A UK Spouse Visa is for non-UK residents aged 18 or over who are engaged, married to, or has a proposed civil partner who is aged over 18 living in the UK. It is a type of settlement visa known as the UK partner visa.
The qualifying criteria vary depending on your partner’s situation. You need to apply for a UK Partner Visa if you are coming to the UK to join your partner or spouse from outside the European Economic Area.
If you hold a Spouse Visa in UK, you have the right to work like all British citizens. However, you cannot claim most benefits, such as public funds, housing allowance or tax credits.
The qualifying criteria vary depending on your partner’s situation. You need to apply for a UK Partner Visa if you are coming to the UK to join your partner or spouse from outside the European Economic Area.
If you hold a Spouse Visa in UK, you have the right to work like all British citizens. However, you cannot claim most benefits, such as public funds, housing allowance or tax credits.
Who can apply for a Spouse Visa?
You can apply for a UK Spouse Visa if you are:
- Aged 18 years or over
- Married or in a civil partnership that is recognised by the UK
- Married to a British citizen or UK settled person
- You have been living together in a relationship for the past 2 years and you can prove it
- You are engaged, or you hold a Fiancé Visa UK and will get married within 6 months of being in the UK
- British citizens can send the leave to remain forms on their partner’s behalf as long as they are eligible. You must list their name and information as the applicant’s details.
What are the requirements for a Spouse Visa?
Before you submit your application for a UK Spouse Visa, you need to:
- Have all the required documents
- Pass the ‘Genuine Relationship Test’
- Meet the minimum income threshold and the financial requirement
- Demonstrate your knowledge of the English language
- Have proof of suitable accommodation for you, your partner and any dependents
- Get your biometrics taken to get leave to remain
- To remain in the UK, you may also need to pass a medical test to show you don’t have Tuberculosis (TB), depending on the applicant’s country of residence
What is the ‘Genuine Relationship Test’?
The UK Spouse Visa applicant needs to be able to prove they are in a genuine relationship, such as a civil partnership, with their British citizen partner. There are lots of different types of evidence you can send to the Home Office, such as:
- A joint mortgage or tenancy agreement, either in the UK or outside the UK
- Evidence of any children you have together, such as a birth certificate
- Photographs that show you have spent time together frequently
- A shared bank account or savings
- Text messages or social media chat logs
- Travel documents that prove you’ve visited each other at least once before you got married
- Any documents which prove that you intend to live together in the UK
What are the Spouse Visa required documents?
Making sure you have all the correct documents to support your UK Spouse Visa application will help to ensure it is successful and prevent delays.
These are the documents you will need to send to the Home Office to get the right to remain in the UK:
These are the documents you will need to send to the Home Office to get the right to remain in the UK:
- Your original marriage or civil partnership certificate
- Proof that you and your partner have been living together for at least the past two years
- A valid passport to get leave to remain in the UK
- A valid certificate to meet the English language requirement
- Proof of accommodation
- Proof that the relationship is genuine
- Proof that you meet the income threshold and the financial requirement
- Proof that you are married to a British citizen or settled person (for example, UK citizens can submit a copy of their passport)
Please note that any documents that are not in English need to be accompanied by a translated version from a professional translator. All evidence must be in the exact format required by the Home Office.
What are the Spouse Visa financial requirements?
The UK national of the relationship is known as the sponsor and he or she is required to meet specific criteria.
First, you will need to prove that you and your partner meet the financial requirement and have enough money to support yourselves without claiming public funds.
The UK spouse needs an income of at least £18,600 before tax if there are no dependent children.
If you have one dependent child, you will need an income of £22,400 before tax to meet the financial requirement. For any other children, the sponsor will need an extra £2,400 for each subsequent child.
First, you will need to prove that you and your partner meet the financial requirement and have enough money to support yourselves without claiming public funds.
The UK spouse needs an income of at least £18,600 before tax if there are no dependent children.
If you have one dependent child, you will need an income of £22,400 before tax to meet the financial requirement. For any other children, the sponsor will need an extra £2,400 for each subsequent child.
What if I don’t meet the financial requirement?
If you don’t have enough money from all the listed sources of income to meet the mandatory Marriage Visa financial requirement, or you are unsure about your income, seek the advice of our specialist immigration lawyers, as exceptional circumstances may apply.
What sources of income can be included towards the Spouse Visa financial criteria?
To meet the minimum income requirement for your UK Spouse Visa application, you can use:
- Savings over £16,000
- Earnings from employment or self-employment
- Maternity, paternity, adoption or sick pay
- Pensions
- Other income such as that generated from rent or shares
- If your partner is applying from outside the UK, they can use their savings to contribute towards the total income amount – but not their earnings. Nevertheless, if your partner is working in the UK, their earnings can count towards the total amount.
You can also use a combination of savings and earnings to help you meet the minimum income threshold. However, you will need to prove you have enough financial support for the entire length of the permit.
To see how much you will need in savings, first subtract any other eligible income from your minimum requirement. Then, multiply this figure by 2.5 and add 16,000.
To see how much you will need in savings, first subtract any other eligible income from your minimum requirement. Then, multiply this figure by 2.5 and add 16,000.
Need assistance?
J & S Law Firm are experienced UK immigration specialists offering guidance and support to individuals in relation to their UK immigration status and making Home Office applications. We can advise on the eligibility criteria you will need to evidence and the process you will need to follow for your application. With over decades of experience, we always provide rock-solid support to our clients and help them achieve their goal efficiently and smoothly.
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