If you’re a UK citizen or a permanent resident, one of the most common ways to bring your spouse or partner to live with you in the UK is through a spousal visa. The process of applying for a UK spousal visa can be complex, but understanding the requirements and the necessary steps can significantly increase your chances of success.
What is a UK Spousal Visa?
A spousal visa allows foreign nationals who are married to a British citizen or a permanent resident (settled person) to join their partner in the UK. The spousal visa is designed to reunite families and spouses, allowing them to live together in the UK on a long-term basis.
There are two main categories of spousal visas:
- In-country Spousal Visa: If your spouse or partner is already in the UK, they may apply for a spousal visa from within the UK.
- Out-of-country Spousal Visa: If your spouse or partner is living abroad, they will apply for a spousal visa from their home country or the country in which they currently reside.
The spousal visa typically lasts for 30 months and can be extended. After completing a set period, usually 5 years, your spouse or partner may be eligible to apply for Indefinite Leave to Remain (ILR), leading to permanent residency.
Eligibility Criteria for a UK Spousal Visa
Before you begin the application process, it’s essential to ensure that both you (the sponsor) and your spouse (the applicant) meet the eligibility criteria for a UK spousal visa. Here are the key requirements:
1. Relationship Status
- Marriage or Civil Partnership: You must be legally married or in a civil partnership that is recognized in the UK. If you’re in a long-term relationship but not married, you may qualify under the Unmarried Partner Visa instead.
- Genuine Relationship: The UK Home Office requires evidence that your relationship is genuine and subsisting. This means you and your partner must have been living together for at least 2 years (if unmarried) and intend to continue the relationship.
2. Financial Requirement
One of the main requirements for a spousal visa is meeting a minimum financial threshold. As of the most recent regulations, the sponsor (the UK citizen or permanent resident) must have an income of at least £18,600 per year. This amount increases if you have children who are not British citizens or permanent residents.
- You can meet this requirement through a combination of income from employment, savings, or other assets.
- If you’re unable to meet the financial requirement, there may be alternative ways to prove your financial ability, such as through substantial savings (usually over £62,500).
3. English Language Requirement
The applicant must meet an English language requirement, which typically involves demonstrating their proficiency through a recognized test (e.g., IELTS or Trinity College London). In some cases, applicants from English-speaking countries or those with a degree taught in English may be exempt from this requirement.
4. Accommodation
You must also show that you and your spouse will have adequate accommodation in the UK. This means that your home should be suitable for both you and your spouse and not overcrowded. The Home Office may request evidence, such as tenancy agreements or property ownership documents.
5. Age Requirement
Both you and your spouse must be at least 18 years old at the time of applying for the visa. There is no upper age limit for the spousal visa application.
Required Documents for a UK Spousal Visa Application
Once you confirm that you meet the eligibility criteria, the next step is to gather the necessary documents for the application. Having the correct documents is crucial to avoid delays or refusals.
1. Proof of Relationship
You will need to provide evidence of your relationship, such as:
- Marriage certificate or civil partnership certificate
- Evidence of living together, such as joint bank statements, utility bills, and tenancy agreements
- Photos and correspondence that demonstrate your relationship
2. Financial Documents
To meet the financial requirement, you will need to submit documents such as:
- Payslips (for the last 6 months)
- Bank statements showing savings or income
- Evidence of self-employment or other sources of income, such as tax returns
- Proof of any savings over the required amount if you’re using savings to meet the financial requirement
3. English Language Proficiency
- The applicant must provide their English language test certificate from an approved provider.
- Alternatively, you can provide evidence of the applicant’s educational qualifications if they were taught in English.
4. Accommodation Evidence
Provide evidence that you and your spouse will live together in adequate accommodation:
- Tenancy agreements or mortgage statements
- Proof of the address where you will be living
- Utility bills or other household documents
5. Passport and Identity Documents
Both you and your spouse must provide valid passports or travel documents. The applicant will also need to provide biometric information.
How to Apply for a UK Spousal Visa
Once you have gathered all the required documents, the next step is to submit your application. Here’s a step-by-step guide on how to apply for a UK spousal visa:
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Complete the Application Form
The application for a spousal visa is done online through the official UK government website. You will need to complete the visa application form, providing detailed information about your relationship, finances, accommodation, and personal background.
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Pay the Application Fee
The application fee for a UK spousal visa can vary depending on whether you apply from inside or outside the UK. As of now, the application fee for a spousal visa is around £1,523 if applying from outside the UK, and £1,033 if applying from within the UK.
In addition to the visa fee, you may also need to pay the Immigration Health Surcharge (IHS), which gives the applicant access to the NHS (National Health Service) during their stay in the UK.
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Submit Your Documents
Once the application form is complete, you’ll need to upload the supporting documents, including proof of relationship, financial documents, accommodation details, and evidence of English proficiency. Make sure that all documents are clear, legible, and up-to-date.
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Biometric Appointment
As part of the application process, the applicant will need to attend a biometric appointment where their fingerprints and photograph will be taken. This is typically done at a local visa application center (VAC).
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Wait for a Decision
After submitting your application, the processing time for a spousal visa typically ranges from 8 to 12 weeks, although this can vary depending on your circumstances. During this time, the Home Office will assess your application and may request additional information if needed.
If your application is successful, your spouse will receive a visa that is valid for 30 months. After this period, they can apply to extend their visa or apply for Indefinite Leave to Remain (ILR).
Conclusion
Applying for a UK spousal visa can be a long and detailed process, but by understanding the eligibility criteria, gathering the correct documentation, and following the steps outlined in this guide, you can improve your chances of success. If you’re unsure about any aspect of the application, seeking the advice of an experienced immigration lawyer can help ensure your application meets all requirements and is submitted smoothly.
Frequently Asked Questions (FAQs)
Q: Can I apply for a spousal visa if we are not married? A: Yes, if you are in a genuine and subsisting relationship and have been living together for at least 2 years, you may be eligible for a Unmarried Partner Visa.
Q: How long does it take to get a spousal visa in the UK? A: The processing time for a UK spousal visa typically takes between 8 to 12 weeks, although this can vary depending on individual circumstances.
Q: Can I work while on a spousal visa? A: Yes, once your spousal visa is approved, you will have the right to work in the UK.
Q: Can I appeal if my spousal visa is refused? A: Yes, you have the right to appeal if your application is refused. However, this can be a complex process, and it’s advisable to consult with an immigration lawyer for guidance.
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