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 their spouse to join them in the UK. 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 year.
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 year.
If you are not able to meet the financial requirement using one source of income, you can combine the following source of income.
The immigration rules allows the spouse of a person present and settled to apply for entry clearance as a spouse in the UK. The definitions of a person present and settled in the UK also include persons who have been granted settlement at the same time as the applicant.
The following are the requirements for entry clearance as a spouse
Entry clearance applications will be refused if
The following requirements are required to be met in order to be eligible for entry clearance to the UK
To meet the financial requirement for spouse visa applications, the sponsor will have to earn a gross income of at least £18,600 per annum. In a situation where the applicant is looking to apply with a child, an extra £3,000 will be required. To find about how much you will need to show in order to meet the financial requirements (especially with respect to your children, please contact our lawyers for free advice on 020 3744 2797
Please note that maintenance funds will be taken into consideration in line with the source of the funds in question. Only sources listed below will be considered.
Please note, exemptions from meeting the financial requirement will be applicable if the sponsor is receiving any income from any of the following source:-
It is important to note however that in the event that the partner qualifies for exemption in line with the above, the applicant will still need to show that they have enough funds to maintain themselves in the UK as well as having adequate accommodation; having no recourse to public funds.
The applicant would need to show that they have an adequate knowledge of English language. The following are the ways in which an applicant can meet the English language requirement :-
Migrants currently in the United Kingdom with a valid leave to remain or enter for a period more than six months and are married to a British national, a person present and settled in the UK or with a refugee status or humanitarian protection can apply to switch into a spouse visa from inside the country.
Switching visas in the UK is when someone who currently has leave to remain there decided to switch to being in a different visa programme. One of the options is switching to a spouse visa where the proposed applicant is in married to a citizen of the EEA. The benefit of switching into a spouse visa is that your case for remaining as a spouse may be stronger than your claim to extend your current visa. The spouse visa is one of the UK’s longer lasting visas and is also extendable to cover the possibility of gaining indefinite leave to remain after 5 years.
The process is reasonably straightforward, like many other visa programmes it is all down to eligibility. The main areas of eligibility for switching to a spouse visa are;
Evidence of a relationship
Documentary evidence to support the finance requirements (please note that after August 2017 the Home office must take specific conditions in mind when it comes to the minimum income threshold).
Good English language skills
These are pretty common among the visa programmes in the UK and are designed to ensure that applicants are who they say they are. The UK is currently trying to reduce net migration and so is ensuring that as much as possible every applicant is genuine. This means that getting a visa in the UK is no easy task and this is where we come in. Turning your case over to an immigration specialist law firm means that you get the very best support possible. We don’t just fill out your document for you, we also ensure that you have all the correct supplementary evident that officials will need to prove you are genuine. We can also ensure that you are presented as the best candidate possible for the visa application process. We take care of all of the details so you can be safe in the knowledge that you have a strong team supporting you every step of the way.
Using a specialist immigration law firm might sound expensive, but you may be surprised by our prices and delighted by our service. As a firm of experienced professionals in the field, we bring together a huge collective knowledge base of immigration law. Empowering this team to work for you may ensure that you have the greatest chance of success and future prosperity. Having a law firm draw up your application ensures that everything will be completed exactly the way it needs to be done and that it will stand up as a strong testament to how genuine an applicant you are.
The visa application process can be stressful and complicated so why don’t you let our team help get you the result that could mean the world. Excellence is what we specialise in so why not put us to the test? If you would like to know how we can help or for more information then please contact us.
If you have been last granted leave as a spouse of a British citizen or a person present and settled in the UK or a refugee, you should be able to apply for a renewal or extension as the case me be; of your spouse visa provided you are still married to your visa sponsor and continue to meet other immigration requirements.
Please note that if your spousal application was granted prior to 09 June 2012, you extension application will be considered in line with Appendix FM of the Immigration Rules.
It is also important to note that spouse visa applications which are considered under Appendix FM as mentioned above would be subject to meeting the financial requirements which involves showing an annual income of at least £18,600 before tax.
If you have been granted a spouse visa under the Appendix FM, you will need to apply for ILR using the SET (M) application form; provided you have continually resided in the UK for 5 years under the spouse visa immigration category. You will need to meet the financial requirement of £18,600 gross per annum. Exemptions are applicable to individuals who are normally exempt from meeting such requirements under Appendix FM
A person who was granted spouse visa under the rules in place before 9 July 2012 can apply for Indefinite Leave to Remain (ILR) using SET (M) application upon completion of 2 years residence in the UK on spouse visa. The applicant can submit SET (M) application 28 days before completion of 2 years residence in the UK as a spouse.
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
Hi there, I am a British citizen me and the other half decided to get married 2 years ago therefor I travelled to Iran had a ceremony and unfortunately due to some domestic problems I was trapped in Iran for last 2 years. at the stage that I was forbidden to leave Iran (on no-fly list) due to Islamic law that we were literally going for divorce, Cut the story short things got better we are back with each other and decided to take action for her and spouse visa, I have some obstacles in UK as far as the criteria goes. Therefore, I need your help. Thanks, (information withheld)
My cousin just got married in (information withheld) to a person who is deaf and dumb. My cousin is also same. Her husband is UK National and works in a supermarket. He has got another wife from whom he has separated but not given Divorce. If he wants to bring her to UK, what are the requirements? Also, does she need passport with his name or can apply with her maiden name passport.
Hello, I’m a (Information withheld) national marrying a (information withheld) in August 2018. Currently I’m in the UK on Tier-2 ICT visa. I had a couple of questions about getting a Residence Card after we’re married, such as whether I’d be able to work for a different employer while I’m waiting for my card and whether I can apply without my passport to be able to travel in the meantime. How much do you charge for your advice and how can we schedule an appointment please?
Switching to Spouse Visa from Tier 4 Student Visa. My partner (information withheld, UK citizen) and I (information withheld) been in the UK for almost 6 years, currently hold Tier 4 student visa) have just legally registered for marriage under the UK marriage registrar. And have booked our venue for celebrant wedding on (information withheld) 2019. We have been in a relationship for almost 2 years. However, as we are both Christians, we are intended to only live together from: (information withheld) 2019 after our celebrant wedding at church. Therefore, we would like some advice on how to best present our case to the home office if we are planning to apply for spouse visa before we can proof our living together criteria. Hope to hear from you soon. (Information withheld)