The Ultimate Guide to the UK Spouse Visa: Requirements, Application Process, and FAQs

Are you planning to join your spouse in the UK? The UK Spouse Visa provides an opportunity for foreign nationals to join their British or settled partners in the UK. In this comprehensive post, we will walk you through the key aspects of the UK Spouse Visa, including eligibility requirements, the application process, and commonly asked questions.

Genuine and Subsisting Relationship

In the context of the UK Spouse Visa, demonstrating a genuine and subsisting relationship is a crucial requirement. The UK Visas and Immigration (UKVI) aims to ensure that the relationship between the applicant and their partner is authentic and not entered into solely for the purpose of obtaining an immigration benefit. Here are some key points to consider when proving the genuineness of your relationship:

Documentation of Relationship:

• Provide evidence of your relationship history, such as photographs together, travel itineraries, joint bank account statements, joint tenancy agreements, or utility bills in both names.
• Include communication records, such as emails, letters, chat logs, or phone call logs, to demonstrate ongoing contact and communication between you and your partner.

Cohabitation Evidence:

• If you have been living together, provide documents that prove shared residence, such as tenancy agreements, mortgage statements, or official letters addressed to both of you at the same address.
• Include joint bills, bank account statements, or other financial records that demonstrate shared financial responsibilities and contributions.

Relationship Timeline:

• Prepare a detailed timeline of your relationship, highlighting significant milestones, events, and shared experiences. This can help establish the genuine and continuous nature of your relationship over time.

Spouse Visa Financial Requirements

The UK Spouse Visa has specific financial requirements that must be met to demonstrate that you and your partner can adequately support yourselves without recourse to public funds. The financial requirements are as follows:

Income Threshold:

• You and your partner must have a combined minimum income of at least £18,600 per year. This threshold increases if you are sponsoring dependent children. The required income is higher for each additional child.

Employment and Self-Employment:

• Income from salaried employment, non-salaried employment, self-employment, and cash savings can be considered to meet the income threshold.
• If you are employed, you will generally need to provide pay slips, bank statements, and employment contracts to evidence your income.
• If you are self-employed, you will need to provide business accounts, tax returns, and other supporting documents to demonstrate your income.

Cash Savings:

• If you do not meet the income threshold through employment or self-employment, you can use cash savings to supplement your income.
• The cash savings must amount to at least £16,000, and every £1,000 of savings above this threshold can count as £1 of income towards meeting the financial requirement.

Alternative Sources of Income:

• In some cases, you may be able to use alternative sources of income, such as income from property rental, investments, pensions, or certain benefits. These alternative sources need to meet specific requirements and be supported by appropriate evidence.

Adequate Maintenance

The adequate maintenance test only applies in cases where the sponsor (the ‘UK partner’) receives one of the following ‘permitted’ benefits:

• Carer’s Allowance;
• Disability Living Allowance;
• Industrial Injuries Disablement Benefit;
• Severe Disablement Allowance;
• Personal Independence Payment;
• Attendance Allowance;
• Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme; and
• Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme.

It’s important to note that financial requirements can be complex, and meeting them accurately is crucial for a successful visa application. It is recommended to seek professional advice from an immigration specialist who can guide you through the process and ensure that you meet the financial criteria.

Spouse Visa English Language Requirements

As part of the UK Spouse Visa application process, there are English language requirements that must be met by the partner who is already in the UK. The purpose of these requirements is to ensure that individuals can effectively communicate and integrate into English-speaking society. Here are some key points regarding the English language requirements:

Exemptions:

• Individuals from certain countries may be exempt from the English language requirement. These countries include the United States, Canada, Australia, New Zealand, and others. Check the UK Visas and Immigration (UKVI) website for a complete list of exempt countries.

Approved English Language Tests:

• If you are not exempt, you must take an approved English language test. The approved tests if you are in the UK are;

• LanguageCert
• Pearson
• IELTS SELT Consortium
• Trinity College London’s Integrated Skills in English (ISE) for UKVI.

If you are outside of the UK

You can only take a SELT with one of the following providers:

• PSI Services (UK) Ltd
• IELTS SELT Consortium
• LanguageCert
• Pearson

For the Spouse Visa, you will generally need to take the IELTS Life Skills test, which assesses your speaking and listening skills at a specific level required by the UKVI.

Academic Qualifications

An applicant will meet the English language requirement if they have an academic qualification which meets one of the requirements below.

The requirements are that the applicant has:

• a bachelor’s degree, master’s degree or doctorate awarded in the UK; or
• a degree or degree-level qualification taught in a university or college in a majority- English-speaking country listed (except Canada), or Ireland, which meets or exceeds the recognised standard of a bachelor’s degree, master’s degree or doctorate awarded in the UK; or
• a degree or degree level qualification which meets, or exceeds, the recognised standard of a UK bachelor’s degree; master’s degree or doctorate and was taught or researched in English.

The requirement must be proven by one of:

• a certificate from the awarding body: or
• a transcript issued by the university or college that awarded the qualification; or
• an official letter from the university or college that awarded the qualification containing information equivalent to a degree certificate.

If the qualification was awarded by a body from outside the UK, the requirement will be proven by confirmation from Ecctis that the qualification meets the requirements.

Minimum Required Level:

• The minimum required level for the IELTS Life Skills test is A1, which is the basic level of English proficiency.
• You must achieve a pass in this test to meet the English language requirement for the Spouse Visa.

Test Availability and Booking:

• These tests are conducted by approved test centres worldwide. You can check the official websites of IELTS and Trinity College London for information on test availability, locations, and booking procedures.

Evidence and Validity:

• You will need to provide the original test certificate as evidence of meeting the English language requirement.
• The test certificate should be valid at the time of the Spouse Visa application.

Adequate Accommodation

An applicant must provide evidence that there will be adequate accommodation in the UK, without recourse to public funds, for the family, including other family members who are not included in the application but who live in the same household. This must be accommodation which the family owns or which they occupy exclusively.

Accommodation for the couple may be prospective rather than available on arrival because the marriage or civil partnership has not yet taken place. The decision maker must be satisfied that adequate permanent accommodation will be available after the marriage or the civil partnership has taken place and that adequate temporary accommodation will be available in the meantime, for example, provided by family or friends.

Ownership/occupation

The applicant should provide evidence as to the basis on which the accommodation is or will be owned or occupied (including rented) by the family unit. This may for example be in the form of a copy of the property deeds, a letter from a bank or building society as to the mortgage arrangements, a lease agreement and rent book, or a letter from a family member or friend who is making the accommodation available to the applicant and their family unit.

Local Authority or Housing Association

Where the accommodation is rented from a local authority or housing association, correspondence from them can normally be relied upon as sufficient evidence. Greater care needs to be taken in respect of a private tenancy. If there are any aspects of the accommodation arrangements which raise substantial doubts as to whether the requirements of the Immigration Rules are met, further evidence should be sought.

Friend or Family Accommodation

Where the accommodation is not ‘owned’ by the sponsor (in the sense that they are not the head of the household but, for example, are living with their parents or are living alongside other tenants in a house in multiple occupations), the rules require there to be adequate accommodation which the sponsor and any partner and dependants will occupy for their exclusive use. This need not be a separate house or self-contained flat but, where it is as little as one bedroom of their own, enquiries should be made about the number of rooms in the property, the number of occupants and whether this is only intended to be a short-term arrangement.

Tuberculosis Test

All applicants for long-term UK visas from countries where TB is common must be screened for active TB in the lungs as part of their UK visa application.  In this guide to TB screening for the UK, we answer a number of frequently asked questions about TB and TB screening requirements for UK visa applications.

Tuberculosis (TB) test is required by an Applicant if they are coming to the UK for more than 6 months and they are residents in any of the countries listed by the UK government.

Appendix T: tuberculosis screening of the Immigration Rule

Application Process:

• • Complete the online application form, paying the required fees.
  • Book and attend the biometric appointment to provide fingerprints and photographs.
  • Submit the required documents either by uploading them online or by mailing them to the designated visa application centre.
  • Attend any necessary interviews or provide additional information if requested.
  • Track the progress of your application online.

Processing Times and Decision:

• • Processing times can vary, but most decisions are typically made within 8-24 weeks on a standard service or 30 days on a priority service.
  • You will receive a decision letter stating whether your application has been approved or rejected.
  • If approved, you will be granted a visa valid for 30 months, which can be extended for an additional 30 months.
  • After a total of five years in the UK on a Partner Visa, you may be eligible to apply for Indefinite Leave to Remain (ILR).

Frequently Asked Questions

How long is the UK Spouse Visa valid for?

Initially, the visa is granted for 30 months. After this period, it can be extended for an additional 30 months. After a total of five years in the UK on a Spouse Visa, the applicant may be eligible for Indefinite Leave to Remain (ILR).

Can I work in the UK on a Spouse Visa?

Yes, the UK Spouse Visa allows the holder to work in the UK without restrictions.

Can I switch to a UK Spouse Visa from within the UK?

Yes, if you are already in the UK on a valid visa, you may be eligible to switch to a UK Spouse Visa from within the country.

Can I include dependent children on my UK Spouse Visa application?

Yes, dependent children can be included in the application. However, additional financial requirements and supporting documentation will be necessary for each child.

Can I access public funds on a UK Spouse Visa?

No, individuals on a UK Spouse Visa are generally not entitled to access most public funds or welfare benefits. The sponsor must be able to financially support the applicant and any dependents without relying on public funds.