UK Spouse and Settlement Visa - Immigration Solicitors 4 ME
Thinking of applying for Spouse Visa UK? Here is all you need to know
The Spouse visa UKor the UK Marriage visa is a type of settlement visa that allows the applicant to join their partner for two and a half years. This Visa applies to both homosexual and heterosexual marriages that provide the same purpose as civil partnership visa. Non-EU nationals can also apply for spouse visa UK if their partner is a UK citizen, a UK refugee or a person with settled status. Whilst the applicant is eligible to work on the visa, the non-British partner cannot claim major benefits like tax credits or housing assistance that other UK citizens are entitled to. If you want to apply under the spouse visa then the applicant’s partner needs to be a British citizen or must be settled in the UK. In case the applicants are applying as an unmarried partner then the applicant must provide proof that they have lived with each other for at least two years. These pieces of evidence must include documents like a joint mortgage, joint bank account, and a tenancy agreement together. In case the applicant or the UK partner have been married in the past then it is crucial to include evidence of separation from the previous relationship. This document should be translated into English if it is in another language.
What is Spouse Visa?
Spouse Visa UKis also known as UK marriage Visa and it permits the married partners of the UK citizens in getting immigration to the UK. It is a type of settlement Visa that allows the spouse to live in the UK for up to 30 months and it can be extended for another 30 months later. This Visa can later help the spouse get Indefinite Leave to Remain (ILR) and finally British Citizenship. The main requirement of the Spouse Visa UK is proof that the partner has a genuine relationship with the UK citizen. Spouse marriage Visa applies to both homosexual and heterosexual marriages. Non-EU nationals can apply for the Spouse Visa UK if they are married to a British citizen, who is settled in the UK. Even though the spouse is eligible to work during Visa term but cannot receive benefits like tax credits or housing assistance for which UK citizens are entitled to.
How to apply for a spouse visa?
You can apply for a spouse visa UKfrom within the UK or from overseas, so if you are already in the UK on a work visa, fiancé visa, or student visa that is valid for more than six months, then it can be changed to a spouse visa. To apply for a visa under Appendix FM you will need to submit a valid application, so follow part 1 of immigration rules in paragraph 34. Make use of the correct application form which has been published most recently. You also need to submit the right application fee along with original and valid ID. With your application, you also have to pay the NHS surcharge which is 200 pounds per year. Applications from overseas must be filed online and it is important to print and complete Appendix 2 that consists of financial requirements. UK applicants also need to file an important form FLR (M) for leave to remain and SET (M) for indefinite leave to remain. Children who are under 18 years of age can also enter the UK as dependents and you need to make an application for them at the same time as spouse visa application. The sponsoring spouse must show income of a particular amount for the same and this income level depends on the number of dependent children that are being sponsored.
A successful application under Appendix FM will provide you with a grant of leave to enter for 30 months. During this time the person can apply for ILR after 5 years. There is an exception where the application is granted based on exceptional circumstances for which you will need to wait for 10 years before applying for ILR.
Extension of spouse visa:
You can apply for the extension of spouse visa UK for an additional 30 months which can take total time in the UK on this visa for up to five years. If you wish to enter the UK based on your relationship with a UK national then you need to apply for entry clearance before coming to the UK. If you are applying from inside the UK then you need to have leave to remain in the UK on a visa that is valid for 6 months at the time of applying.
UK citizen who is applying for the visa for their spouse needs to meet the financial requirement. In case you have refugee status or humanitarian protection then you don’t have to meet the financial requirement. You will need an income of minimum 18,600 pounds per year before tax without any child. In case your income is less than required then you can use the cash savings to meet the financial requirement. These savings must have been in your account for 6 or more months. Applicants must meet these income requirements to receive spouse visa UK approval. Income can be sourced from income through employment or self-employment, cash savings larger than 16,000 pounds, pensions or maternity pay. Applicants need to prove their income so you need to provide six months of bank statements, six months’ payslips and letters from employers along with the time of employment.
Spouse Visa financial requirements:
To qualify for the spouse visa UKor marriage visa you need to meet the following requirements:
- You and your spouse need to be over 18 years of age
- You and your spouse must have met each other and be legally married
- You both intend to live permanently together
- You need to have sufficient money to support yourself or any other dependents without claiming the public funds.
- The sponsoring partner must earn more than 18,600 pounds per year and should have sufficient savings to sponsor you. Minimum financial is more if the sponsoring partner also has dependent children.
- The sponsoring partner must have suitable accommodation for himself/herself, spouse and other dependents.
- You need to satisfy the English Language requirements.
- Sponsoring partner must be a British citizen.
- The marriage or civil partnership need to be recognized by the UK government.
- The relationship between married partners needs to be at least two years old when applying for the spouse visa in the UK. (This is to prevent the arranged marriages that are not recognized by British law).
Documents Required for Spouse Visa
- UK visa application form for the spouse visa and you will have to submit form VAF4A
- Valid passport with minimum one empty page to affix the visa
- Previous passports
- Two colored passport-sized photos that are taken according to the requirements set by the UK government
- Proof of English requirement
- Proof of financial income
- Proof of relationship of spouse and sponsor
- Details like your full name, date of birth and previous immigration applications
- Certificate of criminal record
- Your national insurance number
- Your parents’ nationality and date of birth if applying from outside the UK
- Biometric information like fingerprints, digital photograph taken at application center
- Proof of accommodation which can be a document that signifies that you have accommodation while staying in the UK
- Proof of paid spouse visa UKfees
Cost to apply for spouse visa:
Spouse Visa UK fees depend on how you apply for it. If the application is sent from outside the UK to join the partner then you will have to pay a fee of 1523 pounds. In case you apply in the UK in person then the cost will be 1033 pounds.
English language requirement:
If you are a spouse visa UKapplicant then you need to show that you can understand and speak English and you must meet the English language requirements if:
- You have a nationality from a country outside the European economic area and Switzerland
- You want to migrate to the UK as the person’s spouse
- You are in a relationship with a British citizen or someone settled in the UK
- You want to immigrate to the UK as the person’s spouse
- If you are not a national of majority English speaking country and don’t have a degree of English language then you have to pass an English language test from the approved test provider.
What if the visa is refused?
If your visa has been refused, then you can appeal only if you can prove that due to the decision, it will be impossible for you both to be together. However, it’s difficult to appeal and may take a long time so you can take help from our specialist immigration solicitors. When you get the letter of visa refusal it will also state about your chances to appeal for the decision. If you can appeal to the decision then you can do so within 28 days of receiving the letter of refusal.
How long does the visa last?
The average processing time of spouse visa UK application is 2-12 weeks from the date of submission. If you are applying from overseas then spouse visa is initially issued for 30 months. If you are applying from within the UK then spouse visa is issued for 30 months. Later on, you can apply for an extension of an additional 30 months which can be extended up to five years. During this period you can also apply for Indefinite Leave to Remain (ILR) if you are still married and living in the UK and the sponsor continues to meet the maintenance requirements. Once ILR has been granted, you are eligible to apply for naturalization as a British citizen. You cannot, however, switch to spouse visa if you are already in the UK on a visa for at least six months.
How we can help you?
We at Immigration solicitors 4 Me, make sure that your chances at getting Spouse visa UKare high and for that, we assign an expert solicitor who assesses the entire situation along with requirements and eligibility to get spouse visa UK. We help you with the completion and compiling of application and documents and will help you apply for visa easily. It might be difficult to understand the various visa categories and choosing the right one for you but we can provide you with one of our experienced immigration solicitor who can assist you with the application and will help you understand the various options available. We provide you with these services:
- We make sure that your documents are complete for the application
- We will make sure that you have enough proof to show that the relationship with your spouse is genuine
- We help you prepare the Letter of Representation in which the details of your case and its merits will be listed
- We will be liaising with the Home Office as your representative
- We will complete every part of your application with full attention and care
You can contact us on our official website or can call us on +44 207 993 5720 to get best services for spouse visa UK as we have well-experienced and knowledgeable solicitors that specialize in compiling papers and documents. We can help you apply online or in Home Office with great ease so that you get spouse visa without any problem. Our team of experts has helped numerous people get spouse visa the UK successfully so get expert advice and assistance while applying for the spouse visa.