Several requirements pertaining to your age, relationship, and your partner's immigration status in the UK must be fulfilled in order to apply for a UK Spouse Visa. You must be at least eighteen years old, as must your companion.
Your relationship
Your relationship must be legally recognised in the UK. There are three ways to demonstrate this:
1. Marriage or civil partnership:
You are legally married to or in a civil partnership with a British citizen or someone with settled status in the UK.
2. Living together:
You have lived together in a relationship similar to marriage or civil partnership for at least two years. You'll need to provide evidence that you live together, share expenses, or are married or in a civil partnership.
This evidence should be from an official source, such as the government, a bank, a landlord, a utility company, or a medical professional.
You should make sure this evidence is less than four years old.
3. Engaged or Fiancé(e) visa:
You have an engagement visa or UK Fiancé(e) Visa and plan to get married or enter a civil partnership in the UK within six months of arriving.
If you enter the UK on an engagement visa, you will not be able to work or study until you marry.
After your marriage, you'll need to apply for an extension of your stay. If this is approved, you will then have the right to work and study in the UK.
Your partner's status
Your partner needs to have a specific immigration status to sponsor your visa. They must be one of the following:
- A British or Irish citizen:
- Someone settled in the UK: This includes individuals with:
- Indefinite leave to remain (ILR): ILR means your partner can stay in the UK permanently without immigration restrictions.
- Settled status: This applies to EU, EEA, and Swiss citizens and their family members who were living in the UK before 31 December 2020 and have secured their rights under the EU Settlement Scheme.
- Proof of permanent residence
- Pre-settled status: This also applies to EU, EEA, and Swiss citizens and their family members who were living in the UK before 31 December 2020. To sponsor a Spouse Visa, they must have started living in the UK before 1 January 2021.
- Someone with a Turkish Businessperson or Turkish Worker visa:
- Someone with protection status: This includes those who have:
- Leave to remain as a refugee
- Permission to stay as a refugee
- Humanitarian protection
You can also apply if your partner currently lives outside the UK but intends to return and live with you.
UK immigration rules are subject to change. If you would require advice specific to your UK Spouse Visa circumstances, reach to our UK Spouse Visa Consultant.
Intention to live together permanently
The UK Spouse Visa is for people who want to permanently live in the UK with their partner. The visa is not appropriate for short visits or temporary stays.
You must demonstrate that you intend to live with your partner in the UK permanently.
Other considerations
While the above criteria are fundamental to qualifying for a Spouse Visa, other requirements may apply:
1. Financial requirements:
Your sponsoring partner must demonstrate they can support you financially without needing government assistance.
You will need to provide evidence such as bank statements, pay stubs, and a letter from your or your partner's employer detailing the annual income before taxes.
This could involve meeting a minimum income threshold, which is currently £29,000 per year as of April 2024. You might also be able to meet the financial requirement with savings of at least £16,000. You may combine your incomes if you are allowed to work in the UK. This financial requirement must be met for the entire duration of the visa, including any extensions and the application for ILR.
2. Accommodation:
You must have suitable accommodation in the UK where you can live with your partner without needing public housing.
The accommodation should be safe and provide sufficient space for you and your partner.
3. English language:
You will need to prove you can speak English by passing an approved English language test, like IELTS Life Skills, unless you are exempt.
Exemptions may apply to people over 65, individuals with specific health conditions, or those from certain English-speaking countries.
4. Requirements for suitability:
These pertain to your prior immigration history, personality, and other elements that UK Visas and Immigration (UKVI) takes into account when evaluating your application.
It is essential to remember that the application process for a Spouse Visa can be complex.
It is highly recommended to consult with a UK Qualified Spouse visa Solicitor who can offer guidance, explain the process, and ensure your application is complete and accurate.
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