The spouse visa or partner visa category is for partners of British citizens or those settled in the UK to either apply to join them or extend the stay to remain together. This category can be applied from within the UK or abroad. This route is normally taken by married couples or civil partners to live together in the UK and leads to settlement after 5 years under normal circumstances.
In order to qualify for a Spouse or Civil Partner visa, both the applicant and their partner would need to be above 18 years old and satisfy the below requirements:
The financial requirement that needs to be met differs on the basis of the number of financial dependants applying together. The minimum requirement is an annual income of £29,000 for a partner application.
The financial requirements can be met in a number of different ways. This can include salaried or non-salaried income, salary or dividends from the company, income from self-employment, rental income, pension or income from any investments. It is also possible to use cash savings that has been held for more than 6 months, if above £16,000 to be used in part or full to meet the financial requirement. The applicants can also combine some selective type of income and/or savings to meet the financial requirement. This is an area where applicants must take extra caution, as not providing the right specified documents to evidence income remains one of the most common reasons for refusal under this route.
The applicants may rely on Human Rights grounds if they otherwise do not meet all requirements and can demonstrate that there would be very significant difficulties in continuing the relationship outside the UK. The Home Office may also consider any third-party funding or support when examining whether the minimum income threshold has been met in specific circumstances.
The applicants are normally granted an initial leave of 30 months if applied from within the UK and 33 months if applied from abroad. They will be able to extend this leave if they continue to meet the requirements and can apply for settlement further to the completion of 5 years under this category. It is also worth noting that if the leave is granted further to relying on human rights or otherwise not meeting the requirements, the applicants will only be able to settle in the UK after 10 years. The spouse of a British Citizen can immediately apply for British citizenship further to obtaining settlement, if they meet all other requirements. Spouse and Civil Partner visa holders have a full right to work, study and carry out business activities in the UK.
Our Immigration lawyers at City Legal have immense experience in assisting clients on family and private life visa applications. Our Immigration team carefully assesses each client’s financial scenario before advising on the right income route. We can also advise clients whose circumstances are not straightforward and do not meet the income criteria from one single source, by mixing various income categories permissible and/or evidencing with any third party support. We are a multi award winning law firm and pride ourselves in being approachable, innovative and always going that extra mile to make sure our clients receive the individual attention they deserve. Our Immigration team maintains a high reputation and is committed to provide clear, transparent and reliable advice to our clients.
There may be an interview as part of the application process conducted over the phone if the applicant is abroad or face to face if in the UK. The main purpose of the interview is to establish the genuineness of the relationship. We can assist clients in preparing for such interviews if required.
You will not be able to change your category if you are here as a visitor or if permission to stay was given for a period of less than six months.
UK spouse, civil partner or unmarried partner visa is issued on the basis of the applicant’s relationship with their sponsor. If the relationship ends, the Home Office will curtail the visa giving a short period of time to make a new application under a new route or leave the country.
The requirement to meet financial requirements only applies when you make an initial application, extend your visa or apply for settlement under this category. It does not matter if your circumstances change after getting the visa, as long as you would meet the requirements at the time of extension. It is worth noting that in some scenarios, you have to evidence 12 months of income rather than 6 months.
The spouse/partner visa applications are normally deemed as applications that impact individuals’ human rights, and any refusal of such applications normally carries a right of appeal. The applicant would be able to challenge the decision in the Immigration Tribunals and should seek legal advice on any refusals.
