Spouse visa allows the spouse of anyone who is present and settled in the UK to join their present and settled in the UK to bring thier spouse A British citizen or settled person (a person with Indefinite Leave to remain or permanent residence) is eligible to bring their spouse to join them in the UK.
The UK marriage visa is a term commonly used to refer to the spouse visa however, there lies a minor difference between the two. A spouse visa allows the spouses of British citizens and/or persons free from immigration control to join their partners in the UK. A marriage visa refers broadly to several visa categories which allow partners of persons with lawful residence to bring their overseas partners to join them in the UK. This may include dependants of persons who would normally need a visa to come into the country as opposed to a spouse visa which is issued solely to spouses of ‘British citizens or settled persons.
Importantly, what is commonly called a marriage visa does not in itself exist as an immigration route however, a spouse visa is an immigration category. A marriage visa may include both a spouse visa and PBS Dependant visa as a spouse or someone with a valid leave to remain in the country (Tier 1, 2, or 4).
The kind of marriage visa you will need will normally depend on your circumstance.
British citizen —> Spouse visa
Person with ILR or permanent residence —-> Spouse Visa
EEA National married to a non-EEA —> EEA Family permit (submitted outside the UK)
Person with refugee status or humanitarian protection —> Family reunion
Tier 4 student visa – Dependant of a Tier 4 visa holder
Tier 2 general visa – Dependant of a Tier 2 General visa holder
A spouse visa is normally issued for 2.5 years and allows the holder to work in the UK without restrictions. At the end of the first granted 2.5 year period, the holder is able to apply for an extension and would be eligible for indefinite leave to remain after 5 years on this visa route.
Please note that for indefinite leave to remain applications you will need to provide evidence of cohabitation throughout the 5 year period.
In order to be able to make this application both parties must be able to provide the following: –
The requirements for the Spouse visa can be found in the Appendix FM of the immigration rules.
Importantly, four main requirements would need to me met.
In order to be able to bring in your spouse to the UK, you need to be able to show that you can look after them whilst in the UK. You need to earn above a threshold to prove that they will not be a burden on the state whilst in the country. This is what is referred to as meeting the financial requirements.
It is important to note however that you will be exempt from the financial requirement if you are in the UK as a refugee or under humanitarian protection. However, you will still need to show that you earn a minimum gross salary/wage; the amount will depend on who you are applying for.
If you are applying for your spouse alone you will need to show that you earn a minimum gross annual of income of £18,600.
If you are applying for your spouse and one child the financial requirement is £22,400 gross per annum.
For every additional child in addition to point 2 above you need to add £2,400 for each child to the £22,400 gross per annum.
If you are not able to meet the financial requirement using one source of income, you can combine the following source of income.
We have a team of professional immigration lawyers who specialise in assisting clients with spouse visa applications. Our spouse visa lawyers specifically boast of over 20 years’ experience in spouse visa applications. Call us today for a free assessment on 020 3744 2797 or drop us an email on firstname.lastname@example.org.
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