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UK SPOUSE VISA

At push legal services, we will help you get reunited with your spouse in the uk

If you are married to a British Citizen, or a person with Indefinite Leave to Remain (ILR) or a person  with settled status, you can apply for a Spouse visa if you wish to join, or stay with your husband or wife in the UK. You can also apply for a UK Spouse Visa if your Spouse is outside the UK, but is intending to return to the UK with you.

As a Spouse Visa holder, you can seek employment, pursue studies and travel in the UK without any restrictions.

The UK Spouse Visa enables you to reside in the UK alongside your Spouse for a duration of up to 30 months. This visa can be extended for an additional 30 months if you meet certain eligibility requirements. Holding a Spouse Visa serves as the initial step towards securing Indefinite Leave to Remain (ILR) and, ultimately, British Citizenship.

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:

– £18,600; 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.

 

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Frequently Asked Questions

As a general rule, children born in the UK from at least one parent who is a British citizen or settled person automatically acquire British nationality. However, it’s advisable to seek legal guidance to confirm whether your children are eligible to obtain British citizenship through any other means or if there are specific circumstances that may affect their eligibility.

Consulting with an immigration lawyer can provide you with a comprehensive understanding of your children’s status and the necessary steps to take.

If your British partner has passed away before you have the opportunity to submit your citizenship application, it is typically not possible to apply for British citizenship based on the marriage route.

However, if you hold Indefinite Leave to Remain (ILR), EU settled status, or permanent residence status, you may still have other immigration routes available to potentially become eligible for British nationality. It is advisable to explore these alternative options and seek legal guidance to determine the best path forward based on your individual circumstances.

Applying for British Naturalisation, especially through the marriage route, can be a complex and stressful process. To alleviate this stress and ensure the success of your application, the team of specialist lawyers at PLS is dedicated to providing professional assistance.

Our services include:

  1. Ensuring you have all the required documents for your application.
  2. Confirming that you meet the British Citizenship requirements.
  3. Ensuring you have sufficient evidence of your marriage or civil partnership.
  4. Assisting you in completing your application form to the highest standard, maximizing your chances of acceptance.
  5. Preparing you for the Life in the UK test, which is a prerequisite for your application.

To get expert guidance and support for your British Citizenship application by marriage, you can contact PLS by calling 0333 0124 253 or making an online enquiry to speak with an immigration lawyer. They can provide you with valuable insights tailored to your specific circumstance, making the process more manageable and increasing your chances of success.

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