Family Based Application
UK Marriage or Spouse Visa
The UK Marriage Visa is a term commonly used to refer to the Spouse Visa however, there lies a minor difference between the two. A Spouse Visa allows the spouses of British citizens and/or persons free from immigration control to join their partners in the UK. A Marriage Visa refers broadly to several visa categories which allow partners of persons with lawful residence to bring their overseas partners to join them in the UK. This may include dependants of persons who would normally need a visa to come into the country as opposed to the Spouse Visa which is issued solely to spouses of British citizens settled persons.
Important to note, what is commonly referred to as a Marriage Visa does not in itself exist as an immigration route, while the Spouse Visa does. A Marriage Visa may include both a Spouse Visa and PBS Dependent Visa as a spouse or someone with a valid leave to remain in the country (Tier 1, 2, or 4).
The kind of Marriage Visa you need will normally depend on your circumstance.
British citizen -> UK Spouse visa
Person with ILR or permanent residence -> Spouse Visa
EEA National married to a non-EEA -> EEA Family permit (submitted outside the UK)
Person with refugee status or humanitarian protection -> Family reunion
Tier 4 student visa – Dependent of a Tier 4 visa holder
Tier 2 general visa – Dependent of a Tier 2 General visa holder
Conditions of a UK Spouse Visa
A Spouse Visa is normally issued for 2.5 years and allows the holder to work in the UK without restriction. At the end of the first granted 2.5-year period, the holder can apply for an extension and be eligible for Indefinite Leave to Remain (ILR) after 5 years.
Please note that for ILR applications you will need to provide evidence of cohabitation throughout the 5-year period.
To make this application, both parties must be able to prove the following: –
They have physically met each other.
They are legally married.
That there is an intention to live permanently together in the UK as couple; and
That the sponsor meets the financial requirements as described in the immigration rules
Other Requirements
The requirements for the Spouse visa can be found in the Appendix FM of the immigration rules.
Importantly, four main requirements would need to be met.
Proof of a genuine and subsisting relationship between the two partners;
Meeting the financial requirements as stated in Appendix FM (currently a minimum of £18,600 gross per year);
Meeting the English language requirement; and
Meeting the accommodation requirement.
UK Spouse Visa Fees
The Spouse Visa allows the spouse or civil partner of a British citizen (or “settled” person) the right to live and work in the UK. As visas go, the Spouse Visa is one of the more generous, and therefore most popular, visa routes. The benefits include the 2.5 years stay it allows in the UK (which can be extended), the ability to gain ILR after 5 years of stay, and the ability to work without restriction.
What is the Eligibility Criteria for a UK Spouse Visa?
The eligibility criteria for a Spouse Visa is as follows:
Spouse or civil partner must be a British citizen or “settled” person (has ILR or a protected status, such as a refugee)
You must be in a provable relationship (documentation will be required) having lived together for at least 2 years
Have good English language skills (may need to be proven depending on your country of origin)
Be able to financially support both yourself and your dependants (will require proof of finances)
If you can meet these criteria, then you should have a very strong application – it is also possible to apply even if all these conditions have not been met.
How Much is the Application Fee for a Spouse Visa?
The fee for making a Spouse Visa application is £1,523. The application will need to be completed online (apart from some cases where eligibility criteria is an issue – we will advise you on which to use). You will also need to pay additional fees, such as the Immigration Health Surcharge (IHS), which is £200 per year per applicant. If you have used legal help (such as ours), you will need to pay that separately – we will advise you of the costs involved in using our service once we’ve established your needs.
You will need to pay the total upfront for your application to be processed – the prices quoted only cover standard fees. If you are looking to have your application processed faster, you will need to use a premium service, which adds further additional costs.
The Financial Requirements
To bring your spouse to the UK, you must be able to prove you can look after them during their stay. You need to be earning above a certain threshold to prove they will not be a burden on the state whilst in the country.
It is important to note, however, that you will be exempt from the financial requirement if you are in the UK as a refugee, or under humanitarian protection. However, you will still need to show that you earn a minimum gross salary/wage; the amount will depend on who you are applying for.
If you are applying for your spouse alone, you will need to show that you earn a minimum gross annual income of £18,600.
If you are applying for your spouse and one child, the financial requirement is £22,400 gross per year.
For every additional child (in addition to the point above) you will need to add £2,400 for each child to the £22,400 gross per year.
Please note that maintenance funds will be taken into consideration in line with the source of the funds in question. Only the sources listed below will be considered:
Income of the partner from specified employment or self-employment, which, in respect of a partner returning to the UK with the applicant, can include specified employment or self-employment overseas and in the UK
Pension of the applicant and/or partner
Maternity allowances or bereavement benefit received by the partner in the UK
Any other income and/or savings specified by the applicant and/or partner
Please note, exemptions from meeting the financial requirement will be applicable if the sponsor is receiving income from any of the following sources:
Disability living allowance
Severe disablement allowance
Industrial injury disablement benefit
Attendance allowance
Carer’s allowance
It is important to note however, that in the event of a partner qualifying for exemption in line with the above, the applicant will still need to show that they have enough funds to maintain themselves in the UK, as well as having adequate accommodation (while having no recourse to public funds).
Combining Your Income
If you are not able to meet the financial requirement using one source of income, you can combine the following sources:
Self-employment/employment income
Pension
Maternity, sickness, adoption or paternity pay
Income from rent or shares
Minimum cash savings of £16,000 for at least six months (you may need further explanation regarding this).
What Documents Are Required to Make a Spouse Visa Application?
Due to the nature of the visa, there is often a concern as to which documents are required to satisfy UK Visas and Immigration (UKVI). We are now going to look at the application process for a Spouse Visa in the UK and what documents you are likely going to need to support your application.
So, What Documents Are Required to Apply for a Spouse Visa?
As you may expect, for a visa that comes with rather generous terms, you will be expected to provide a lot of documentary evidence. Most of this documentary evidence will be linked to the relationship and will be used as a way of testing how genuine the relationship is. The UK has historically had problems with so-called “sham marriages”, which resulted in the rules being significantly tightened for visas involving relationships/marriages. As a result of this, you will be expected to produce a substantial amount of paperwork.
As well as paperwork pertaining to your relationship, you will also need to provide identifying information (such as passports), as well as documentation relating to you criminal past (if any), your financial situation and, depending on your specific situation, your health.
How Do I Apply for a UK Spouse Visa?
You can apply for a Spouse Visa online from outside of the country. If you are already in the UK, you can also apply online given you’ve met all the eligibility criteria. If this isn’t the case, you may be required to fill in a form for a postal application instead. In this case, the eligibility criteria are as follows:
A high level of English-speaking ability
Meeting the minimum income requirement
Having permission to be in the UK
Is a Civil Partnership Treated the Same as a Marriage for a Spouse Visa?
Yes, as far as the Spouse Visa is concerned, there is no difference between a Civil Partnership and a marriage. The main concern is whether your relationship is genuine or not. You will be expected to provide significant amounts of evidence to prove this, therefore making it unimportant as to whether you are in a Civil Partnership or marriage.
Recent changes in the UK now allow for heterosexual couples to enter into a Civil Partnership as well. So, if you find a Civil Partnership to be more suitable to your relationship, do not be put off entering one on the grounds of your Spouse Visa application – it still satisfies the UKVI requirements.
What is the Cost of Applying for a Spouse Visa?
The cost of applying for a Spouse Visa is £1,523. This only applies to the online application and does not cover additional fees such as the Immigration Health Surcharge (IHS), which covers your use of the National Health Service (NHS) during your stay in the country. If you use our services, there will also be additional charges, which will depend largely upon your situation – we will ensure you are fully aware of exactly what you need to pay during your dealings with us.
Once you have made your application, you will then need to wait approximately 8 weeks for a decision. This can be reduced by using additional premium services to speed up the process (which will incur further costs).
Entry Clearance for a UK Spouse Visa
The immigration rules allow the spouse of a person present and settled in the UK to apply for entry clearance as a spouse. The definitions of a person present and settled in the UK also include persons who have been granted settlement at the same time as the applicant.
The following are the requirements for entry clearance as a spouse:
The applicant must be outside the UK
The application for entry clearance as a spouse must be a valid one
Must not fall for refusal under any of the grounds in Section S-EC: Suitability-entry clearance; and
The applicant must meet all the requirements of Section E-ECP: Eligibility for entry clearance as a partner
Entry clearance applications will be refused if:
There is a directive from the Secretary of State that the exclusion of an applicant from the UK is conducive to public good
The applicant is subject to a deportation order as of the date of application
The exclusion of the applicant from the UK has been deemed conducive to public good as a result of the applicant’s conduct, character or association
Without a reasonable excuse, the applicant failed to show up for a compulsory interview, provide specified information, undergo a medical examination or report when required to do so. It is immaterial whether the misrepresentation is intentional or known to the applicant or not
It is undesirable to grant entry clearance for medical reasons
The mandatory NHS surcharge, alongside other compulsory charges, have not been paid or have failed
Failure to provide a requested maintenance and accommodation undertaking
Eligibility for UK Entry Clearance as a Spouse
The following requirements are required to be met in order to be eligible for entry clearance to the UK:
The applicant’s spouse must be either a British national, present and settled in the UK or with refugee leave or with humanitarian protection
The applicant must be 18 years old or over at the date of application
Both partners must not be within the prohibited degree of relationship
The applicant and his/her spouse must have met in person
The relationship must be both genuine and subsisting
The marriage between both parties must be valid and legal
Unless the marriage is a polygamous one, every previous marriage must have been completely dissolved
There is an intention to permanently live together in the United Kingdom
The English Language Requirement
The applicant would need to show that they have an adequate knowledge of the English language. The following are the ways in which an applicant can meet the English language requirement:
Being a citizen of a majority English speaking country
Possess an educational degree from a higher educational institution in the United Kingdom
Pass a UKVI recognised English Language test
If the applicant is over 65 years old they can be exempt
Where the applicant suffers from a disability preventing them from meeting the English Language requirement
If there are exceptional circumstances which prevent the applicant from being able to meet the requirement prior to entry to the UK
Switching into the UK Spouse Visa
Migrants currently in the United Kingdom with a valid leave to remain or enter for a period of more than six months and are married to a British national, a person present and settled in the UK, or with a refugee status or humanitarian protection, can apply to switch into a Spouse Visa from within the country.
One option is switching to a Spouse Visa wherein the proposed applicant is married to a citizen of the EEA. The benefit of switching into a Spouse Visa is that your case for remaining as a spouse may be stronger than your claim to extend your current visa. The Spouse Visa is one of the UK’s longer lasting visas and is also extendable to cover the possibility of gaining ILR after 5 years.
The process is reasonably straightforward – like many other visa programmes, it is all down to eligibility.
The main areas of eligibility for switching to a Spouse Visa are:
Evidence of a relationship
Documentary evidence to support the financial requirements (please note that after August 2017 the Home office must take specific conditions in mind when it comes to the minimum income threshold)
Adequate accommodation
Good English language skills
These are common among the visa programmes in the UK and are designed to ensure that applicants are who they say they are. The UK is currently trying to reduce net migration and so is ensuring that every applicant is genuine.
UK Spouse Visa Renewal / Extension
If you have been last granted leave as a spouse of a British citizen or a person present and settled in the UK (or a refugee), you should be able to apply for a renewal or extension as the case may be – provided you are still married to your visa sponsor and continue to meet the other immigration requirements.
Please note that if your spousal application was granted prior to 09 June 2012, your extension application will be considered in line with Appendix FM of the Immigration Rules.
It is also important to note that Spouse Visa applications, which are considered under Appendix FM (as mentioned above), would be subject to meeting the financial requirements, which involves showing an annual income of at least £18,600 before tax.
Indefinite Leave to Remain (ILR) as a Spouse
If you have been granted a Spouse Visa under the Appendix FM, you will need to apply for ILR using the SET (M) application form; provided you have continually resided in the UK for 5 years under the Spouse Visa. Exemptions are applicable to individuals who are normally exempt from meeting such requirements under Appendix FM.
A person who was granted a Spouse Visa under the rules set in place before 9 July 2012 can apply for Indefinite Leave to Remain (ILR) using the SET (M) application upon completion of 2 years residence in the UK on a Spouse Visa. The applicant can submit the SET (M) application 28 days before completion of 2 years residence in the UK as a spouse.
Un-Married Partner:
You can come to the UK as an unmarried partner of a British Citizen or person with Indefinite Leave to Remain in the UK, provided you meet the requirements under the route. The route allows couples who are in genuine, durable and relationship akin to marriage to join their partner in the UK if they are not yet ready to formalise their relationship by way of marriage. You will however meet the requirements of the immigration rules which are very similar to the Married- couple as mentioned above.
If you want to join your partner in the UK under the unmarried route, why don’t you call or request a call back from our dedicated team right now for advice and guidance?
Child UK Visa Application:
It is possible under the UK immigration law to bring your child to reside permanently with you in the UK if you are settled and you can also apply to join your parents if you a child under the age of 18.
Eligibility and Requirements:
Dependent child visa requirements can be complex, depending upon the situation of the applicants. For an application to be successful, there are a number of general requirements that need to be fulfilled. These include:
- You – the child – must be under 18
- You must not be married or living in a civil partnership
- You must not be living an independent life – i.e. the child must be dependent on its parents
- You must be financially supported, without recourse to public funds or benefits
- One of your parents must be applying for a UK visa – either as a partner joining the other parent (e.g. under the UK marriage visa category) or as a parent with sole responsibility.
In some exceptional circumstances, it is possible to apply for a child visa for children over 18, such as for a child with mental or physical disabilities. In addition, if the parent is an EEA/EU national, the age limit for children is 21 years and the application can be made from inside or outside the UK.
This visa category also applies to adopted children. In this case, adoption arrangements should be fulfilled inside the UK, with additional paperwork needed as part of the application.
Financial Requirements
If the parent holds indefinite leave to remain or British citizenship, then the parent must be able to prove that they will be able to maintain and accommodate the child without recourse to public funds.
If the parent is a fiancé, unmarried parent or spouse of a British national or a person with Indefinite Leave to Remain, the parents need to prove that they have an income of at least £18,600 per year, plus £3,800 for the first child.
If the parent is looking to bring more than one non-EU child to the UK, they will need additional funds to support them; £2,400 for each additional child.
Apart from the salary option, there are other sources of income that can be used to prove the requirements for a child dependent visa. These include cash savings, money from a pension and non-work-related income, such as earnings from property rentals.
Documentation:
As with many other visa applications, a number of documents need to be submitted as part of your child settlement visa. These include:
- Passport.
- Evidence of Relationship- e.g. Birth Certificates
- Immigration Status of the sponsoring parents
- Adequate Accommodation in the UK
- Documents to show that you meet the necessary financial requirements, including:
- Six months Bank statements of the parent who is residing in the UK
- A letter from sponsor’s employer, confirming job title, employment start date, whether job is permanent or otherwise and the annual salary
- 6 months’ worth of payslips that corroborates with the entries in the bank statements.
Adult Dependants:
You can live in the UK permanently if you need to be care for by a relative who is settled in the UK either as a British Citizen or person with an indefinite leave to remain:
Eligibility and Criteria are as follows:
You must be outside the UK to apply and need long-term care from a parent, grandchild, brother, sister, son or daughter who is living permanently in the UK.
One of the following must also apply to the relative:
- they’re a British citizen
- they’ve settled in the UK – for example, they have indefinite leave to remain, settled status or proof of permanent residence
- they have refugee status or humanitarian protection in the UK
If your family member has settled status you may also be eligible to apply to the EU Settlement Scheme or for a family permit.
You must prove all of the following:
- you need long-term care to do every day personal and household tasks because of illness, disability or your age
- the care you need is not available or affordable in the country you live in
- the person you’ll be joining in the UK will be able to support, accommodate and care for you without claiming public funds for at least 5 years
- you’re 18 or over
How long you can stay for
Your stay will be:
- unlimited if you applied to join a family member who’s British or settled in the UK – you will not need to apply to extend or settle
- as long as your family member’s stay if they have refugee status or humanitarian protection in the UK – you’ll need to apply to extend or settle when they do.
Our team at Worldwide Law can assist you to navigate through this complex application route, give us a call or request a call back.
Bereavement:
You can apply for Indefinite Leave to Remain (ILR) as a bereaved partner if:
- your partner who was British Citizen or settled dies while you were on probationary leave to remain as a spouse, unmarried partner, civil partner or same sex partner; and
- you were in a genuine relationship with your partner and intended to live permanently with each other in the UK at the time of your partner’s death.
An application for ILR as bereaved partner is made using application form SET (O). Children under the age of 18 can be included as dependants when you apply as a bereaved partner.
Section BPILR of Appendix FM makes provision for spouses, civil partner, unmarried partners, same sex partners who are bereaved during the probationary period to be granted indefinite leave to remain (ILR) in the UK, provided that the relationship was subsisting and that they intended to live together permanently in the UK at the time of the sponsor’s death.
These Rules do not apply to persons admitted to the UK as the spouse, civil partner, unmarried partner, same sex partner of a person who has only limited leave to enter or remain in the UK (with the exception of those who had leave as the spouse of a person in the UK with refugee leave or humanitarian protection) or who is an European Economic Area national exercising Treaty rights here. The Rules relating to bereaved partners do not apply to fiancé(e)s and proposed civil partners.
Eligibility and Criteria
To meet the eligibility requirements for indefinite leave to remain as a bereaved partner all of the following requirements must be met:
- The applicant’s last grant of limited leave must have been as-
- a partner (other than a fiancé(e) or proposed civil partner) of a British Citizen or a person settled in the UK; or
- a bereaved partner.
- The person who was the applicant’s partner at the time of the last grant of limited leave as a partner must have died.
- At the time of the partner’s death the relationship between the applicant and the partner must have been genuine and subsisting and each of the parties must have intended to live permanently with the other in the UK.
- Application can be submitted out of time, (application of this nature can be submitted even after the expiration of your leave).
- There is no requirement for English Language or Life in the UK test.
If you need to make an application for Indefinite Leave to Remain in the UK as a bereaved partner, please call or request a call back for a professional advice and guidance.
Application for Indefinite Leave to Remain as a Victim of Domestic Violence:
If your marriage breakdown as a result of an abusive relationship or domestic violence, it may be appropriate to consider an application for indefinite leave to remain in the UK if you can show a causal link. Your relationship breakdown must have been because of the domestic violence.
What is Domestic Violence?
Domestic violence is classed as any incident of threatening behaviour, violence or abuse which may be psychological, physical, sexual, financial or emotional between adults who are or have been close partners or family members, regardless of gender or sexuality.
According to the Government definition of domestic violence as of 31st March 2013. The definition of domestic violence and abuse is any incident or pattern of incidents showing controlling, coercive or threatening behaviour, violence or abuse between those aged 16 or over, who are or have been intimate partners or family members, regardless of gender or sexuality. This can, but is not limited to the following types of abuse: psychological, physical, sexual, financial and emotional abuse.
Controlling behaviour can cover a range of acts designed to make a person subordinate and or dependent by isolating them from sources of support. Controlling behaviour exploits the victim’s resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape.
Coercive behaviour is an act or a pattern of acts of assault, threats, humiliation and intimidation, or other abuse that is used to harm punish or frighten the victim. There is no difference between psychological abuse and physical abuse when it comes to assessing if a person is a victim of domestic violence. In the domestic violence context family members include mother, father, son, daughter, brother, sister and grandparent. The legal definition of injury is any harm done to a person by acts or omissions of others.
The Domestic Violence Rule applies if you are in the UK as the wife, partner or civil partner of someone who is British or has Indefinite Leave to Remain (ILR).
Eligibility and Criteria
To meet the eligibility requirements for indefinite leave to remain as a victim of domestic abuse all of the requirements of paragraphs E-DVILR.1.2. and 1.3. must be met.
According to paragraph E-DVILR.1.2, the applicant’s first grant of limited leave under Appendix FM must have been granted as a partner (other than a fiancé(e) or proposed civil partner) of a British Citizen, a person settled in the UK, or a person with refugee leave, under paragraph D-ECP.1.1., D-LTRP.1.1. or D-LTRP.1.2. of Appendix FM or as a partner of a refugee granted under paragraph 352A, and any subsequent grant of limited leave must have been:
- granted as a partner (other than a fiancé(e) or proposed civil partner) of a British Citizen, a person settled in the UK, or a person with refugee leave under paragraph D-ECP.1.1., D-LTRP.1.1. or D-LTRP.1.2. of this Appendix; or
- granted to enable access to public funds pending an application under DVILR and the preceding grant of leave was granted as a partner (other than a fiancé(e) or proposed civil partner) of a British Citizen, a person settled in the UK, or a person with refugee leave under paragraph D-ECP.1.1., DLTRP.1.1. or D-LTRP.1.2. of this Appendix; or
- granted under paragraph D-DVILR.1.2.
According to paragraph E-DVILR.1.3, the applicant must evidence that during the last period of limited leave as a partner the applicant’s relationship with their partner broke down permanently as a result of the partner’s domestic violence.
If you need to make an application as a victim of domestic violence, it is important you seek professional legal advice and assistance, this is fundamental, it was reported that, the rate of rejection or refusal is high because of the ‘hostile environment’ policy.
It was reported that since 2015, applications that are rejected have no right of appeal; there is only the right to administrative review or a Judicial Review at the best and only 2% of administrative reviews are successful according to a Freedom of Information request by the Guardian.
Call our highly and dedicated professionals to discuss your application with you, by doing so, you will avail yourself with quality legal advice and guidance.
