Securing a UK spouse visa can be a challenging and intricate process. This visa permits non-UK residents to join their partners in the UK and involves meeting a series of strict requirements and procedures. Whether you are a first-time applicant or seeking an extension, it’s essential to understand the intricacies of the application process. This guide outlines the key elements of obtaining a UK spouse visa and explains how Haris Law Solicitors can support you throughout the process.
What is a UK Spouse Visa?
A UK spouse visa, also known as a marriage visa, allows non-UK residents to live with their British spouse or partner in the UK. The visa is initially granted for 30 months and can be extended for another 30 months. After five years of continuous residence, visa holders can apply for Indefinite Leave to Remain (ILR), a step towards British citizenship.
Eligibility Criteria
• To be eligible for a UK spouse visa, applicants must meet the following criteria:
• Relationship Requirements:
• The applicant must be married to or in a civil partnership with a British citizen or someone with settled status in the UK.
• The relationship must be genuine and ongoing.
• The couple must have met in person and intend to live together permanently in the UK.
Financial Requirements:
The UK-based partner (sponsor) must have a minimum income of £29,000.00 per year, with higher thresholds if there are dependent children.
Income can be sourced from employment, self-employment, pensions, or savings.
The couple must have adequate accommodation in the UK without relying on public funds.
The applicant must demonstrate English proficiency, typically by passing an approved English language test or having an academic qualification taught in English.
The Application Process
The spouse visa application process includes several steps:
• Document Collection: Applicants must gather comprehensive documentation, including proof of relationship, financial evidence, accommodation details, and English language certification.
• Filling Out the Application Form: The application is submitted online via the UK government’s official website, where applicants provide detailed information about their personal circumstances and relationship.
• Paying the Fees: The application fee is £1,523 for those applying from outside the UK and £1,033 for those applying from within. Additionally, applicants must pay the Immigration Health Surcharge (IHS) for access to the National Health Service (NHS).
• Biometric Appointment: Applicants must attend a biometric appointment to provide fingerprints and a photograph.
• Waiting Period: After submitting the application and attending the biometric appointment, applicants must wait for a decision, typically around 12 weeks.
Extending a Spouse Visa
If you already have a spouse visa and need to extend your stay in the UK, you must apply for an extension before your current visa expires. The extension process mirrors the initial application, with a few additional requirements:
• Maintaining the Relationship: Evidence must be provided that your relationship is still genuine and ongoing.
• Financial and Accommodation Requirements: You must continue to meet the financial and accommodation requirements, providing updated evidence as necessary.
• English Language Requirement: Demonstrate continued English proficiency, although some may be exempt based on previous tests or qualifications.
How Haris Law Solicitors Can Assist
Navigating the spouse visa application process can be daunting. Any mistakes or omissions can lead to delays or refusals. Haris Law Solicitors specialize in assisting with spouse visa applications and extensions, offering services which include expert advise, document assistance, application review, representation and ongoing support.
