
• Criminal Convictions: Having an unspent criminal conviction that raises concerns.
• Non-compliance: Failing to meet other eligibility criteria or specific requirements of the spouse visa category.

Recourse After Refusal

1. Administrative Review: If you believe the refusal was due to a caseworker error or misunderstanding of the facts, you can request an administrative review within 28 days of the decision.
2. Appeal: If your application was refused based on human rights grounds (Article 8 of the European Convention on Human Rights), you may have the right to appeal to the First-tier Tribunal (Immigration and Asylum Chamber). You must submit your appeal within 14 days (if in the UK) or 28 days (if outside the UK).
3. Reapplication: In some cases, it may be more practical to submit a fresh application, addressing the issues that led to the initial refusal. Ensure all documentation is complete and accurate, and consider seeking legal advice to strengthen your case.
4. Judicial Review: If you believe the decision was unlawful, irrational, or procedurally unfair, you can apply for a Judicial Review. This is a complex legal process and should only be considered with expert legal guidance.

Seeking Assistance

An immigration solicitor specialising in UK Spouse Visas can be invaluable in assessing your situation, advising on the best course of action, and representing you during any appeal or review if necessary. They can help you gather and present compelling evidence to ensure your case is presented with the most persuasive and sound legal arguments.