The UK Marriage Visa is a term commonly used to refer to the Spouse Visa however, there lies a minor difference between the two.

A Spouse Visa allows the spouses of British citizens and/or persons free from immigration control to join their partners in the UK. A Marriage Visa, however, refers broadly to several visa categories which allow partners of persons with the lawful residence to bring their overseas partners to join them in the UK. This may include dependants of persons who would normally need a visa to enter the country as opposed to the Spouse Visa, which is issued solely to spouses of British citizens settled persons.

It is important to note that Marriage Visa does not in itself exist as an immigration route, while the Spouse Visa does. A Marriage Visa may include both a Spouse Visa and PBS Dependant Visa as a spouse or someone with valid leave to remain in the country (Tier 1, 2, or 4, Overseas Sole Representative Visa, Startup and Innovator Visas).

The kind of Marriage Visa you need will normally depend on your circumstances, as the sponsor.

British citizen – Spouse visa

A person with ILR or permanent residence – Spouse Visa

EEA National married to a non-EEA – EEA Family permit (submitted outside the UK)

A person with refugee status or humanitarian protection – Family reunion

Tier 4 student visa – Dependant of a Tier 4 visa holder

Tier 2 general visa – Dependant of a Tier 2 General visa holder

How Do I Apply For A Spouse Visa?

You can apply for a Spouse Visa online from outside of the country. If you are already in the UK, you can also apply online given you’ve met all the eligibility criteria and prepared all documents required for this application. If this isn’t the case, you may be required to fill in a form for a postal application instead. The Spouse Visa eligibility criteria are as follows:

A sufficient level of English-speaking ability – For initial applications, the requirement for a Spouse visa is a lower standard of English than that of a Spouse Visa extension and Indefinite Leave to Remain.

Meeting the minimum income requirement – If applying without dependants, the requirement is £18,600. There are different rules in place contingent upon whether you are employed or Self-Employed and whether you are applying with Dependants. If you are not employed and hold savings of £62,500, you do not need to show you are employed.

Having permission to be in the UK –

Conditions Of A Spouse Visa

A Spouse Visa is normally issued for 2.5 years and allows the holder to work in the UK without restriction. At the end of the first granted 2.5-year period, the holder can apply for an extension and be eligible for Indefinite Leave to Remain (ILR) after 5 years.

Please note that for ILR applications you will need to provide evidence of cohabitation throughout the 5-year period.

To make this application, both parties must be able to prove the following: –

• They have physically met each other;
• They are legally married;
• That there is an intention to live permanently together in the UK as a couple; and
• That the sponsor meets the financial requirements as described in the immigration rules

What Are The Eligibility Criteria For A Spouse Visa?

The Eligibility Criteria For A Spouse Visa Is As Follows:

• The Sponsor, Which Is A Term Referring To A British Citizen Or “Settled” Person Inviting Someone To The UK, Must Be Resident In The UK Or Intending To Become Resident At The Same Time As Making The Spouse Visa Application. Somebody Who Is Settled In The UK Will Have ILR Or Protected Status, Such As A Refugee.

• You Must Be In A Genuine And Subsisting Relationship. You Will Need To Be Able To Evidence This, Documentation Will Be Required. It Is Not Mandatory For You To Have Lived Together For 2 Years, But If You Have Lived Together For Any Duration Of Time, You Should Provide Utility Bills As Evidence

• Have Good English Language Skills (May Need To Be Proven Depending On Your Country Of Origin)

• Be Able To Financially Support Both Yourself And Your Dependants (Will Require Proof Of Finances)

If you can meet these criteria, then you should have a very strong application – it is also possible to apply even if all these conditions have not been met.

Documents Required For A Spouse Visa

As you may expect, for a visa that comes with rather generous terms, you will be expected to provide a lot of documentary evidence. Most of this documentary evidence will be linked to the relationship and will be used as a way of testing how genuine the relationship is. The UK has historically had problems with so-called “sham marriages”, which resulted in the rules being significantly tightened for visas involving relationships/marriages. As a result of this, you will be expected to produce a substantial amount of paperwork.

As well as paperwork pertaining to your relationship, you will also need to provide identifying information (such as passports), as well as documentation relating to your criminal past (if any), your financial situation and, depending on your specific situation, your health.

Below is a spouse visa list of documents you will need to provide;

• Proof of relationship
• Your full name.
• Your date of birth
• Proof of English language requirements for a spouse visa
• UK visa application form. For the spouse visa, you will need to submit the form VAF4A.
• Previous passports.
• Valid passport with at least an empty page in order to be able to affix visa.
• Two passport-sized colour photos that are in line with the requirements set by the UK.
• Proof of financial means.
• Details of any previous immigration applications, if any.
• Certificate of a criminal record.
• Your national insurance number, if any.
• Date of birth and nationality of parents if your application is done from outside the UK.
• Proof of accommodation.
• Biometric information. (Fingerprints and a digital photograph).
• Proof of spouse visa fees payment.

Financial Requirement For A Spouse Visa

To bring your spouse to the UK, you must be able to prove you can look after them during their stay. You need to be earning above a certain threshold to prove they will not be a burden on the state whilst in the country.

It is important to note, however, that you will be exempt from the financial requirement if you are in the UK as a refugee, or under humanitarian protection. However, you will still need to show that you earn a minimum gross salary/wage; the amount will depend on who you are applying for.

If you are applying for your spouse alone, you will need to show that you earn a minimum gross annual income of £18,600.

If you are applying for your spouse and one child, the financial requirement is £22,400 gross per year.

For every additional child (in addition to the point above) you will need to add £2,400 for each child to the £22,400 gross per year.

Please note that maintenance funds will be taken into consideration in line with the source of the funds in question. Only the sources listed below will be considered:

• Income of the partner from specified employment or self-employment, which, in respect of a partner returning to the UK with the applicant, can include specified employment or self-employment overseas and in the UK, or a combination of both
• Pension of the applicant and/or partner
• Maternity allowances or bereavement benefit received by the partner in the UK
• Any other income and/or savings specified by the applicant and/or partner

Please note, exemptions from meeting the financial requirement will be applicable if the sponsor is receiving income from any of the following sources:

• Disability living allowance
• Severe disablement allowance
• Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme
• Mobility Supplement, Constant Attendance Allowance, or War Disablement Pension under the War Pensions Scheme
• Police Injury Pension

• Industrial injury disablement benefit
• Attendance allowance
• Carers’ allowance

It is important to note, however, that in the event of a partner qualifying for exemption in line with the above, the applicant will still need to show that they have enough funds to maintain themselves in the UK, as well as having adequate accommodation (while having no recourse to public funds), for further assistance, get in touch with our immigration lawyers.

Combining Your Income

For partners outside and inside of the UK applying for a spouse visa, you will have to make sure to meet with the minimum income requirement required for this application. If a spouse visa application is done from outside the UK, you cannot include your earnings but your savings can be used to contribute to the total income amount needed. On the other hand, if the spouse application is done within the UK, earnings can be contributed to the total amount needed.

Combining your earnings and savings to help you meet the income requirements can also be done including proof of financial support throughout the validity period of your visa. If you are not able to meet the financial requirement using one source of income, alternatively you can combine the following sources:

• Self-employment/employment income
• Pension
• Maternity, sickness, adoption or paternity pay
• Income from rent or shares
• Minimum cash savings of £16,000 for at least six months

English Language Requirements

The applicant would need to show that they have adequate knowledge of the English language. The following are the ways in which an applicant can meet the English language requirement:

• Being a citizen of a majority English speaking country
• Possess an educational degree from a higher educational institution in the United Kingdom
• Pass a UKVI recognized English Language test
• If the applicant is over 65 years old, they can be exempted
• Where the applicant suffers from a disability preventing them from meeting the English Language requirement
• If there are exceptional circumstances which prevent the applicant from being able to meet the requirement prior to entry to the UK

Fees For A Spouse Visa

The fee for making a Spouse Visa application is £1,523, which is subjet to regular change. The application and documentation will need to be completed and submitted online. You will also need to pay additional fees, such as the Immigration Health Surcharge (IHS), which is £400 per year per applicant and IHS may increase to approximately £600 per year in 2020. If you have used legal help, you will need to pay disbursements separately – we will advise you of the costs involved in using our service once we have taken detailed instructions and understand the strengths and weaknesses of your case.

You will need to pay the total upfront for your application to be processed – the prices quoted only cover standard fees. If you are looking to have your application processed faster, you will need to use a premium service, which adds further additional costs.

Below are other requirement costs needed in the spouse visa application:

What Is The Processing Time For A Spouse Visa?

For spouse visa processing time, you should be able to get a decision within 12 weeks of attending your appointment at the visa application center. How fast the processing of your visa will be depending on what country you are applying from. You can check with your visa application center.

Spouse Visa Renewal And Extension

If you have been last granted leave as a spouse of a British citizen or a person present and settled in the UK (or a refugee), you should be able to apply for a renewal or extension as the case may be – provided you are still married to your visa sponsor and continue to meet the other immigration requirements.

Please note that if your spousal application was granted prior to 09 June 2012, your extension application will be considered in line with Appendix FM of the Immigration Rules.

It is also important to note that Spouse Visa applications, which are considered under Appendix FM (as mentioned above), would be subject to meeting the financial requirements, which involves showing an annual income of at least £18,600 before tax.

Entry Clearance For A Spouse Visa

The immigration rules allow the spouse of a person present and settled in the UK to apply for Entry Clearance as a spouse. The definitions of a person present and settled in the UK also include persons who have been granted settlement at the same time as the applicant.

The following are the requirements for Entry Clearance as a spouse:

• The applicant must be outside the UK
• The application for entry clearance as a spouse must be a valid one
• Must not fall for refusal under any of the grounds in Section S-EC: Suitability-entry clearance; and
• The applicant must meet all the requirements of Section E-ECP: Eligibility for entry clearance as a partner.

Entry Clearance Applications Will Be Refused If:

• There is a directive from the Secretary of State that the exclusion of an applicant from the UK is conducive to the public good
• The applicant is subject to a deportation order as of the date of application
• The exclusion of the applicant from the UK has been deemed conducive to the public good as a result of the applicant’s conduct, character or association
• Without a reasonable excuse, the applicant failed to show up for a compulsory interview, provide specified information, undergo a medical examination or report when required to do so. It is immaterial whether the misrepresentation is intentional or known to the applicant or not
• It is undesirable to grant entry clearance for medical reasons
• The mandatory IHS surcharge, alongside other compulsory charges, have not been paid or have failed
• Failure to provide a requested maintenance and accommodation undertaking

Switching Into A Spouse Visa

Migrants currently in the United Kingdom with valid leave to remain or enter for a period of more than six months and are married to a British national, a person present and settled in the UK, or with refugee status or humanitarian protection, can apply to switch into a Spouse Visa from within the country.

One option is switching to a Spouse Visa wherein the proposed applicant is married to a citizen of the EEA. The benefit of switching into a Spouse Visa is that your case for remaining as a spouse may be stronger than your claim to extend your current visa. The Spouse Visa is one of the UK’s longer-lasting visas and is also extendable to cover the possibility of gaining ILR after 5 years.

The process is reasonably straightforward – like many other visa programmes, it is all down to eligibility.

The Main Areas Of Eligibility For Switching To A Spouse Visa Are:

• Evidence of a relationship
• Documentary evidence to support the financial requirements (please note that after August 2017 the Home office must take specific conditions in mind when it comes to the minimum income threshold)
• Adequate accommodation
• Good English language skills
• These are pretty common among the visa programmes in the UK and are designed to ensure that applicants are who they say they are. The UK is currently trying to reduce net migration and so is ensuring that every applicant is genuine.

Indefinite Leave To Remain (ILR) As A Spouse

If you have been granted a Spouse Visa under the Appendix FM, you will need to apply for ILR using the SET (M) application form; provided you have continually resided in the UK for 5 years under the Spouse Visa. Exemptions are applicable to individuals who are normally exempt from meeting such requirements under Appendix FM.

A person who was granted a Spouse Visa under the rules set in place before 9 July 2012 can apply for Indefinite Leave to Remain (ILR) using the SET (M) application upon completion of 2 years residence in the UK on a Spouse Visa. The applicant can submit the SET (M) application 28 days before completion of 2 years residence in the UK as a spouse.

Requirements For ILR Application As A Spouse

As a spouse applying for Indefinite Leave to Remain (ILR) as a spouse you will need to make sure to meet the requirements for this application, which are;

• Meet the English and Life in UK requirements.
• Proof of suitable accommodation
• You will need to meet the financial requirement
• Proof to show you have lived with your partner for 5 a period of 5 years or more
• You and your partner are still genuinely married

I’m Worried I May Not Have The Right Documents To Make An Application, Can You Help?

Absolutely!

We have a long history of helping applicants successfully move to the UK to live and work. Our process will help make your application run as smoothly as possible – we can do as much or as little of the work as you wish. Many people are happy to leave the process entirely in our hands, providing only what we ask for, while others prefer having more control. Our adaptable process ensures you are kept up to date and well informed throughout. If there are any application queries then we can also take care of them, allowing you to sit back and wait for your application to be processed, safe in the knowledge that it has been completed professionally and without mistake.

Is A Civil Partnership Treated The Same As A Marriage For A Spouse Visa?

Yes, as far as the Spouse Visa is concerned, there is no difference between a Civil Partnership and a marriage. The main concern is whether your relationship is genuine or not. You will be expected to provide significant amounts of evidence to prove this, therefore making it unimportant as to whether you are in a Civil Partnership or marriage.

Recent changes in the UK now allow for heterosexual couples to enter into a Civil Partnership as well. So, if you find a Civil Partnership to be more suitable to your relationship, do not be put off entering one on the grounds of your Spouse Visa application – it still satisfies the UKVI requirements.

UK Spouse Visa Lawyers

We have a team of professional immigration solicitors who specialize in assisting clients with Spouse Visa applications. Our Spouse Visa lawyers boast over 20 years’ worth of experience in Spouse Visa applications and will be more than happy to assist you.