Spouse Visa | Marriage Visa Application
A UK Marriage Visa or a UK Spouse Visa allows non EEA nationals who are married to a British citizen, or person who has settlement status in the UK to enter or remain in the UK.
You must meet with the eligibility requirements listed below in order to qualify for this visa, please contact us for an initial assessment to determine your eligibility, and to discuss the options available to you.
In order to make a successful UK Spouse or UK Marriage visa application, you will need to meet with the following criteria;
- You and your partner are both aged 18 or over at the date of application;
- You and your partner are not related to each other in a way that means they could not marry in UK law;
- you and your partner have met in person;
- your relationship with your partner is genuine and subsisting;
- you married or in a civil partnership, and your marriage or civil partnership is valid in UK law;
- You and your partner have the intention to live with each other on a permanent basis; and
- You are able to meet with the minimum income threshold requirement of £18,600 for sponsoring the settlement in the UK of non-European Economic Area (EEA) nationality, with a higher threshold for any children also sponsored; £22,400 for one child and an additional £2,400 for each further child;
- You are able to house yourself, your partner and any dependents entirely without recourse to public funds; and
- Your partner is able to satisfy the English language requirement.
- You may be required to have a TB test before making your spouse visa application. You can find more information on this here.
Financial Requirement of the Spouse Visa Application
The introduction of the financial requirements has led to an increased burden on applicants of having to provide extensive documentary evidence to meet with this requirement.
The UKVI requires specific documentation to substantiate the basis of your income. The documents required vary depending on the source of income you seek to rely on.
Visa Application Processing Times
The average processing time for a spouse visa depends on whether the application is submitted in country or on an entry clearance basis. It can vary from 2 – 12 weeks from the date of submission.
Duration of the Spouse Visa
The visa is issued for 2.5 years, then extension for another 2.5 years and after which time the applicant will need to apply for an extension. Once you have resided in the UK for a continuous period of five years, you can apply for Indefinite Leave to Remain (ILR)
How do I make the Application?
If you are making the application from outside of the UK you will need to make an entry clearance application. If you have valid leave to remain in the UK and your visa was issued for more than six months you can apply to switch to the spouse visa or marriage visa application. You cannot switch to a spouse visa if leave to remain was initially granted for a period of six months or less.
UK Spouse Visa | UK Marriage Visa Extension Application
The initial spouse visa is granted for 2.5 years, thereafter the applicant can apply for an extension providing he or she is able to meet with the above criteria. In addition the applicant will need to also meet with the following criteria;
- The applicant has not remained in breach of the immigration laws, disregarding any period of overstaying for a period of 28 days or less; and
- the marriage or civil partnership has not taken place after a decision has been made to deport the applicant or he has been recommended for deportation or been given notice under Section 6(2) of the Immigration Act 1971 or been given directions for his removal under section 10 of the Immigration and Asylum Act 1999;
Settlement | Indefinite Leave to Remain
In order to make a successful application for Indefinite to Leave to Remain, the applicant will need to demonstrate that he or she meet with the following criteria;
- The applicant has completed a period of 5 years in the UK, with a visa or permission to remain here in this category;
- The applicant remains the husband, wife or civil partner of the person specified in his or her visa or permission to remain;
- the marriage or civil partnership continues to exist and that the couple are in a real and subsisting relationship;
- The couple have the intention to live together permanently as husband and wife or civil partners;
- you couple continue to have recourse to adequate housing for themselves and their dependents without recourse to public funds;
- The couple can maintain themselves financially without seeking recourse to public funds;
- The applicant does not have any unspent convictions within the meaning of the Rehabilitation of Offenders Act 1974; and
- The applicant has successfully passed the life in the UK test and is able to meet with the requisite English language requirements.
Can I work or study whilst on a spouse visa?
Yes, once your spouse visa application is approved you are eligible to work or study in the UK.
How we can assist with making a successful visa application.
Our team of specialist London based Immigration lawyers can assess your individual circumstances, assist with the collation of key documentation and prepare your visa application in accordance with the requirements of the relevant immigration rules.
Vincent Solicitors and Affordable fees
We cater to the needs of our clients by offering affordable fees and the option of flexible payment terms. If you cannot afford to pay our fee in full at the time of your instructions, we are happy for you to pay in installments; we will accept half of the agreed fixed fee at the time of initial instructions with the balance to be paid upon submission of the application.
Vincent Solicitors and SRA Compliance
We are a firm of solicitors that is authorised and regulated by the SRA to provide immigration advice. Your matter will be dealt with by qualified immigration solicitors from instruction through to completion of your immigration matter. Get in touch for a free initial consultation