Individuals will need to hold the UK Spouse Visa for 5 years to get Indefinite Leave to Remain.
ILR, sometimes referred to as Permanent residence, can be applied for after having held the this visa for a minimum period of 5 years. ILR can be applied for at the earliest opportunity 28 days before the 5 year period is complete. For individuals looking to move to the UK to start a new life with their family, the UK Spouse Visa is often the first logical step for making this a reality.
Find out more about Indefinite Leave to Remain in the UK.
How can you apply for British Nationality?
How soon you can apply for British nationality depends on if your sponsor is British or not. If they are, you can apply for British citizenship as soon as you have obtained your ILR and lived in the UK for a minimum of 5 years. If your sponsor is not British but just has ILR, then you need to wait a further 12 months after your ILR was granted before you can apply for a British passport.
UK Spouse Visa Requirements
There are 5 main Spouse Visa requirements which we will break down in more detail below:
- Adequate Accommodation
- English Language ability
- Genuine relationship
- Tuberculosis screening (if applicable)
Please note that this guide does not deal with issues around general grounds of refusal, as such if you have an entry ban or suspect you may be refused for general grounds of refusal such a criminal record, please contact us for further advice.
Spouse Visa Financial Requirements
1.1 How to meet the Financial Requirements
The Financial Requirement of the Spouse visa application tend to be the most complex and document heavy. It is critical for applicants to meet the minimum income threshold and provide the exact corresponding evidence in order to satisfy this requirement. For the purpose of this guide we will go over some of the common ways to meet the financial requirements, if you do not meet examples below please consult with us as it is likely that there still is a way for you to meet the financial requirement
Firstly a calculation needs to me made on what the minimum income shall be, the starting point is always £18,600.
This value will increase if you wish to include any children whom are under 18 and are not;
- British Citizens, or
- Hold Indefinite Leave to remain, or
- Are EEA nationals
If the are not then the minimum income will increase by;
- £3,800 for the first child included, and
- £2,400 for each additional child thereafter.
If you require further assistance with the UK Spouse Visa financial requirements, our team are happy to help.
1.2 Whose income can be used for the Spouse Visa application?
As a general rule of thumb if applying for entry clearance (I.e you are applying from outside the UK) then only the sponsor can show their income to meet the financial requirements. If applying to vary your visa or extending your current visa then both the sponsor and the applicant can show their income.
What sources of income are accepted?
The accepted sources of income can be broken down in to 5 broad groups:
- Salaried or non-salaried employment income
- Self-employed income or income as a Director from a UK company
- Cash Savings
- Non-employment income (eg property rental income from shares or interest from savings)
- State or private pensions
Each of the above groups have their own specific sets of rules and required documentation. Furthermore not all income sources may be combined with each other; e.g. Self-employed income cannot be combined with cash savings.
Furthermore it is noted that the following categories can only be shown by the sponsor unless the applicant also has permission to work in the UK:
- Salaried or non-salaried employment income
- Self-employed income or income as a Director
1.3 What income cannot be used?
The following types of income are not accepted as valid income for the Spouse visa application:
- Financial support from third parties such as family or friends (child maintenance and gifts of cash savings that meet the savings requirements may be accepted)
- Credit or other types of loans
- Income assessed benefits such as; Housing benefit, Jobseeker’s allowance and Income Support etc
- Child benefit, Child Tax credit, Universal Credit or other similar types of benefits
- Any other income source not part of the five approved income sources
It is noted that receiving these benefits does not stop you from sponsoring your partner, it just means the money that you receive is not counted towards the minimum income you receive.
If you're unsure whether you meet the financial requirements, please get in touch so our team can assist you.
1.4 How long do I have to be earning the required amount?
- For salaried and non-salaried income:
- if you have been in your job for longer than 6 months then you only need to show the equivalent value over the last 6 months .
- If you have been in your job for less than 6 months then you need to show that you earned the minimum amount over the last 12 months
- For Savings you need to show that you held the funds for a minimum period of 6 months (see the cash savings section below for further details)
- For Non-employment, you would need to show the last full tax year
- For Self-employed and Income as a Director, then you would need to show the most recent completed tax year or the average over the last 2 financial years.
For Pensions an annual amount can be used providing it has been in receipt for at least 28 days.
1.5 What if my sponsor is currently living outside the UK?
If you are living with your partner outside the UK and you plan to re-enter the UK together then the rules vary. You can still rely on all five of the income sources mentioned earlier however for salaried and non-salaried employment the rules are different as it would require the sponsor to have a job offer in the UK.
Only the salaried or non-salaried income of the sponsor will be counted, there is a two step process to meet in order to satisfy the requirement;
Step 1: The Sponsor would demonstrate their current employment income meet the minimum income requirement, either over the last 12 months if they have been in their job for less than 6 months or just the last 6 months if they have been in their job for more than 6 months.
Step 2: The Sponsor would need to show that they have a job offer in the UK, which would give them an income reaching the minimum income requirement. This job would need to start within 3 months of their entry to the UK.
If your sponsor is living outside of the UK and you need assistance with the financial requirements of the Spouse Visa, please get in touch.
1.6 How does cash savings work?
Yes, savings held in the name of the sponsor, the name of the applicant or jointly between the two can be used. Savings can be used fully satisfy the income requirement or to cover any short fall in your income.
Please note that only cash savings are accepted, this means that property or assets are not recognised unless they are sold and held as cash.
It is not however as simple as just providing the missing amount from your income as the exact cash amount. The calculation is as follows:
(Required Income total minus actual income) x 2.5 (the length of the visa) + £16,000 = Savings total required.
Please note that cash savings must be held in cash at the point of application, the cash must have been held as a minimum balance.
Our team of lawyers are experienced in collating the evidence needed to prove that you meet the financial requirements of the Spouse Visa. If you need any assistance, please get in touch.
UK Spouse Visa Accommodation Requirements
The second requirement of the visa is that you can demonstrate that there is adequate accommodation for you, your sponsor and any children in the UK. You will be required to show accommodation documents which prove that your residence meets the criteria.
For this requirement you must first demonstrate your right to reside in the specified property, this may be because:
- You or your partner own the property
- You or your partner are renting the property
- You are staying with friends and family whom have a big enough property
The property itself must not be deemed as overcrowded, this is based on the Housing Act 1985 and depends on the number of rooms in the property compared to the number of people living in the property. A room does not specifically need to be a bedroom, so long as it is not a Kitchen or Bathroom.
Here is a quick guide to overcrowding:
|Number of Rooms
||Maximum number of people that can live in the property
For any properties of more than 5 rooms, an additional 2 persons per room can reside in the property. Children under 12 months are not included as a person and children between 1 and 10 years are considered half a person.
English Language Requirement
There is an English language requirement for the Spouse Visa, which means all applicants must be able to demonstrate their ability to speak English.
This can be done in three ways:
Citizen of a majority English speaking country.
If you are from one of the following countries then your passport will automatically prove your English language ability:
- Antigua and Barbuda
- The Bahamas
- New Zealand
- St Kitts and Nevis
- St Lucia
- St Vincent and the Grenadines
- Trinidad and Tobago
Having an undergraduate degree or a higher qualification.
If you have passed an Undergraduate Degree, a Masters or a PhD from a UK colleague or University then this can be used to demonstrate your English language ability for the Spouse Visa.
If you have obtained a degree from a non-British institution but the course was taught in English then your qualification may still be accepted, however you need to obtain a certification from UK NARIC, an organisation which will check if your degree is the equivalent of a UK degree.
Taking an English Test
The final way you can prove you meet the English language requirement for the Spouse Visa is by passing an approved English language test. The test consists of English reading, writing, speaking and listening tasks to test understanding and proficiency. Only specific types of test providers, test types and test centres are accepted, as such it is important to double check that you are taking the right test.
The UK approved test list can be found here.
The required test categories are only Speaking and Listening at level A1 or higher. As such the most popular test to take is IELTS Life Skills A1, A2 or B1. There is no minimum mark to achieve on these test as they are only pass/fail. Although IELTS for UKVI General training or Academic is accepted they are not necessary for this visa category.
It is noted that the applicant must have passed the test before they submit their visa application.
However, if you are not from a majority English speaking country then there are two ways to prove your skills;
This section of the application requires the applicant and sponsor to show that they are in a genuine ongoing relationship as husband and wife. What this means is that you will need to prove that you have legally married, but most importantly you must show that your relationship is genuine and on-going as would be expected from a husband and wife.
There is no genuine relationship test for applicants, but you will be required to demonstrate using documents that you have met, that you still meet when possible, that you communicate regularly and in some cases share responsibilities. The longer your relationship has been going the more documentation you should have.
The following documentation can be included as proof of your relationship:
- Your marriage or civil partnership certificate, or equivalent.
- A divorce certificate if you or your partner were previously married.
- Evidence of cohabitation, for example a bill or a letter in a joint name.
- Statements from family members or friends who can attest to the fact that the relationship is legitimate.
- Personal possessions such as travel itineraries showing trips that you and your partner have taken together.
- Photographs of your relationship showing its chronology.
- Evidence of ongoing communication between yourself and your partner such as call logs or social media exchanges.
Migrants who have been married for a short period of time or have for cultural or religious reasons are not barred from applying, instead this needs to be carefully explained to the Home office together with sufficient evidence of a genuine relationship.
If you are applying from a country that is listed on Appendix T as a country where TB is at high risk, the applicant must obtain a certificate from an approved test centre to confirm they are free from TB. Before applying.
How long does the application process last?
The UK Spouse Visa Processing time can vary from country to country and time of year.
From inside the UK, the application timeline is 8-12 weeks. Individuals can use the 24 hour priority service if the normal service is too long. Internationally processing times can range from 4-16 weeks. Some countries have priority services which can reduce the time to between 2-6 weeks.
How to apply for a Spouse Visa
The application process will vary depending on if you are in the UK or outside the UK, however in general the application timeline will include:
- Step 1 - Submit an online UK Spouse Visa application form with your details.
- Step 2 - Pay to finalise your application and book a face-to-face submission appointment.
- Step 3 - Attend your face-to-face submission appointment and provide your biometric information.
- Step 4- Provide any original documents which are requested at your face-to-face appointment. Alternatively you may be asked to post your documents to a specific location.
- Step 5 - The processing of your Visa is started by the Home Office.
What happens after the visa is granted?
The applicant will receive their passport with a 30 day entry visa. It is important to enter the UK within this time period as the full visa is issued on a Biometric card that can only be picked up in the UK. Once the Biometric card has been collected then you are free to enter and exit the UK as you please.
For assistance with preparing your Spouse Visa application, please get in touch.