Spouse Visa

Spouse Visa

Spouse Visa Application, Extension, Requirements, Refused

Marriage to a British citizen does not guarantee the right to live in the UK. In addition to proof of marital status, you need to obtain a Spouse Visa.

What is a Spouse Visa?

It gives an eligible foreign national the official right to live in the UK with their partner. It includes those married, in a civil partnership and even cohabiting without formal status. The visa scheme can also apply to those engaged to be married and to prospective civil partners. The applicants must be British citizens or individuals with settled statuses, such as indefinite leave to remain.

Who is Eligible?

Both partners must meet eligibility requirements. The partner already living in the UK must:

– be a UK or Irish citizen by birth or by naturalisation; or

– be settled in the UK with indefinite leave to remain, EU settled status or permanent residence; or

– have humanitarian protection or refugee status in the UK; or

– possess a Turkish Businessperson or Turkish Worker visa.

In addition, you are obliged to demonstrate that the partnership is a genuine relationship, that you have funds to support yourselves, that you have appropriate accommodation arranged and that the applicant has sufficient knowledge of the English language.

Relationship

You need to prove that you are in a marriage or civil partnership recognised under UK law, that you have been cohabiting as spouses for at least 2 years, or that you can provide evidence of your plans to marry or enter a civil partnership within 6 months of arrival.

Finance

The partner already living here must have a gross annual income of at least £18,600. This requirement is higher if the applicant is accompanied by children: £3,800 for the first child and £2,400 for any other children.

English

The applicant can take an English language test but will automatically qualify if they have an academic qualification taught in English. Exemptions apply to those over 65s or those prevented from speaking or learning by any physical or mental condition. Applicants from several countries in the Americas and the Caribbean are also exempt.

Accommodation

This must be owned or occupied exclusively by the applicant and their family and meet the statutory requirements of living space and public health standards.

Every eligibility requirement must be supported by documentary evidence. There are also fees to pay, the main ones being £1,033 for an application from within the UK and £1,523 from outside. A health surcharge is also payable.

How Long Does the Visa Last?

The Spouse Visa is time limited. It will initially be granted for a maximum of 2 years and 9 months (6 months for engaged partners and those planning a civil partnership).

Spouse Visa Extensions

Before the end of the initial period, you can apply for a 2-year 6-month extension provided that the same eligibility requirements are met. After 5 years (3 months before the end of the maximum initial period and the extension), you can apply for Indefinite Leave to Remain (ILR), thereby gaining a permanent right of residence. Again, ILR depends on the same conditions of eligibility.

Refusals

Failure to fulfil any of the formal requirements can result in an application being refused, particularly to the genuine nature of the relationship and the sufficiency of the evidence you submit regarding maintenance and accommodation.

Even if you meet all the eligibility conditions, the application may still be refused. This may be because of a failure to pay the compulsory charges or to comply with procedures such as interviews and medical examinations. There are also the following public policy concerns:

–        the Home Secretary may consider the applicant’s presence to be detrimental to the public good for one or more reasons of conduct, character or association

–         the applicant may be subject to a deportation order

–         there are medical reasons for refusing the application

If an application is refused, you are entitled to appeal the decision, in which case you should consult an immigration lawyer for help.

Help is at Hand

Applying for a Spouse Visa can seem a frightening challenge with no guarantee of success. At Stellar Immigration Services, we understand that this can be a life-changing process. That’s why we offer flexible consulting and legal services with a highly personal touch tailored to the needs and circumstances of the individual.