To apply for a Spouse Visa and gain entry into the UK, you must be married to a British citizen, an individual with Indefinite Leave to Remain (ILR), or a person with settled status. The primary eligibility criteria involve providing evidence of a genuine relationship and meeting specific financial conditions.
For professional guidance on your UK Spouse Visa application, and to understand how you can enter the UK and obtain leave to remain with your Spouse, who is a UK citizen, it is advisable to consult with our team of immigration lawyers. We can provide expert advice and assistance tailored to your specific circumstances.
Before you submit your application for a UK Spouse Visa, you need to:
- Have all the required documents
- Pass the ‘Genuine Relationship Test’
- Meet the minimum income threshold and the financial requirement
- Demonstrate your knowledge of the English language
- Have proof of suitable accommodation for you, your partner and any dependents
- Get your biometrics taken to get leave to remain
- To remain in the UK, you may also need to pass a medical test to show you don’t have Tuberculosis (TB), depending on the applicant’s country of residence
Can I renew or extend a UK Spouse Visa?
You can renew and extend your Marriage Visa for another 2 years and 6 months, as long as your current leave to remain hasn’t expired.
After you have lived in the UK for a total of 5 years, you can apply for Indefinite Leave to Remain (ILR). Get in touch with our lawyers if you need to apply for a UK Spouse Visa extension.
What are the Spouse Visa financial requirements?
To demonstrate that you can be financially self-sufficient in the UK without relying on public funds, you must satisfy the Spouse Visa financial requirement. The financial requirement for a UK Spouse Visa application stipulates that, unless exempt, you must prove that your spouse (or both of you together, if you are already in the UK with valid leave to remain) has a gross annual income of at least £29,000 plus:
- £3,800 for the first child (who is not a British citizen, holds indefinite leave to remain in the UK, has pre-settled status, or settled status, or is an EEA national with a right to reside in the UK); plus
- £2,400 for each additional child (who is not a British citizen, holds indefinite leave to remain in the UK, has pre-settled status, settled status, or is an EEA national with a right to reside in the UK).
If your spouse is receiving certain state benefits or entitlements, different considerations will apply, and the financial requirement for a UK Spouse Visa becomes that the sponsor can ‘adequately maintain and accommodate’ the family member being sponsored to enter or remain in the UK.
It’s important to note that you must meet the financial requirement when you initially apply to enter the UK as a spouse, when you apply to extend your stay as a spouse, and when you apply for indefinite leave to remain as a spouse.
The Immigration Rules concerning the Spouse Visa financial requirement are intricate and encompass specific mandatory documentary evidence criteria. It is the responsibility of applicants to substantiate that they meet the financial requirement. Failure to provide the mandatory financial evidence is a frequent cause of Spouse Visa application refusals.
Given the complexity and significance of the financial requirement, it is advisable to seek professional assistance or guidance to ensure that you fulfill all necessary criteria and furnish the required documentation correctly when applying for a Spouse Visa. This can greatly enhance your chances of a successful application and minimise the risk of refusal due to missing or inadequate financial evidence.
What is the English Language Requirement?
UK Spouse Visa has an English language requirement, and applicants must demonstrate their ability to speak English in one of the following three ways:
Citizens of Majority English-Speaking Countries
If you are a citizen of one of the following countries, your passport automatically proves your English language ability:
- Antigua and Barbuda
- Australia
- The Bahamas
- Barbados
- Belize
- Canada
- Dominica
- Grenada
- Guyana
- Jamaica
- New Zealand
- St Kitts and Nevis
- St Lucia
- St Vincent and the Grenadines
- Trinidad and Tobago
- USA
Having an Undergraduate Degree or Higher Qualification
If you have obtained an Undergraduate Degree, a Masters, or a PhD from a UK college or university, this can be used to demonstrate your English language ability. If your degree is from a non-British institution but was taught in English, it may still be accepted. In such cases, you should obtain a certification from UK NARIC to verify if your degree is equivalent to a UK degree.
Taking an Approved English Language Test
Another way to prove your English language proficiency for the Spouse Visa is by passing an approved English language test. This test assesses English reading, writing, speaking, and listening skills to evaluate your understanding and proficiency. Only specific test providers, test types, and test centers are accepted, so it’s essential to ensure you are taking the correct test. The list of approved tests can be found on the UK government’s official website.
The required test categories are Speaking and Listening at level A1 or higher. The most popular test to take is IELTS Life Skills A1, A2, or B1. These tests are pass/fail, and there is no specific minimum score to achieve. While IELTS for UKVI General Training or Academic is accepted for certain purposes, they are not required for this visa category.
It is important to note that the applicant must have passed the English language test before they submit their visa application.