Spouse Visa UK
The UK Spouse Visa, also referred to as a Marriage Visa, is designed for the spouse of a British citizen, is present and settled in the UK, holds Indefinite Leave to Remain (ILR), has pre-settled status as an EU national, is a refugee or holds humanitarian protection, or holds a Turkish Businessperson or Worker visa. All applications for this visa, whether for entry clearance, switching, extension, or ILR, must be submitted to the Home Office UKVI and comply with the criteria outlined in Appendix FM of the Immigration Rules. The Spouse Visa falls under the settlement category and can lead to Indefinite Leave to Remain (ILR) after 5 years via the 5-year route or 10 years via the 10-year route. For expert guidance and representation, Aden & Co Solicitors offer specialized services in managing your spouse visa application and ensuring compliance with all necessary requirements.
Free Immigration Advice for Spouse Visa UK
At Aden & Co Solicitors, we offer complimentary online immigration advice for your UK Spouse Visa application. Whether you need a one-time consultation or wish to schedule a detailed appointment, our team of specialist spouse visa solicitors is here to assist you. You can easily reach out for free immigration advice online or book a consultation to receive tailored legal guidance on your spouse visa application.
ELIGIBILITY CRITERIA
- The applicant and their partner must be at least 18 years old
- The partner is either a British or Irish citizen or have been granted settlement in the UK
- The relationship is genuine and subsisting and that they intend to live together permanently in the UK
- Any previous relationship has been permanently broken down.
- You must prove you can financially support yourself and your dependants
- The applicant must prove they have good knowledge and understanding of the English language required
RELATIONSHIP REQUIREMENT
To meet the relationship requirement, you must be engaged to a person who is either a British citizen, is present and settled in the UK, holds Indefinite Leave to Remain (ILR), has pre-settled status as an EU national, is a refugee or holds humanitarian protection, or holds a Turkish Businessperson or Worker visa. Additionally, your relationship must be genuine and ongoing
FINANCIAL REQUIREMENTS
- The applicant’s spouse must show that he/she has a gross annual income of at least £29,000. The income can be from employment, self-employment or other lawful source of income.
- The financial requirement can also be met if the applicant or his/her partner or both of them jointly have savings of £88,500 which must have been in held in their bank account for at least 6 months before the date of the application.
- In cases where the applicant has children, there will no longer be an additional income requirement.
- Some applicants are exempt from meeting the financial requirement of £29,000 or above if the applicant’s partner is receiving disability living allowance or severe disablement allowance or industrial injury disablement benefit or attendance allowance or carer’s allowance. In this case, the applicant still needs to provide evidence with his/her spouse visa application that his/her partner is able to maintain and accommodate himself/herself, the applicant and any dependants adequately in the UK without any additional recourse to public funds.
Transitional Financial Requirement of £18,600
The Home Office UKVI has set transitional financial requirements for applicants who initially applied as a fiancé(e), proposed civil partner, or partner before 11 April 2024 and were granted leave under the 5-year route to settlement. According to paragraph E-LTRP.3.5 of Appendix FM of the Immigration Rules, if you hold permission as a fiancé(e), proposed civil partner, or partner on the 5-year route at the time of your application, you must meet the transitional financial requirement of £18,600 gross per year. This requirement applies if your initial application was successful and made before 11 April 2024.
Under the new rules effective from 11 April 2024, if the financial requirement exceeds £29,000 due to the number of dependent children, you are only required to demonstrate a gross annual income of £29,000.
The transitional financial requirement of £18,600 per year applies to those seeking to extend their stay with the same partner for whom they were previously granted permission. However, if you are applying for permission to stay with a new partner, the updated financial requirement of £29,000 gross per annum must be met.
New Financial Requirement of £29,000 Gross Per Year (Effective 11 April 2024)
From 11 April 2024, the new financial requirement for the spouse visa route is £29,000 gross per annum. If the sponsor’s income is below this threshold, they can combine employment income with savings. The required savings amount is £16,000 plus additional savings equivalent to 2.5 times the shortfall between the sponsor’s income and £29,000.
ENGLISH LANGUAGE REQUIREMENTS
- The applicant also needs to meet an English Language Requirement, This can be shown by providing evidence to show that the applicant is a national of a majority English speaking country or has passed an English language test in speaking and listening at a minimum of level A1 of the Common European Framework of Reference (CEFR) for Languages with a provider approved by the Home Office or that the applicant has an academic qualification recognised by UK NARIC as equivalent to a Bachelor’s or Master’s degree or PhD degree in the UK and that the degree was taught in English.
- The applicant does not need to meet the English Language Requirement if at the at the date of application the applicant is aged 65 or over or has a disability (physical or mental) which prevents the applicant from meeting the requirement orthere are exceptional circumstances which prevent the applicant from being able to meet the requirement before coming to the UK.
ACCOMMODATION REQUIREMENTS
The applicant also needs to provide evidence to prove that if he/she is granted a spouse visa then adequate accommodation will be available to the family (without additional recourse to public funds). It must be shown that the accommodation will not be overcrowded or contravene public health regulations. This can be evidenced by way of ownership documents, tenancy agreement and an independent Property Inspection Report from an independent Chartered Environmental Health Practitioner or Estate Agents.
DURATION OF UK SPOUSE VISA
If your application for a UK spouse visa is successful, you will be granted entry clearance for a period of not more than 33 months. Before the expiry of this initial visa you will need to apply for an extension of spouse visa and once you complete a total of 5 years on spouse visa you can then apply for Indefinite Leave to Remain in the UK.
Expert Spouse Visa Solicitors
Our team at Aden & Co Solicitors is renowned for its extensive expertise and success in managing spouse visa applications. With years of experience, our skilled solicitors offer top-notch immigration advice and legal representation on a fixed-fee basis. We handle all aspects of spouse visa applications, including entry clearance, switching, extension, and Indefinite Leave to Remain (ILR) for both the 5-year and 10-year routes. Trust Aden & Co Solicitors to provide you with comprehensive legal services tailored to your needs.
“Aden & Co Solicitors is a leading firm of specialist UK immigration solicitors, renowned for delivering exceptional UK visa and immigration legal services. Our top-rated team of highly qualified and experienced immigration solicitors consistently earns 5-star Google Reviews from 99% of our clients, reflecting the outstanding quality and effectiveness of our services.”
Spouse Visa UK Applications with Aden & Co Solicitors
At Aden & Co Solicitors, our team of specialist spouse visa solicitors offers expert legal advice and representation for all aspects of spouse visa applications. Whether you are seeking entry clearance, switching to a spouse visa, extending your visa, or applying for Indefinite Leave to Remain (ILR) as a spouse, our experienced solicitors provide comprehensive support. Our services include:
UKVI Fees for Spouse Visa Applications
The Home Office UKVI fees for various stages of spouse visa applications are outlined below:
| Application Type | Application Fee | Immigration Health Surcharge (IHS) | Priority/Super Priority Service Fee |
|
Entry Clearance for Spouse Visa from Outside the UK |
£100 (30 minutes session) £150 (60 minutes session) |
£3,105 for partner [£2,328 for each child] | £500 per applicant for Priority Service |
|
Switching to Spouse Visa from Inside the UK |
£1,048 per applicant |
£2,587.50 for partner [£1,940 for each child] | £1,000 per applicant for Super Priority Service |
|
Extension of Spouse Visa from Inside the UK |
£1,048 per applicant |
£2,587 for partner [£1,940 for each child] | £1,000 per applicant for Super Priority Service |
|
ILR as a Spouse |
£2,885 per applicant |
IHS is not payable for ILR applications | £1,000 per applicant for Super Priority Service |
Frequently Asked Questions (FAQs) About Spouse Visa UK
Here are the most commonly asked questions regarding the UK spouse visa:
What is a Spouse Visa UK?
A Spouse Visa UK, also known as a marriage visa or Appendix FM partner visa, is granted to the spouse of a British Citizen, a person with ILR/settled status, an EU national with pre-settled status, a refugee, or a Turkish Businessperson/Worker visa holder.
What is the Spouse Visa Fast Track Service?
The Spouse Visa Fast Track Service provides expedited processing for your application. From outside the UK, you can use the Priority Service for decisions within 30 working days. From inside the UK, the Super Priority Service offers a decision within 24 hours.
What are the Different Routes to Settlement under Spouse Visa UK?
- Spouse Visa (5-Year Route): Eligibility for ILR begins 28 days before completing 5 years under this route. Time spent on the 10-year route cannot be used towards the 5-year requirement.
- Spouse Visa (10-Year Route): Eligibility for ILR starts 28 days before completing 10 years on this route or 10 years of lawful stay, whichever is earlier. Time on the 10-year route often completes faster than 10 years on the spouse visa.
Can I Switch from Spouse Visa 10-Year Route to Spouse Visa 5-Year Route?
Yes, switching from the 10-year route to the 5-year route is possible at any time during your leave to remain. It is advisable to switch as soon as possible to benefit from the shorter route to ILR.
How Soon Can I Apply for a Spouse Visa After Getting Married?
You can apply for a Spouse Visa immediately following your marriage to your UK partner.
When Will I Qualify for Indefinite Leave to Remain (ILR) Under the Spouse Visa UK?
For those on the 5-Year Spouse Visa Route, you can apply for Indefinite Leave to Remain (ILR) after residing in the UK for 5 years under this visa category.
For those on the 10-Year Spouse Visa Route, you may apply for ILR after completing 10 years of continuous residence in the UK under any combination of the spouse visa routes. Time spent on both the 5-year and 10-year routes contributes to the 10-year total required for ILR.
What is the Financial Requirement for the Spouse Visa 5-Year Route?
To qualify for a spouse visa under the 5-year route, applicants must meet one of the following financial requirements:
- Earnings Requirement: An annual income of at least £29,000; or
- Adequate Maintenance: If the applicant’s partner receives specified benefits, the applicant may be exempt from the £29,000 income requirement.
For those extending their stay or applying for ILR on the 5-year route and who initially applied under the fiancé(e), proposed civil partner, or partner route before 11 April 2024, the transitional financial requirement is £18,600 gross per annum.
Under paragraph E-LTRP.3.5 of Appendix FM in the UK Immigration Rules, individuals currently holding a spouse visa under the 5-year route must meet specific transitional financial requirements when applying for an extension or Indefinite Leave to Remain (ILR). If their initial application for entry clearance or permission to stay as a fiancé(e), proposed civil partner, or partner/spouse was successfully made before 11 April 2024, they must demonstrate a gross annual income of £18,600. This transitional financial threshold applies to applications made under the 5-year route to settlement.
In cases where refusal might breach human rights laws, including Article 8 of the ECHR and Section 55 of the BCIA 2009, applicants may rely on third-party support to meet financial requirements.
Can I Apply for a Spouse Visa UK from Inside the UK if I Am a Resident Outside the UK?
No, if you are currently residing outside the UK, you cannot apply for a spouse visa from within the UK. You must submit your spouse visa application for entry clearance while physically located outside the UK. This process involves attending a visa application center in your country of residence to provide biometrics and submit your passport.
How Can I Challenge the Refusal of a Spouse Visa UK?
If your spouse visa application is refused by the Home Office UKVI and you believe the decision was incorrect, you can challenge it by appealing to the First Tier Tribunal (FTT). An immigration judge will review your case and determine whether the refusal was consistent with relevant immigration and human rights laws.
Can I Make a New Application if My Spouse Visa UK Application Has Been Refused by the Home Office UKVI?
Yes, if your spouse visa application has been refused and you are not confident about the prospects of a successful appeal, you can submit a new application.
For expert guidance and to navigate the complexities of the spouse visa process, contact Aden & Co Solicitors today.