Axis Solicitors are Specialist Spouse Visa UK Solicitors with years of experience in dealing with spouse visa applications. We have a high application success rate.Book An Appointment
This visa allows a non-British partner residing outside the United Kingdom to immigrate and settle with their partner (Husband or Wife) in the UK. It is also known as the Partner or Marriage visa.
To apply, one must be legally married to, or be in a civil partnership with a British citizen, someone with indefinite leave to remain (ILR) / settled status or a UK refugee. It also gives the joining partner the right to work in the UK.
Generally, the following requirements must be met in order to apply:
If you strictly meet all the requirements of the Spouse Visa, you will be eligible for a five-year route towards settlement. You will be granted an initial leave of 33 months. After which, you can apply for a 2.5-year extension of your existing spouse visa. Upon completing the 5 years, an application for Indefinite leave to remain (settlement) can be made.
The 10-year route is for those who cannot meet all the Spouse visa requirements for the 5-year route at the time of applying. These usually may be the language and financial requirements. Once the leave to remain under spouse visa (10 year route) has been granted, an application to switch to the 5 year route can be made anytime during the validity of the 10 year route if all requirements of Immigration rules for spouse visa under the 5 year route have been met.
After you have completed the initial leave of 33 months of your spouse visa, you will be eligible for a 2.5 year extension as per the Home Office guidelines.
It is advisable to apply 28 days before the expiry of your leave. A decision on the extension is usually received within 8 weeks of applying.
All the other requirements – accommodation, financial adequacy, genuine relationship, documents, etc. shall remain the same as in the case of the initial Spouse visa application. However, an advanced level (CEFR-A-2) English language proficiency will be required at this stage.
The Form FLR (M) is used to apply for extension under the 5 year route while the FLR (FP) will be used to apply under the 10 year route to settlement.
Upon the completion of the leave to remain under the 5 years or 10 years route, you will be eligible to apply for indefinite leave to remain / settlement in the UK.
The main requirements you would need to satisfy towards acquiring Indefinite leave to remain are similar to the ones you met while applying for the initial entry clearance as a spouse and the extension with slight changes:
In order to achieve a favourable result on your spouse visa application, the following requirements must be taken care of while applying:
In support of the Spouse Visa application, British Home Office generally requires that the sponsor and the partner have met each other at least once during their marriage. It is to prove that both have spent sufficient time together and that their relationship is genuinely authentic.
The sponsor and the partner can satisfy the financial needs from any of the following sources:
Please note that per dependent, the spouse visa income threshold (£18,600) will exceed in the following manner.
Hence the financial threshold will increase to £22,400 if you have a child.
So, is there any room for flexibility that could rule out meeting the financial requirements?
Yes, there is! The sponsor might be exempt under certain circumstances, such as disability etc.
Here is a checklist of the documents that must be provided in support of your Partner Visa application:
Get detailed consultation from our expert Legal Professionals to assist you in preparing your Spouse visa application to ensure that you don’t miss out on any evidence that could help your application’s success.
An English language test is required by all applicants applying under Spouse visa 5-year route, unless exempt.
For entry clearance/leave to enter as a spouse or civil partner, the required Level is CEFR (Common European Framework of Reference for Language) level A1.
The English language requirement only applies to those applying as the main applicant under the rules listed above. It does not apply to dependents of such applicants.
For spouse visa extension (Further leave to remain), the applicants must fulfil CEFR level A2.
The applicants can fulfil the English language requirement in the following ways:
Exemption from the Language requirements:
Be sure to contact the accredited Secure English Language Testing (SELT) provider center. The test can be taken at any approved centre. The applicants can make several attempts to pass the test, and there is no time frame ascribed by the UK Immigration rule as long as they provide evidence of successful test result at the time of application.
The applicant and partner must fulfil the accommodation requirement to ensure that the property is spacious enough for the couple to reside together. It is generally recommended to provide key evidence in your UK Spouse Visa Application, i.e., a housing report, tenancy agreement, mortgage statement or letter from the Homeowner providing accommodation can be provided in support of the application. The accommodation requirements must satisfy the UK Standards of Living.
Providing proof of accommodation—that you have an adequate living space where you and your spouse can reside permanently within the UK.
The standard fee for the Spouse entry clearance visa in 2022 is £1538 with an Immigration Health surcharge of £1872. If you want to avail a priority premium service, the fee for this service is £573.00 on top of the standard application fee.
For in country Spouse visa extension or switch the application fee is currently £1033, the Immigration health surcharge is around £1560 and priority services are for £500-£800.
For settlement as a Spouse of a British citizen the standard application fee is £2389.00. There is no Immigration Health Surcharge for settlement applications and applicants can also avail the priority services for settlement applications.
Moreover, per UKVI criteria, you are required to pay Immigration Healthcare Surcharges which are approximately £1,000 (inside the UK), and £1,200 (outside the UK). Likewise, you are required to pay for the medical reports especially Tuberculosis test: £65-110, which are the same for both ‘in-country’ and ‘outside’ the UK spouse visa applicants.
Upon the UK Spouse visa expiry, your spouse can’t reside in the UK unless an in-time further application request for an extension or settlement (after extension) is made. Moreover, you must inform the Home Office if in case you are splitting from your partner. It is also important that the applicant abides by the UK immigration rules while living in the UK to prevent any refusal on future Visa applications.
There could be multiple reasons that could lead to the refusal of your UK Spouse Visa application, i.e., misinformation, incomplete evidence, error etc. However, the most common grounds of Spouse Visa rejections are generally due to inadequate information. Nevertheless, you can still appeal Spouse Visa Refusal provided you have concrete grounds to support your application. Failing to do so, you might have to reapply with a fresh application.
You can appeal yourself or can request a legal representative to prepare the grounds and represent the case on your behalf at the Court. The judge can then decide whether to allow your appeal or dismiss it based on the evidence and grounds.
Please bear in mind that your appeal is unlikely to succeed if the mistake is solely made by you. For instance, lack of mandatory documents etc., may result in dismissal. Ideally, your immigration lawyer would recommend you to fresh start your Spouse visa application to assure that you have substantial evidence and documents for a successful application.
If you want to discuss your refusal in detail, we can book an advice session for you. Our legal team will assess your eligibility and evidence provided during the session and guide you for the best possible option, i.e. either for appealing your decision or reapplying with further evidence. Over the past years, we have ensured that our clients (5000+ Clients) don’t face any potential risk of refusal by keeping a good track record of successful Spouse Visa applications from the start of the application until the Home office makes the final decision.