Entry clearance for a Spouse Visa
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
- The applicant must be outside the UK
- The application for entry clearance as a spouse must be a valid one
- Must not fall for refusal under any of the grounds in Section S-EC: Suitability-entry clearance; and
- The applicant must meet all of the requirements of Section E-ECP: Eligibility for entry clearance as a partner
Entry clearance applications will be refused if
- There is a directive from the Secretary of State that the exclusion of an applicant from the UK is conducive to public good.
- The applicant is subject to a deportation order as at the date of application
- The exclusion of the applicant from the UK has been deemed conducive to public good as a result of the applicant conduct, character or association.
- Without a reasonable excuse, the applicant failed to show up for a compulsory interview or provide a specified information or undergo a medical examination or report when required to do so. It is immaterial whether the false or misrepresentation is intentional or known to the applicant or not.
- It is undesirable to grant entry clearance for medical reasons
- The mandatory NHS surcharge and other compulsory charges has not been paid has failed
- Failure to provide a requested maintenance and accommodation undertaking.
Eligibility for entry clearance as a spouse
The following requirements are required to be met in order to be eligible for entry clearance to the UK
- The applicant’s spouse must be either a British national, present and settled in the UK or with a refugee leave or with humanitarian protection.
- The applicant must be 18 years old or over at the date of application.
- Both partner must not be within the prohibited degree of relationship
- The applicant and his/her spouse must have met in person
- The relationship must be both genuine and subsisting.
- The marriage between both parties must be valid and legal
- Except the marriage is a polygamous one, every previous marriage must have been completely dissolved.
- There is an intention to permanently live together in the United Kingdom.
To meet the financial requirement for spouse visa applications, the sponsor will have to earn a gross income of at least GBP18,600 per annum. In a situation where the applicant is looking to apply with a child, an extra GBP3,000 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.
- Income of the partner from specified employment or self-employment, which, in respect of a partner returning to the UK with the applicant, can include specified employment or self-employment overseas and in the UK.
- Pension of the applicant and/or partner
- Maternity allowances or bereavement benefit received by the partner in the UK
Other specified income and/or savings specified by the applicant and/or partner
Please note, exemptions from meeting the financial requirement will be applicable if the sponsor is receiving any income from any of the following source:-
- Disability living allowance
- Severe disablement allowance
- Industrial injury disablement benefit
- Attendance allowance; or
- Carer's allowance; or
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.
English Language Requirement
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 :-
- A citizen of a majority English speaking country; or
- A educational degree from a higher educational institution in the United Kingdom
- Passed a UKVI recognized English language test
- Exemptions will apply if the applicant is applicant is over 65 years old
- Where the applicant suffers from a disability that prevents them from meeting the English language requirement.
- If there are exceptional circumstances which prevent the applicant from being able to meet the requirement prior to entry to the UK