Can I apply for a UK Partner or Spouse visa?

or is in the UK with limited leave as a refugee or person granted humanitarian protection. This route is suitable for those who are looking to join or stay with their partner in the UK on a permanent basis.

The UK government defines partner as:

• the applicant’s spouse;
• the applicant’s civil partner;
• the applicant’s fiancé(e) or proposed civil partner; or
• a person who has been living together with the applicant in a relationship akin to a marriage or civil partnership for at least two years prior to the date of their application.

What are the different requirements for a Spouse visa?

To qualify for the UK Spouse visa you will need to demonstrate that you meet the following requirements:

• You are both over the age of 18;
• Your partner is a British citizen, holds indefinite leave to remain or limited leave to remain under Appendix EU or Appendix ECAA;
• You and your partner intend to live together permanently in the UK and have a genuine relationship;
• You have met in person and you are in a civil partnership or marriage that is recognised in the UK;
• You are able to demonstrate good knowledge of the English language;
• Any previous relationships have broken down permanently;
• You are able to meet the minimum income threshold and the financial requirement;
• You will not need to rely on public funds when in the UK;
• There is adequate accommodation for you and any dependants;
• The application does not fall for refusal on ‘suitability’ grounds (for example, where the applicant has been convicted of a criminal offence for which they have been sentenced to imprisonment for at least 4 years)

What are the Spouse Visa financial requirements?

To meet the minimum income requirement for a Spouse or Partner visa you and your partner must earn a combined annual income of at least £18,600. If you have children who are not British citizens, do not have pre-settled status and are not permanently settled in the UK, you will need to prove you have the financial means to support them as well. This will require an additional £3,800 for your first child and £2,400 for each child thereafter.

Applicants must also provide evidence of their source of income, which may include:

• Income from employment before tax and National Insurance
• Income you earn from self-employment or as a director of a limited company in the UK
• Cash savings above £16,000
• Pension savings
• Income from property rentals or dividends

At present, 95% of UK spouse visas applications are decided within 12 weeks. Upon approval of a UK Spouse visa an applicant is granted an initial period of leave to remain. This is for 33 months if applying from abroad, or 30 months following an in-country application.  Prior to your initial grant of leave expiring, you will need to apply to extend your visa. If this application is also successful, you will be granted an additional leave to remain for a period of 30 months. Once you have resided within the UK as the Spouse of a British citizen or settled person, you may be eligible to apply for indefinite leave to remain.

Gherson is an award-winning London-based immigration firm and is highly experienced in dealing with a broad range of immigration issues. Our teams work with private clients and corporates alike, to ensure that each individual set of circumstances and requirements are satisfied. For any further information, please contact us, send us an e-mail, or alternatively, follow us on Twitter to stay informed in relation to UK immigration.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

©Gherson 2021