SPOUSE VISA
- What is a UK Spouse Visa?
The UK Spouse Visa allows foreign spouses of British or Irish citizens, individuals settled in the UK, those with pre-settled status, or those holding a Turkish Businessperson, Turkish Worker visa, or refugee status, to join their spouse in the UK. This visa can eventually lead to indefinite leave to remain (ILR) or settlement after a period of 5 years.
- What are the requirements for a UK Spouse Visa?
To qualify for a UK Spouse Visa, you must meet the following requirements:
- Your spouse is a British or Irish citizen, has settled status, or holds refugee/humanitarian protection.
- You and your spouse are both over the age of 18.
- You are legally married, and the marriage is recognized in the UK.
- Your relationship is genuine and subsisting.
- You and your spouse intend to live together permanently in the UK.
- You meet the financial requirement.
- There is adequate accommodation for you and any dependents.
- You meet the English language requirement.
- Who can sponsor a UK Spouse Visa?
Your spouse must either be:
- A British or Irish citizen, or
- Someone with indefinite leave to remain, settled status, pre-settled status, or
- A holder of a Turkish Businessperson or Worker visa, or
- Someone with refugee status or humanitarian protection.
- Is there an age requirement for the UK Spouse Visa?
Yes, both you and your spouse must be over 18 years old on the date of application.
- What is the relationship requirement for a UK Spouse Visa?
Your relationship must meet the following criteria:
- You and your spouse are not within a prohibited degree of relationship.
- You have met in person.
- Your marriage is legally recognized in the UK.
- Your relationship is genuine and subsisting, and you intend to live together permanently.
- What is considered a prohibited degree of relationship?
The UK Marriage Act defines prohibited degrees of relationship. You cannot marry certain relatives like:
- Adoptive or biological child, parent, sibling, grandparent, etc. A full list can be found in the UK Marriage (Prohibited Degrees of Relationship) Act 1986.
- How can I prove my marriage is genuine and subsisting?
You must provide the Home Office with substantial evidence of your genuine relationship, which could include:
- Proof of living together.
- Financial responsibilities shared between you and your spouse.
- Records of communication and affection.
- Joint travel history or plans to live together.
Documents like bank statements, photos, and correspondence will strengthen your case.
- What are the financial requirements for a UK Spouse Visa?
To meet the financial requirement, you or your spouse must demonstrate a gross annual income of at least £29,000. You can meet the requirement through:
- Employment/Self-employment income in the UK
- Rental income or dividends.
- Savings of £88,500 held for at least 6 months (savings over £16,000 can be combined with another income)
- How do I meet the UK Spouse Visa accommodation requirement?
You must show evidence of adequate accommodation that you and your spouse can occupy without relying on public funds. The accommodation must be:
- Legally and exclusively
- Not overcrowded or in breach of public health regulations.
- What is the English language requirement for a UK Spouse Visa?
To meet the English language requirement, you must:
- Pass an approved English language test (CEFR Level A1 for initial applications).
- Have a degree taught in English or be a national of a majority English-speaking country.
- How long is the UK Spouse Visa valid for?
If successful, you will be granted a visa for:
- 33 months (if applying from outside the UK), or
- 30 months (if applying from within the UK).
After this, you can apply to extend your visa for another 30 months, leading to indefinite leave to remain (ILR) after 5 years.
- Can I work in the UK on a Spouse Visa?
Yes, Spouse Visa holders have full rights to work in the UK, including employment or self-employment.
- What is the UK Spouse Visa application fee?
The current Home Office application fee is:
- £1,846 for applications made from outside the UK.
- £1,048 for applications to switch or extend from within the UK.
Priority and super priority services incur additional costs. There’s also an IHS fee of £1035 per year.
- How long does it take to process a UK Spouse Visa application?
The standard processing time for Spouse Visa applications submitted from outside the UK is 24 weeks. Applications made within the UK typically take 8 weeks. Priority and super priority services may provide faster decisions.
- Can I visit the UK while my Spouse Visa is being processed?
If you are applying from overseas, you should wait for the visa decision before traveling. If you are already in the UK, you cannot leave the country until your application has been decided, or your application may be withdrawn.
- What happens if my Spouse Visa application is refused?
If your application is refused, you typically have a right of appeal because Spouse Visa applications are considered human rights claims. It’s important to seek legal advice if this happens, as appeals can be time-consuming and complex.
- What happens if I can’t meet the Spouse Visa requirements?
If you cannot meet the strict requirements, you may still qualify for entry or remain in the UK on human rights grounds, especially if you have children or there are significant difficulties in relocating outside the UK.
- How can Kaya Legal help with the UK Spouse Visa process?
At Kaya Legal, our expert immigration lawyers can assist with:
- Assessing eligibility and advising on the best approach.
- Preparing and submitting your Spouse Visa application with the necessary supporting evidence.
- Helping you meet complex requirements like the financial and English language
- Supporting you through any appeals in case of refusal.
We specialise in navigating the complex financial requirements and helping couples prove their relationship is genuine and subsisting. Our immigration barristers provide clear, reliable advice throughout the application process.