Immigration Law

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 UK can be extended for a further 30 months if you meet certain requirements. To apply for a Spouse Visa, you must be married to, or in a civil partnership with a British citizen, 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 our Spouse Visa Solicitors could help and services we provide:

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 spouse visa 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 Skype
  • 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

Spouse visa requirements

Overview

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 for one, speak to our Immigration team today who will provide you with all available options for your circumstances. 

Before you are able to apply for a Spouse Visa, you need to:

  • Have all of 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.

Satisfying the financial requirement

This is perhaps one of the most complex aspects of obtaining a UK spouse visa. The law on this particular subject extends over 30 pages of legal documents and can be frustrating to make sense of without expert advice. As accredited immigration specialists, we are able to assist and advise you on all aspects of the application for a UK spouse visa, supporting you and your family from start to completion. 

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) are as follows:

  • Partner with no children: £18,600
  • 1 child in addition to the partner: £3,800*
  • Subsequent children: an additional £2,400 per child*

* Applies only to children that are 

  1. Under 18 
  2. Under the age of 18 when they first apply for the visa under Appendix FM

they must be dependants on the application and are not British, settled in the UK or EEA national.

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
  • 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 with no children and you annual income is £17,600
Your shortfall is £1,000 (£18,600-17,600)
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.

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

Satisfying 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.

A spouse visa applicant will need to demonstrate that:

  • There will be adequate accommodation for them (There is a maximum number of people that could sleep in each room, under the Housing Act 1985)
  • They will not need to rely on public funds 
  • They 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 has to be owned by the family exclusively)
  • the applicant/sponsor 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 

Satisfying English language requirement

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

Applicants are expected to take an English speaking and listening exam to obtain the right to remain in the UK with your UK partner. The test must be facilitated by an approved Secure English Language Testing (SELT) Provider.

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 UK NARIC.

Spouse visa application checklist

By ensuring your UK Spouse Visa application documents are correct prior to submission, you provide yourself with the best possible chances of application success, preventing any delays that may arise. 

At Farani Taylor, our expert team is more than 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. 

Here are the documents you are required to submit to the Home Office to achieve the right to remain in the UK:

Farani Taylor – Spouse Visa Application Checklist
Your original marriage or civil partnership certificate
Evidence that you and your partner have been living together for at least the past two years
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
Evidence that you are married to a British citizen or settled person (for example, UK citizens can submit a copy of their passport)

Any documents that you submit 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 three months.

There of course can be delays if your application is particularly complex, in which case applications can take up to six months. 

If you wish your application to be expedited, you can pay an additional fee. Priority applications usually are processed within three weeks, depending on whether all documents and evidence are submitted correctly.

If you utilise this 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 £1,523 if you are applying outside of the UK and around £1,033 if you are applying from inside the UK. There are other costs involved with the process, which can be quite considerable if you submit the 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 of your 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 of your evidence and documents to ensure your next application is successful. 

Spouse visa extension

Applying for a Spouse Visa extension is very much like the initial application process. You need to evidence 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 sponsor’s, 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 submit an application 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.

Spouse visa testimonial

My solicitor, Shahzad Saeed, is the best. I, finally after long legal battle with Home Office, got my and my family’s visa can’t express my feelings in words he was very helpful and approachable with in depth legal wisdom,  he knows his stuff, I will definitely recommend Shahzad Saeed.

I am writing … to express my appreciation and thanks with the way in which Shazad Saeed from Farani Taylor Solicitors dealt with my wife’s FLRm case. He and his team were extremely professional, knowledgeable and polite and made the whole process stress free from start to finish, which ultimately lead to her case being accepted. Would highly recommend this fantastic firm and solicitor.

Farani Taylor solicitors helped me out from difficult immigration case. Especially, Soneela and her team played a significant roles to sort it out to get spouse visa in uk. Fully satisfied and great immigration services based in London . Highly recommend.

Farani Taylor Solicitors is authorised and regulated by the Solicitors Regulation Authority

Find the most suitable, London based Spouse Visa Solicitors near you

Call us today on 0207 242 1666 to book a free initial consultation or contact us for more information.

How do I write a spouse visa sponsor letter?
Open How do I write a spouse visa sponsor letter?

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.

How long is the spouse visa valid?
Open How long is the spouse visa valid?

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.

Can I gain British Citizenship by my marriage?
Open Can I gain British Citizenship by my marriage?

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.

What happens if we divorce or the relationship ends?
Open What happens if we divorce or the relationship ends?

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.

How long can I stay abroad with Spouse visa?
Open How long can I stay abroad with Spouse visa?

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 Spouse Visa, please contact us today on +44 (0)20 7242 1666.