Spouse Visa UK

You must prove one of these:

• You’re legally married or in a legally registered civil partnership in the UK.
• Also, you must have been in a committed relationship for a minimum of two years prior to applying.
• You are going to marry or form a civil partnership in the UK within 6 months if you are a fiancé, fiancée, or suggested civil partner.
• you’ve been together for at least two years when you apply, but you can’t live together because of things like work or school, or because it’s not acceptable in your culture.

And you must demonstrate that you:

• can fluently communicate in English
• fulfil the financial needs

Even if you are unable to provide this documentation, you can still be eligible to apply for a visa or have your stay extended if:

• You have a kid in the UK who is either a citizen of the UK or Ireland, or who has lived there for seven years, and it’s not fair for them to leave the UK
• It would violate your human rights to stop you from coming to the UK or force you to leave.
• Applying as a fiancé, fiancée, or prospective civil partner

You have to prove that:

• all prior unions, whether matrimonial or civil, have ended
• within six months of your arrival in the UK, you intend to  marry or become civil partners

During your engagement, you won’t be able to work or study. If you want to stay in the UK for longer after being married or becoming a civil partner, you’ll have to ask for permission. You can legally work or attend school in the UK if your application is accepted.

Genuine Relationship Requirement

Please provide proof that:

• originates from the government, a bank, a landlord, a utility company, or a medical worker
• verifies the nature of your relationship with your companion, such as whether you are married, in a civil partnership, or simply share living expenses
• no more than 4 years old

You can use:

• a document attesting to a civil union or marriage
• evidence that you reside at the same address or are joint bill payers, such as a rental agreement, energy bills, or council tax invoices
• proof of residency at the same location or a joint bank statement
• a letter verifying your residency at the same address from your dentist or physician

If you don’t have any proof that fits these requirements, you can still offer other forms of evidence, such as:

• a one-time expense, such as veterinary fees or the cost of home repairs
• documents verifying that both you and your spouse are listed as voters at the same address
• student financial documents proving your residence

Not living together

If you can’t live together because of work, school, or culture, you’ll have to show that you’re still committed to each other. You can do this by presenting proof that you:

• chat on a frequent basis
• financially support each other
• together, take care of any kids you have
• spend quality time as a couple, whether it’s on vacation or attending an event.

You must prove to UK Visas and Immigration (UKVI) that your relationship is real. In light of this, they keep a sharp eye out for “sham” weddings and relationships, in which applicants exaggerate their status as being in an eligible relationship.

Consult one of our immigration attorneys if you have any doubts about whether or not your relationship qualifies as genuine.

Financial Requirements for UK Spouse Visa

In order to apply for a spouse visa, both the applicant and their partner in the UK must earn at least £29,000 per year. The requirement for additional income will no longer be applicable if the applicant is a parent.

Only the following income sources will be taken into account:

• Employment or self-employment income
• Applicants’ and partners’ pension plans
• Benefits that a partner receives in the UK, such as maternity allowances or death benefits
• Any additional sources of income or savings that the applicant or partner may have

With a minimum of £88,500 available (up from £62,500 previously), you can fulfil the spouse visa financial requirements through cash savings solely.

If a sponsor is getting money from the following sources, they don’t have to meet the financial requirements:

• Disability living allowance
• Severe disablement allowance
• Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme
• Mobility Supplement, Constant Attendance Allowance, or War Disablement Pension under the War Pensions Scheme
• Police Injury Pension
• Industrial injury disablement benefit
• Attendance allowance
• Carers’ allowance

This implies sponsors don’t need to prove £29,000 income. Keep in mind that even if a partner meets the requirements for exemption as stated above, the applicant still needs to prove they can support themselves in the UK and have a place to live (without relying on public assistance). If you need further guidance, feel free to contact one of our immigration lawyers.

English Language Proficiency Requirement

There are three ways to prove that you have a sufficient command of the English language, which is required for partner and spouse visa applications:

• Accomplishing the English language requirements is as simple as passing an official CEFR (Common European Framework of Reference for Languages) exam administered by a recognised testing institution. The required level of written and spoken communication is A1. After your initial stay in the UK ends, you will be required to demonstrate continuous growth in your English language skills by passing the CEFR at level A2.
• If your degree or equivalent academic credential was offered in English, you will also fulfil the language eligibility requirements.
• You may be exempt from the English language requirements if you fall into one of the following categories:
  • Your age is more than 65.
  • Also, you are unable to fulfil the criterion due to a medical or mental condition.
  • Your country of origin is one of these: Australia, Barbados, Antigua and Barbuda, Barbados, Barbados, Belize, Canada, Dominica, Grenada, Guyana, Jamaica, New Zealand, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Trinidad and Tobago, USA

Spouse Visa UK Accommodation Requirements

The applicant must demonstrate adequate UK housing:

• Only the applicant and their immediate family live there or own it.
• Enough living space
• Fulfils all requirements for public health

Previous Relationship Ended Permanently

The Home Office will need proof that you and your spouse are not married to anybody else when you apply for spouse entry clearance.

You and your spouse will need to show proof that any earlier marriages have ended. A civil court decree absolute is required as proof of a divorce in the UK. If you’re getting a divorce from a nation other than the UK, you’ll need legal documentation that is comparable to a decree absolute certificate.

An Unmarried Partner Visa may be available to you even if your marriage to your spouse has not been formally dissolved. The prior connection must have ended permanently, and you must prove that the new one is real and ongoing.