UK Spouse Visa Applications

FURTHER DETAILS

UK Spouse Visa requirements

To qualify for a UK Spouse Visa, the applicant and their partner must meet a series of relationship, financial, accommodation, English-language and suitability requirements. The precise evidence required will depend on whether the application is being made from inside or outside the UK and on the couple’s individual circumstances.

Sponsor eligibility

The applicant’s partner must normally be British or Irish, settled in the UK or hold another qualifying immigration status. Both partners must be aged 18 or over and must intend to live together permanently in the UK.

A valid and genuine marriage

The marriage or civil partnership must be legally recognised in the UK. The Home Office must also be satisfied that the relationship is genuine and subsisting and has not been entered into primarily to obtain immigration permission.

A marriage certificate establishes that the marriage took place, but it does not necessarily prove the history and continuing nature of the relationship. Depending on the circumstances, supporting evidence may include:

• evidence of living together;
• joint tenancy agreements, bills or financial commitments;
• records of communication during periods spent apart;
• evidence of visits and time spent together;
• photographs and evidence of significant family events; and
• an explanation of the couple’s relationship history and future plans.

The objective is not simply to submit a large volume of documents. The evidence should provide a consistent and credible account of the relationship.

The financial requirement

Most new spouse visa applicants must show that the applicable minimum income requirement is met. The current threshold will usually be assessed using permitted sources such as:

• salaried or non-salaried employment;
• self-employment or partnership income;
• income from a specified limited company;
• pension income;
• property rental or other permitted non-employment income;
• cash savings held for the required period; or
• a permitted combination of income and savings.

The financial rules are highly technical. The documents required can vary depending on the income category, length of employment, date of application and whether the applicant’s UK income can be counted.

Different requirements may apply where the sponsor receives certain specified benefits or where the applicant is protected by transitional arrangements from an earlier partner visa application.

Adequate accommodation

The couple must normally show that they will have adequate accommodation in the UK without overcrowding or relying on public funds. The evidence may include a tenancy agreement, title register, mortgage statement, letter from the property owner or an accommodation inspection report where appropriate.

English-language requirement

The applicant must normally meet the relevant English-language requirement through an approved test, an eligible academic qualification or nationality from a qualifying English-speaking country. Exemptions may apply because of age, disability or other specified circumstances.

Applications from inside the UK

A person already in the UK may be able to switch to the spouse route, but this depends on their current immigration status. Visitors and people granted permission for six months or less cannot usually switch from within the UK, although limited exceptions may apply.

Where there has been overstaying, unlawful residence or another immigration issue, the application may need to rely on a qualifying child, insurmountable obstacles to family life continuing overseas or other exceptional circumstances. These cases require careful legal assessment.

Spouse visa extensions

Applicants on the five-year partner route are normally granted an initial period of permission followed by a further extension before they become eligible for settlement. An extension application must show that the relationship continues and that the applicable financial, accommodation and English-language requirements remain satisfied.

Couples should retain evidence of cohabitation throughout the visa period, including correspondence addressed to both partners or to each partner individually at the same address.

Indefinite leave to remain

A spouse visa can normally lead to indefinite leave to remain after five years on the qualifying partner route. The applicant must continue to meet the relevant relationship and financial requirements and will usually need to satisfy the English-language and Life in the UK requirements.

Applicants granted permission on the ten-year family route may be subject to a longer qualifying period unless they later become eligible to switch to the five-year route.

Common reasons spouse visa applications are refused

A spouse visa application may be refused where:

• the incorrect financial category or calculation has been used;
• mandatory payslips, bank statements or employer letters are missing;
• cash savings have not been held for the required period;
• self-employment or company documents do not cover the correct financial year;
• the relationship evidence is inconsistent or insufficient;
• previous marriages have not been legally dissolved;
• the accommodation evidence is inadequate;
• the English-language evidence is not accepted; or
• an immigration or criminal history has not been properly addressed.

How Westkin can assist

Our spouse visa lawyers can provide support with:

• applications from outside the UK;
• switching to a spouse visa from within the UK;
• spouse visa extensions and indefinite leave to remain;
• employment, self-employment, company and savings calculations;
• complex relationship or accommodation evidence;
• previous refusals and suitability concerns;
• applications involving overstaying or exceptional circumstances; and
• urgent applications where existing permission is approaching expiry.