What are the Requirements of UK Spouse Visa?

This UK Spouse Visa category is used by married couples who want to live together in the UK when one is a British national and another is from another country.

This type of UK visa allows the spouse to enter the UK as the partner of a British or settled person. It lasts for up 33 months and can be extended and used as a qualifying time for permanent settled status. You need to meet certain requirements to be eligible for a Spouse Visa for the UK. These include passing the ‘genuine relationship test’ and meeting financial requirements.

Spouse Visa Requirements

Before sending an application for this visa category, you should ensure that you meet all the requirements. These are as follows (applying to the applicant, the non-EEA partner):

• You are in a ‘genuine and subsisting relationship with a British citizen or settled person in the UK
• You are married to them
• You have physically met your partner at least once
• You can prove your marriage is not for convenience or fraudulent, by demonstrating that your relationship is a genuine one
• You can show evidence of the above requirements by providing proof of correspondence, time spent together, your marriage licence, gifts, money exchanged, etc.
• You meet the financial requirements
• You meet the accommodation requirements
• You meet the English language requirements

Spouse Visa Document Checklist

Partner Visa applications require the most extensive amounts of supporting evidence, as you need to prove you meet every requirement to be eligible. A few examples of the types of documents you should submit with a Spouse Visa application are:

• Proof that your relationship is real: Phone conversations, emails, messages, Skype sessions
• Proof of your income: Job contracts, your P60, your bank statements
• Proof that you meet the accommodation requirement: House lease, letting contract, proof of booked temporary accommodation
• Proof that you meet the English language requirement: IELTS test results, an English-taught degree, proof that you are a national of an English-speaking country

There are many different types of documents you can use for a Spouse visa application. Proving that your relationship is genuine is subjective, and it depends on the nature of your lives together and communicating with each other. As a result, there is no limit to the evidence you can submit to prove this.

The ‘Genuine Relationship’ test

Part of the review process for a Spouse Visa application is assessing whether you meet the ‘genuine relationship’ criteria.

This is set out by UKVI and is designed to tell whether the applicant’s relationship to their British sponsor is real and long-lasting. The exact terminology used by UKVI is “genuine and subsisting”, and these are the traits that they will judge you on.

There are several types of documents you can use to prove this, and this will depend on the type of relationship you have and what works for you. For example, if you have frequent Skype calls with your partner then evidence of this could work in your favour. Equally, if you have attended lots of events together then tickets showing this would work well to support your application. Examples of documents you can use include:

• Evidence of a shared bank account and/or savings
• A joint tenancy agreement or mortgage
• Text messages or social media chats
• Evidence of gifts bought for one another or money exchanged
• Evidence of children you have had together (school records, or a birth certificate)

If you fail to provide enough supporting evidence, it is likely that your application will be refused. Likewise, if you provide too much and UKVI decide your application looks manipulative, you will not pass the genuine relationship test.

Accommodation Requirements

As part of the Spouse Visa requirements, you must show that there is adequate accommodation set up for when you arrive in the UK, which you must share with your partner.

This accommodation must meet the UK living standards, and you must be able to show this. To show that you meet this requirement, you can submit:

• An official description of the property (for example, from a letting agent/letting website)
• Evidence that you have enough rooms to accommodate yourself and your partner, as well as any dependent children you have*
• Proof that you/your partner have either paid/can afford to pay for this accommodation

*To meet UK living standards, there must be:

• One bedroom per couple and baby under one-year-old
• A further bedroom for each child over the age of 10 (children between one and nine can share one bedroom, but this must be separate from the couple).

You must provide proof that the accommodation adheres to these standards for a Marriage Visa application to be granted. If you do not have adequate accommodation set up in the UK, or the means to fund this, you will not be eligible. Because of this, it is advisable that you make sure you have this before you send an application.

Meeting the Spouse Visa Financial Requirements

The financial requirements for a Spousal Visa are as follows:

• You must earn a couple’s income of at least £18,600 (gross annual income)
• For each dependent child applying with you, this increases to £2,400 – this applies to any non-EEA child who isn’t a British citizen or settled person
• This money can be made from your and/or your partner’s income
• This income can come from employment, self-employment, or ownership of a business
• Income from non-employment, like property rentals, investments, stocks, and shares can also be used
• You can also use savings if they amount to more than £16,000 and are combined with another means of income and have been held by yourself or your partner for six months or more.

If your UK partner receives certain benefits in the UK (such as disability allowance, carer’s allowance, police injury pension, or industrial injuries disablement benefit) you will be exempt from the financial criteria for a Partner Visa.

Meeting the English language requirement

To be eligible to join your partner in the UK, you will also need to meet the Spouse Visa English language requirement.

In most cases*, you must pass an English language test. This is to prove that you have enough knowledge of speaking, reading, writing, and understanding English.

Your test must be sat before you make your visa application. Once passed, it will last two years, after which you will be required to sit it again.

The test must be done through a registered provider – called a Secure English Language Testing (SELT) provider.

*You are exempt from taking the English language test if you:

• Are a national of a majority English-speaking country (like Australia, Canada, or the USA)
• Are you under the age of 18 or over the age of 65
• Have a disability which prevents you from being able to take the test
• Have a degree which was taught in English

Spouse Visa Processing times

The Spouse Visa application processing time can vary in length and can take anywhere between 30 days and six months. Gathering your evidence, completing your forms, and submitting your case can often take weeks in themselves.

Once your application has been received, UKVI will process it, and assess whether you meet all the requirements. Once the assessing official has made a decision on your case, they will get back to you with a decision. This whole process can take a while, especially if there is something especially complex about your case and/or you apply with dependents.

Spouse Visa Application costs

The costs of applying for a Spousal Visa (in 2019) are as follows:

• Visa fee: £1,033 if made from inside the UK, £1,523 if made from outside the UK
• English language test: £150
• Immigration Health surcharge: £1,560 if inside the UK, £1,872 if outside the UK
• Tuberculosis test: £65-110
• Housing report: £80- £120

Need assistance with Spouse Visa?

Adivis specialises in UK immigration. We help individuals with their UK immigration needs and can guide and support you through any Home Office process, including an application to visit the UK to get married. If you have a question about the Marriage Visitor Visa, please call 0208 638 5532 or contact us online.

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