Know How To Get A Spouse Visa For The UKKnow How To Get A Spouse Visa For The UK

The legally married couple can join each other in the UK if one of the spouses is living in this country and possesses a settled status. This can be achieved by applying for a spouse visa UK. You can reside in the UK and work as a regular employee without any restriction after availing this visa. The leave to enter can be exceeded up to 30 months if you still stand eligible for this extension. This is considered as a gateway to seek Indefinite Leave to Remain or British citizenship.

The Non-European nationals may file an application to enter or reside in the UK under following circumstances.

  • As the spouse/partner of a person with settled status or a British citizen
  • Humanitarian protection or Refugee leave through a partner visa, spouse visa or unmarried partner visa.

Requirements for a Spouse Visa

The foreign spouse, same-sex, civil or unmarried partner of a person with settled status or British citizen will have to fulfill the criteria regarding his/her relevant visa. The basic requirements according to the Immigration Rules may include nature of the relationship, suitability, English language and financial requirements. If everything goes well, you will obtain a leave to enter and stay in the UK for 30 months.

After you have successfully lived in the UK for 5-years under spouse visa UK, you may stand eligible to apply for an ILR. On the contrary, if you don’t fall under this criteria, the most feasible option is to apply for a less stringent 10-year route, having relaxed financial and English language requirements.

If you failed to meet the eligibility criteria for the spouse visa under any of the above-mentioned route, you can apply for a permission to stay in the UK on the basis of your private life. However, it is essential to apply prior to the expiry period of your existing visa status, as you can only apply for this kind of leave to remain from within the UK.

Switching to a Spouse Visa

Those who have joined their spouse or partner in the UK under a different immigration category may switch to a spouse visa. However, you will not be permitted to switch to spouse visa in case you have entered the UK as a visitor on temporary admission for less than 6 months. Moreover, by breaching any of the Immigration Rules, you will lose your right to avail this concession.

UPDATE: Amendments Made to a Minimum Income Requirement

There have been certain changes to immigration law in the recent past. One of these amendments suggests that Home Office will consider some other specified circumstances for the UK spouse if he/she does not fulfill minimum income threshold. According to such an amendment passed on August 10th 2017, the Home Office will consider other methods of financing while deciding the fate of spouse visa applications. This includes self-employment, continued financial support from a relative or self-sustainability. These changes are referred as a ray of hope for those have previously applied for a spouse visa UK or unmarried partner visas and received a refusal.

The legally married couple can join each other in the UK if one of the spouses is living in this country and possesses a settled status. This can be achieved by applying for a spouse visa UK. You can reside in the UK and work as a regular employee without any restriction after availing this visa. The leave to enter can be exceeded up to 30 months if you still stand eligible for this extension. This is considered as a gateway to seek Indefinite Leave to Remain or British citizenship.

The Non-European nationals may file an application to enter or reside in the UK under following circumstances.

·         As the spouse/partner of a person with settled status or a British citizen

·         Humanitarian protection or Refugee leave through a partner visa, spouse visa or unmarried partner visa.

Requirements for a Spouse Visa

The foreign spouse, same-sex, civil or unmarried partner of a person with settled status or British citizen will have to fulfill the criteria regarding his/her relevant visa. The basic requirements according to the Immigration Rules may include nature of the relationship, suitability, English language and financial requirements. If everything goes well, you will obtain a leave to enter and stay in the UK for 30 months.

After you have successfully lived in the UK for 5-years under spouse visa UK, you may stand eligible to apply for an ILR. On the contrary, if you don’t fall under this criteria, the most feasible option is to apply for a less stringent 10-year route, having relaxed financial and English language requirements.

If you failed to meet the eligibility criteria for the spouse visa under any of the above-mentioned route, you can apply for a permission to stay in the UK on the basis of your private life. However, it is essential to apply prior to the expiry period of your existing visa status, as you can only apply for this kind of leave to remain from within the UK.

Switching to a Spouse Visa

Those who have joined their spouse or partner in the UK under a different immigration category may switch to a spouse visa. However, you will not be permitted to switch to spouse visa in case you have entered the UK as a visitor on temporary admission for less than 6 months. Moreover, by breaching any of the Immigration Rules, you will lose your right to avail this concession.

UPDATE: Amendments Made to a Minimum Income Requirement

There have been certain changes to immigration law in the recent past. One of these amendments suggests that Home Office will consider some other specified circumstances for the UK spouse if he/she does not fulfill minimum income threshold. According to such an amendment passed on August 10th 2017, the Home Office will consider other methods of financing while deciding the fate of spouse visa applications. This includes self-employment, continued financial support from a relative or self-sustainability. These changes are referred as a ray of hope for those have previously applied for a spouse visa UK or unmarried partner visas and received a refusal.

by Deniel Richard
References and Bibliography
Immigration Solicitors UK. We specialize in Spouse Visa UK, Tier 2 Visa, EEA Family Permit.
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