We can secure your Spouse or Civil-Partner visa

A UK Spouse visa or Civil Partner visa permits a British resident (the ‘Sponsor’) to bring their foreign spouse to the UK. Marriage and civil-partnership have the same status in UK immigration law, and so whether you are married or in a civil-partnership, there is no distinction between these statuses. You will complete the same application form under the 'Family Visa' route.

The Family Visa route includes those applying as spouses, civil-partners, unmarried partners, fiancé/es and child dependants.  So, you will often hear the terms 'spouse visa', 'partner visa' and 'fiancé/e visa' used as though they are distinct and separate visa routes, but they are all under the UK Visas and Immigration (UKVI) umbrella term of, 'Family Visas'. You can read more about the often confusing UKVI terminology here: UKVI Family Visas - Terminology explained.

The spouse visa is usually applied for from the foreign spouse’s country of residence. But it can be applied for from inside the UK if the foreign spouse is on a visa which permits in-country switching. (Note: It is not permitted to switch into the spouse visa route from inside the UK if the foreign spouse is on a visit visa, for example.)

The spouse visa duration is 2 years 9 months if issued from outside the UK, or 2 years 6 months if issued from inside the UK. As you approach the expiry of your first spouse visa, you will need to make an extension application, to be be granted a further 2 years 6 months.

After 5-years on this visa route, the foreign spouse can then apply for Indefinite Leave to Remain (ILR), which is permanent settlement. They can subsequently apply for British citizenship if they wish to.

The foreign spouse is permitted to work in the UK while on a spouse visa.

You can find a more detailed explanation of the differences and considerations when choosing between the spouse, fiancé, unmarried partner, and marriage-visit visas, here:  UK Family visas: Spouse vs. Fiancé visas. What's the difference? (owlandsnake.co.uk) 

• The sponsor must be a British or Irish citizen, or have Indefinite Leave to Remain (ILR), or be an EU national with pre-settled status from living in the UK before 1 January 2021, or any nationality with settled status under the EU settlement scheme (EUSS).

• The sponsor must also be present and settled in the UK, or returning to the UK at the same time as the foreign spouse;

• The couple must both be over 18 years old at the date of application;

• The couple must not be closely related to each other prior to marriage;

• The couple must have met each other in person;

• The couple must be in a genuine and subsisting relationship with each other;

• If either the sponsor or the foreign spouse were in a relationship previously, then that relationship must have ended and they must both have been free to marry, at the point they re-married;

• The couple must intend to live together permanently in the UK;

• The couple must have adequate accommodation available to them in the UK;

• The foreign spouse must demonstrate English language to the required level. For the initial spouse visa, the level is CEFR A1. For the visa extension after 2.5 years, the level is CEFR level A2. This would normally be evidenced with an appropriate test certificate.

• However, a UK degree or masters will also satisfy the English language requirement. Or, a non-UK degree or masters, if taught in English, and recognised by the relevant UK body as being equivalent to a UK degree or masters. Or, if the foreign spouse is from a designated majority English speaking country, then they will satisfy the English language requirement. Majority English speaking countries are considered to be: Antigua and Barbuda; Australia; the Bahamas; Barbados; Belize; Canada; Dominica; Grenada; Guyana; Jamaica; Malta; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; or the United States of America.

• If the foreign spouse is resident in a designated TB country, then they require a TB test certificate. You can see the list of designated TB countries here (links to Home Office site): Designated TB countries

• Suitability requirements for the foreign spouse relate to their immigration history and their criminal history. If the foreign spouse has no adverse immigration or criminal history, then they will satisfy these requirements. If the foreign spouse has an adverse history, then it will depend on the nature of that history, as to whether it will cause a problem for the application. You can see the rules on this area, here (links to Home Office site): Grounds for refusal

• The financial requirements must be met (see below)

The financial requirement is the most complex part of the application, and also the most important. It can be met in various different ways, so it's difficult to summarize in a just a few bullet points. But by way of an overview:

• If the foreign spouse is applying from abroad, then the income requirement must be met solely by the UK sponsor, who must earn a minimum of £29,000 per year.

• If the foreign spouse is applying for their first spouse visa from inside the UK and he/she has permission to work (if switching from a different visa type which permits work, such as a Student visa, Skilled Worker visa, or a T5 Youth Mobility visa, for example), then the minimum income requirement of £29,000 can be met by the joint income of both the UK sponsor and the foreign spouse;

• If applying for the first spouse visa using savings, form inside or outside the UK, then the required amount is £88,500. These funds must be held in an account for 6-months prior to the application, and can be in the name of either the UK sponsor, the foreign spouse, or in both names jointly. More detail about this route here:  How to use cash savings in UK spouse, partner, fiancé visa routes (owlandsnake.co.uk) 

• Note, it's really important to remember that you cannot apply for your first family visa from inside the UK unless you are here on a visa which permits you to switch visa routes. You cannot switch from a visit to a spouse visa from inside the UK, unless there are exceptional circumstances in your case.

• We would strongly recommend that you read the Home Office guidance on meeting the financial requirements. The above is intended as a summary only. You can find that guidance here (links to Home Office site): Home Office financial guidance for partners

If you need help with an application, please contact us and we would be happy to help.