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SPOUSE VISA

If you would like your Spouse to join you in the UK, they require a Spouse visa. Providing applicants adhere to requirements, a spouse visa is granted and the applicant can reside in the UK for up to 30 months. Find out how our spouse visa solicitors could help.

What is spouse visa/ civil partnership visa

A Spouse visa permits an adult, non-UK resident, to live with a British partner in the UK for a period of up to 30 months.

The Spouse Visa in the UK can be extended for a further 30 months if you meet certain requirements.

How can I apply for a spouse visa ?

To apply for a Spouse Visa, you must be married to, or in a civil partnership with a British citizen, a UK settled person or a UK refugee. You must be able to provide evidence to support the legitimacy of your relationship, as well as meeting specific financial conditions.

How can our team help?

At Farani Taylor Solicitors, we understand the importance of keeping families together and we are committed to using every resource within our power to ensure your family can join you in the UK.

Our expert solicitors can advise you on every step of the application process for obtaining a Spouse Visa, including:

  • An initial consultation in person or, via phone or Zoom
  • Assessing your eligibility
  • Checking your documents
  • Ensuring that your relationship is genuine by helping you obtain the correct evidence for application submission
  • Preparing a Letter of Representation to accompany your application.
  • Communicating with the Home Office until your case is resolved.
  • Completing each part of your application form to provide you with the best possible chance of success.

What are the requirements?

You can apply for a Spouse visa if you are over 18, married or in a civil partnership with someone from the UK. There are other circumstances that allow you to apply, speak to our Immigration team today who will be able to provide you with all the available options for your particular circumstance.

Before you can apply for a Spouse Visa, you need to:

  • Have all the required evidence and documents.
  • Pass a test that legitimises your relationship.
  • Meet the minimum income threshold or financial requirements, unless you are exempt.
  • Have a reasonable knowledge of the English language and be able to demonstrate this.
  • Have evidence of accommodation for you, your partner and any dependents; and
  • Get your biometrics taken to obtain a leave to remain

If you hope to remain in the UK, you may also be required to pass a medical test to evidence you don’t have Tuberculosis (TB), this will depend upon the applicant’s country of residence.

How do I Satisfy the financial requirement?

This is perhaps one of the most complex aspects of obtaining a UK spouse visa. The law on this subject extends over 30 pages of legal documents and can be frustrating to make sense of without expert advice.

As accredited immigration specialists, we can assist and advise you on all aspects of the application for a UK spouse visa, supporting you and your family from start to finish.

Applicants must be able to demonstrate they meet certain income or savings thresholds to qualify for the visa. The Home office guidance says that annual income thresholds (Minimum income requirements) from 11th April 2024 is £29,000, however if you were her on a spouse visa or applied for a spouse visa before that date then the following threshold applies:

  • Partner with no children: £18,600
  • 1 child in addition to the partner: £3,800 ( Bold his on the website) (Additional amount does not apply to the new threshold of £29,000)
  • Subsequent children: an additional £2,400 per child ( bold this on the website)

 

* Applies only to children who are

1. Under 18; or

2. Under the age of 18 when they first apply for the visa under Appendix FM ( Bold this on the website so that it stands out as an important piece of information).

They must be dependants on the application and are not British and settled in the UK The sources of income that you and your partner could use are acceptable are:

  • Income from employment: before tax and National Insurance (check your P60 or payslips) – you can only use your own income if you earn it in the UK. In some circumstances you can use foreign income as well.
  • Income from self-employment
  • Income as a director of a limited company in the UK
  • Cash savings: above £16,000
  • State or private pensions/maternity allowances/bereavement benefits received in the UK
  • Non-work income: for example, from property rentals or dividends

The amount of savings must be over £16,000 plus the shortfall between your salary and the amount required, multiplied by 2.5 For example, if you have a partner and your annual income is ££28,000 Your shortfall is £1,000 to meet the minimum requirement of £29,000 And the savings you need to amount to is £18,500 (£1,000*2.5+£16,000)

Savings of the partner and /or the applicant must be held by the partner and/or the applicant for at least 6 months prior to the application date.

Can I be exempt from the financial requirement?

The applicants will be exempt from meeting the financial requirements if they are in receipt of certain benefits which include :

  • Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme
  • Attendance allowance
  • Carer’s allowance
  • Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme
  • Disability living allowance
  • Industrial injury disablement benefit
  • · Personal independence payment
  • Police Injury Pension
  • Severe disablement allowance

How do I satisfy the accommodation requirement?

As part of your spouse visa application, you will be required to provide evidence of accommodation that meets UK living standards.

The adequate accommodation requirement was created to ensure migrants to the UK to not end up living in overpopulated or substandard housing conditions.

You will need to demonstrate that:

  • There will be adequate accommodation for you (There is a maximum number of people that could sleep in each room, under the Housing Act 1985)
  • You will not need to rely on public funds
  • You are in accommodation that the family owns or for their exclusive occupation (This does not mean the whole property has to be exclusively occupied, but at least part of it must be owned by the family exclusively)
  • You and any dependants have or will have exclusive use of at least the bedroom or bedrooms required for the number, age and gender of members of their family unit For the method of assessing whether your accommodation is overcrowded please check out the information here from the Home Office

How do I satisfying the English language requirement?

If you are an applicant hoping to live in the UK, you will be required to demonstrate the ability to speak and understand the English language. Once you have passed an English language test, you are not required to take one again for two years.

You are expected to take an English speaking and listening exam to obtain the right to remain in the UK with your UK partner at least A1 level for the initial application. The test must be facilitated by an approved Secure English Language Testing (SELT) Provider. For the extension of your application, the English language requirement is A2 and forthe  settlement application is B1

For more information on which providers are available, please speak to one of our Immigration specialists, who will be able to give you more details.

You do not need an English Language test if you

  • Are a national of a majority English speaking country
  • Are aged under 18 or over 65
  • Have a long-term physical or mental condition
  • Hold a degree or any educational establishment that was taught or researched in English. Your qualification will only be valid if confirmed by ECCTIS.
  • If you have proved a similar level or higher level of English in previous successful visa application

Spouse visa application checklist

By ensuring your UK Spouse Visa application documents are accurate prior to your submission, you provide yourself with a better chance of your application being successful.

At Farani Taylor, our expert team is highly familiar with the application process and can guide you through what documents and evidence you require to help speed up the process. Our team can also complete and submit forms on your behalf, notifying you of any changes or information you require as the process unfolds.

Farani Taylor – Spouse Visa Application Checklist

  • Your original marriage or civil partnership certificate
  • Evidence that you and your partner have been in a relationship for at least the past two years or since your marriage
  • A valid passport
  • A valid certificate that demonstrates you have passed the English language requirement
  • Proof of accommodation
  • Proof that the relationship is legitimate. ( We can advise you on this).
  • Evidence that you meet the income threshold and the financial requirement
  • Any documents that you submit it is not in English and need to be accompanied by an English translated version from a professional translator.

  Farani Taylor spouse visa solicitors are able to provide this service for you should you require it.

Spouse visa processing times

The processing time of a Spouse Visa application is usually around 8 to 12 weeks depending where you have applied from. If you apply from outside the UK then it can take 12 weeks to get a decision, however, you might to able to apply for priority service and get the decision within 4 weeks. Moreover, if you apply from inside the UK then you will get your decision usually within 8 weeks, however, you can apply for a super priority and get the decision early.

If you utilise this super priority service a decision is made in either one of the following ways:

  • Where your appointment to provide your biometric information is on a weekday, a decision is made by the end of the next working day; or
  • Where your appointment is on a weekend, a decision should be made two working days after your appointment.

On occasion, the application process can take longer, even with a priority fee being taken. This can happen for many reasons including, a previous refusal of a similar application, or if the applicant has more complex personal circumstances.

Our expert spouse visa solicitors in London can help you navigate through the process. You can contact us today to assist, whatever your situation and status. It is always in the best interests of our spouse visa solicitors London to help you as much as we possibly can.

Spouse visa application fee

The UK Spouse Visa fee is around £1,846 if you are applying outside of the UK and around £1,258 if you are applying from inside the UK. There are other costs involved with the process, which can be quite considerable if you submit incorrect information or require further evidence to legitimise your circumstances. Our immigration team can create a bespoke strategy for your circumstances, creating cost-effective solutions to help you successfully submit your application in the first instance. Contact us today and allow us to provide you with all the available options.

Spouse visa refusal and appeals

It is disappointing when you receive a Spouse Visa application refusal and on occasion, despite individuals believing they meet every requirement for acceptance, an application can still be declined.

Receiving a rejection is upsetting and we fully empathise with the frustration you are feeling at the prospect of not being able to join your partner in the UK. At Farani Taylor we help you understand the decisions made that have led to your refusal and are fully committed to supporting you in an appeal application should you want to challenge the decision. We have overturned many refusal decisions and meticulously examine all your evidence and documents to ensure your application is successful.

Spouse visa extension

Applying for a Spouse Visa extension is very much like the initial application process. You need to provide evidence of accommodation, financial independence, legitimacy of your relationship and a further English language test achievement (this time at an A2 level).

An extension application doesn’t require you to be solely financially dependent on your sponsor. In this application, the applicant’s income can be taken into account alongside the sponsors, providing you with more evidence of financial stability to support your extension being granted.

If your circumstances have changed or the marriage has broken down, you must be proactive and seek legal advice as soon as possible to determine your next steps.

ILR after spouse visa

If you have had a spouse / civil partner visa in the UK for a consecutive period of 5 years, you might be eligible to apply for a spouse visa ILR. The leave as a spouse must have been held for a period of 5 years before you can apply for indefinite leave to remain. During this 5-year period, applicants must have been a spouse of a British national or settled person, on a 5 year route to settlement.

There are two different settlement options available for spouses and partners of British or settled nationals in the UK. A 5 year route and a 10 year route. If you are unsure which route you are on, you can check with any Home Office correspondence you have received.

Applicants on a 5-year route to settlement are usually expected to meet requirements such as, financial, accommodation, English language and relationship.

Initial and extension applications on a 5-year route are made using an FLR (M) form and on a 10-year route, applicants will require a LR (FP) form. If you are unsure which route applies to you and what actions you need to take, please contact our Immigration team who will be happy to provide you with further details.

Working with a spouse visa

Once you have obtained your Spouse Visa in UK, you are permitted to reside and work in the UK for initially two and a half years. During this period, you are allowed to exit and re-enter the UK many times without difficulty. Upon completion of your two and a half years, you have the option to extend your stay for a further two and a half years should you wish to.

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A covering letter, or sponsor letter, is required to be included in support of your Spouse Visa application. Many people find the necessity of this covering letter frustrating, particularly when all details have to be included within your application, however, it is a necessity.

Whether you are struggling to find the correct words or are unsure of what you need to include, our solicitors can help! We have written many sponsor letters on behalf of our clients, professionally detailing their objectives, circumstances and needs, all whilst working in accordance with expected guidelines. For more information, please contact our spouse visa solicitors here.

A spouse visa under these route issued from outside the UK is valid for a period of 33 months. However, after 30 months, you can apply to extend your leave to remain in the UK for a further period of two and a half years.

After a period of five continuous years of residing in the UK as a Spouse or Civil Partner, you can apply for settlement (indefinite leave to remain in the UK). A year after the grant of your settlement, you can opt to apply for British Citizenship and subsequently apply for a British Passport.

If you are married to or in a civil partnership with a UK citizen, you can apply for British Citizenship. For more information about options for your circumstances, get in touch with our Immigration specialists who can help you find the right solutions for your needs.

If you have acquired a visa to live in the UK based upon a relationship, you must report any changes to the Home Office immediately if the relationship has broken down or resulted in divorce. If you are included on a Family visa, you must also report any changes.

 

If you have acquired a visa to live in the UK based upon a relationship, you must report any changes to the Home Office immediately if the relationship has broken down or resulted in divorce. If you are included on a Family visa, you must also report any changes.

If you have been granted a spouse visa, you are allowed to leave the UK but cannot remain outside the UK for more than 90 days in any 12 month period.

Key Contacts

If you are looking for help and guidance or have a question relating to Sole Representative Visa (Closed), please contact us today on +44 (0)20 7242 1666.

Adeeb Chowdhry

Director and Head of Business Immigration

Shahzad Saeed

Director and Solicitor

Farhan Farani

Managing Director