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UK Spouse/Partner Visa & other categories
This visa could be suitable for a non-UK national to join their spouse or partner in the United Kingdom. The spouse or partner needs to be hold UK citizenship, EUSS status, or Indefinite Leave to Remain.
Who it applies to
Where this visa can get you
If you hold a UK family visa, you are entitled to the following:
This visa is crucial for keeping families together and giving couples the opportunity to establish their shared futures in the UK.
When applying for a UK family visa as a spouse or partner, there are several key requirements that applicants must satisfy:
Relationship Status
Financial Requirement
As of 11 April 2024, the financial requirements for a UK spouse visa have been changed:
– Income requirements: The applicant must show an income of at least £29,000 a year.
– Cash savings: When using cash savings alone in order to fulfil this requirement, applicants will need £88,500 in total. This number is computed as:
-£29,000 (min income threshold)
-2.5 multiplier (the duration of the visa, 2.5 years) : £29,000 x 2.5 = 72,500
-Add £16,000: £72,500 + £16,000 =£ 88,500
However, only cash savings in excess of £16,000 can be included towards the minimum income requirement. All these savings must have been held by the applicant and/or the applicant’s partner for a period of six months before the date of the application.
– Joining income together: when combining cash savings with other forms of income (for instance: employment) the calculation is:
-Removing 16,000 from the total savings
-Reminder is divided by 2.5
-Goes on top of the annual income. The combined total must equal or exceed the £29,000 level.
Applicants who submitted prior 11 April 2024, will still be subject to the previous financial requirement, which requires to prove an income of at least 18,600 per year or cash savings of £62,500.
Accommodation
Suitability for accommodation: the applicant must prove that suitable accommodation is available in the UK. This means that the space must be enough for all family members to live together, without requiring entering into the use of public funds.
No issue of over-occupancy: the accommodation should not be overcrowded and should adhere to health and safety standards.
English Language Proficiency
Language Requirement: all applicants need to demonstrate their spoken and written understanding of the English language, through an accepted English language test or by fulfilling one of many other requirements, such as by being a citizen of a majority English – speaking country, or by holding an academic qualification that was taught in English.
– Language requirement exemptions
Certain applicants may not have to meet the requirement to show proof of proficiency in the English language, including:
Age: applicants aged 65 and above.
Disability: those with a specific long – term physical or mental condition that stops them from being able to acquire the language requirement.
Educational background: those with an academic qualification which was delivered in English and are similar to a UK degree according to UK NARIC.
Nationality: nationals from mostly English-speaking countries (e.g., the USA, Canada, Australia, NZ, and the Republic of Ireland).
Further Considerations
Good character: applicants must not have a criminal record that would make them ineligible for the visa.
Evidence of a genuine relationship: it must be shown that the relationship is real and ongoing. This can include photos, correspondence and shared financial obligations.
Understanding some key terms of legal jargon can help when applying for UK family visa as a spouse or a partner. Below are some key terms to know:
Sponsorship
Definition: sponsorship is a process where a UK citizen or settled individual sponsors their spouse or partner’s visa application. The sponsor needs to demonstrate that the applicant meets the requirements regarding financial, accommodation, and relationship criteria.
Leave to Enter
For individuals who are applying for a UK partner visa from outside the UK, leave to enter will be granted at the time your visa is approved. You can enter, leave and work in the UK for an initial period of 33 months ( 2.5 years + extra time for travel delays).
Leave to Remain (a permission to stay in the UK)
Limited leave to remain
Definition: Limited leave to remain is temporary permission from the UK Home Office that allows an individual to live in the UK for a given period, usually 30 months (2.5 years) for spouse visa applicants applying from within the UK and is typically tied to the length of a visa.
Indefinite Leave to Remain (ILR)
Definition: indefinitely to remain is a form of permanent residency which grants an individual the right to live and working in the UK with no time constraints. It is available to apply for once you have had limited leave for a certain amount of time. Usually five years on a partner visa.
Genuine Relationship Requirement
There must be enough evidence to show that the relationship is genuine and subsisting (real and not a sham to gain immigration benefits. This includes:
– Certificate of marriage or civil partnership
– proof of cohabitation (joint utility bills, rental leases)
– Records of communication (messages, emails, calls)
– Photos together through the years
Immigration Status
Definition: immigration status is the legal status of a person in the UK within immigration law. It defines an individual’s right and ability to enter, stay, work, and access services.
Immigration Health Surcharge (HIS)
Definition: it is a fee that visa applicants must pay for access to the National Health Service (NHS) while in the UK
Public Funds
Definition: public funds are benefits or services by the government that are available to residents in the UK. Public funds are not available to most visa applicants including those on a spouse visa.
Appendix FM
Definition: Appendix FM refers to the section of UK immigration rules that governs family members, including spouse and partner visas. This encompasses financial, accommodation, and relationship criteria.
1. Passport
– Photocopy of the applicant’s valid passport (with a minimum validity period).
– Photocopies of the identification pages of the applicant’s passport.
2. Evidence of relationship (to demonstrate a genuine and subsisting relationship)
– marriage civil partnership certificate.
– Evidence of residing together for a minimum of two years (joint tenancies, utility bills, bank statements).
– Pictures together (covering different periods of the relationship).
– all evidence of correspondence and communication (WhatsApp chats, emails, calls, etc.).
– Travel records indicating visits to each other.
– Children’s birth certificate together (if applicable).
3. Financial requirement documents (to demonstrate that the sponsor meets the minimum income threshold).
– Employment letter (verifying employment, salary, and contract terms).
– Payslips (last 6 months).
– Bank statements (last 6 months; showing salary deposits).
– Tax returns (P60, if applicable).
– Records of self-employment (in case of self-employed: includes tax returns, business accounts, registration at HMRC).
– savings proof (if using savings to fulfil financial requirement).
4. Proof of accommodation (to prove sufficient living conditions)
– lease agreement or mortgage statement.
– Council tax or utility bills.
– Letter from landlord (you fainting), confirming the partner is allowed to stay.
5. English language requirement (for the spouse/partner applicant)
– An approved English language test certificate (CEFR A1 or higher).
– Or a degree in English (verified by UK NARIC).
– Or evidence of exemption:
– Applicants coming from a predominantly English-speaking country
– Or over 65 years old
– To hold a medical condition that makes it impossible for applicants to take the test (proof required)
6. Tuberculosis (TB) test certificate
– necessary if applying from a country requiring TB tests
It is necessary that all documents are in English or accompanied by a certified translation. They may need originals and copies and will need to make a biometric appointment to submit fingerprints and a photo at a visa centre.
It is important to be aware of the financial nuances of the application. Here is a breakdown of the main fees and extra costs:
1. Visa application fee applying from:
-outside the UK: £1,846.
-Inside in the UK: £1,258.
2. Immigration health surcharge (IHS):
The immigration Health Surcharge is £1,035 per year. The total IHS would be £2,587.50 for a visa valid for 2.5 years. The IHS is calculated on a six-month basis. Thus, visa for 2 years and 1 month will incur 2.5 years of IHS, while visa for 2.6 years will incur 3 years of IHS. The IHS should be paid in full at the time of application submission. remember for entry clearance visa is for 2 years 9 months: so charge is 3 years of IHS
3. Biometric information:
– Cost for fingerprints and digital photo in the UK £19.20.
– Optional: priority processing:
– Priority service (decision in 5 working days): £500.
– Super priority service (decision by the end of the next working day): £1,000
4. Additional costs to consider:
In addition to the base fees, And here are the following expenses to potentially consider:
Documentary translation
– Documents must be accompanied by a certified translation if they are not in English or Welsh.
– Cost: around £60 for a one-page document.
Tuberculosis test (TB)
– Mandatory if coming from a country where TB test is required.
– Price: £100 for individuals under 11 years old; £195 for 11 and above, various by clinic.
English language test
– Where it is applicable, completion an approved English language test is required.
– Estimated price: £150 – 250.
Legal assistance
Although not required, many applicants opt to retain immigration solicitors to assist with the application. Fees vary significantly depending on the complexity of the case and the services offered.
5. Requirements for a certified translation:
Any document not in English or Welsh must be accompanied by a certified translation of the original. The translated document must contain:
– A statement that it is a true and accurate translation of the original document.
– Date of the translation.
– The full name and signature of the translator.
– The contact information for the translator. Well done you
It is crucial to ensure that all translations meet the standards, as failing do so can result in delays or denial of the visa application.
Step 1.
– Regardless of whether the applicants from outside the UK or from inside the UK, they need to submit their applications online through the official government website.
– Complete the online application and pay the visa fee and Immigration Health Surcharge (IHS).
Step 2
Submit biometric data (fingerprints and digital photo) at the applicant nearest VAC (visa application centre) for overseas at their home country for those applying within the UK at their nearest UK Visa Citizenship Application Services (UKVCAS).
Steps 3
– The documents can be filled online (uploaded digitally)
– In-person during appointment (some centres are able to scan the supporting documents on behalf of the applicant).
Step 4
Wait for a decision
If applied: standard processing time:
– From outside of the UK: usually 24 weeks (6 months).
– Within the UK: usually 8 weeks.
Optional priority and super priority services:
– Priority (5 working days): £500 extra
– Super priority (next working day): £1,000 extra
1. Missing/invalid documentation
Insufficient or incorrect documentation is one of the most common reasons for visa refusals. The Home Office needs vast amounts of evidence and getting the right documents in the right format submitted is crucial; otherwise there can be delays or refusal.
Common mistakes include:
– bank statements or payslips missing to demonstrate financial eligibility
– uncertified or unofficial translation of documents in non-English languages
– not having delivered evidence of accommodation in the UK
– not providing English language certificate
The standards required for specific documents are exceptionally high, so it is vital to adhere to the official UKVI checklist and check all documents in advance of submission.
2. Not meeting the financial requirement
– This period to generally include no longer than six months.
– Payslips provided and bank statements do not correlate.
– The sponsor does not reach the income requirement.
The Home Office is very precise on submission of financial evidence and any discrepancies can easily lead to a refusal.
3. Insufficient evidence of a relationship
A UK spouse/partner visa can only be granted if the relationship is genuine and subsisting. Criteria for refusal of applications include:
– Lacking evidence of ongoing communication, visits, or shared commitments in the relationship.
– The statements by the applicant and sponsor present conflicting claims.
– The applicant and sponsor have been separated for a long time without valid justification.
A well-documented relationship history, such as pictures of mutual travels and correspondence, can significantly support the legitimacy of the relationship.
4. Mistakes in the application form
The online application form must be filled out correctly as mistakes will lead to automatic refusals. Common errors include:
– Wrong information about the chronology of the relationship.
– Inconsistencies about financials or a priority immigration history.
– Not properly completing sections regarding accommodation and dependents.
Incorrect information, even small mistakes can raise red flags with UK VI and cause unintentional problems.
5. Providing an incorrect English test
The English language requirement must be evidenced by taking an Home Office- approved test (A1 for the first visa, A2 for an extension).
Common issues include:
– Taking an exam with an unapproved provider.
– Submitted certificates that has already expired.
– Not understanding that an English- taught degree may need an ECCTIS ( previously NARIC) certificate if it is to be treated as evidence.
Deviating from this requirement can result in a rejected application or delays.
6. Lack of evidence for appropriate accommodation
The Home Office needs evidence that the couple will have enough space in their UK home to avoid overcrowding. Factors which may result in applications being rejected include:
– Proof of accommodation is not provided (tenancy agreement, mortgage statement, or letter from home owner).
– The accommodation does not comply with UK housing standards.
– A letter of consent is missing (if the couple will be staying with family or friends).
Documentation is required in order to prove that the applicant will have a stable living place in the UK.
7. Processing delays due to application not being complete
Even once an application is technically correct, further documents can be requested, leading to delay. Some of the most common reasons behind delays are:
– Applying at a peak time when processing times are extended.
– Not following up on the status at the application and ignoring requests for more information.
8. Visa refusals or immigration problems in the past
A history of visa refusals, a failure to live the UK on time or prior imigration breaches can render any new application more challenging. Many applicants failed to:
– Disclose information about past refusals, thinking that it won’t be checked.
– Explain clearly the past immigration problems.
– Provide supportive documentation to address prior refusals.
The Home Office carriers out extensive background checks, and failure to provide complete personal information can result in automatic rejection.
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