The UK Spouse visa category is for partners of British citizens or persons with indefinite leave to remain in the UK, who wish to join, or stay with, their husband or wife in the UK with the intention of permanent settlement in the UK. You can also apply for an Entry Clearance Spouse visa if your Spouse is outside the UK, but intending to return to the UK with you.
What is the UK Spouse Visa?
The UK Spouse visa category is for partners of British citizens or persons with indefinite leave to remain in the UK, who wish to join, or stay with, their husband or wife in the UK with the intention of permanent settlement in the UK. You can also apply for an Entry Clearance Spouse visa if your Spouse is outside the UK, but intending to return to the UK with you. You can also switch into the Spouse Visa category.
Requirements for a UK Spouse visa application
In order to qualify for a UK Spouse Visa you will need to satisfy UK Visas and Immigration (UKVI) that you meet the following requirements:
Financial Requirement for a UK Spouse visaIn order to demonstrate that you can be adequately maintained in the UK without recourse to public funds, you will need to satisfy the Financial Requirement.
Meeting the UK Spouse Visa Financial RequirementYou can meet the UK Spouse visa financial requirement through salaried and non-salaried income, self-employed income, salary and/or dividends from a company of which you are a Director, property rental income, dividends and income from investments, stocks, shares, bonds or trust funds, pension income, insurance payments, maintenance payments and cash savings above £16,000 that have been held for at least six months, unless you can demonstrate that they have come from the sale of property or investments within the last 6 months.
In some circumstances it is possible to rely on a combination of the above sources of income to satisfy the financial requirement.
UK Spouse Visa processing times
UK Visa & Immigration (UKVI) processes 95% of UK Spouse Visa applications within 12 weeks, however it may take longer where your application is particularly complex or where you have been previously refused a visa to the UK.
UK Spouse Visa application fee
The Home Office application fee for a UK Spouse visa application submitted outside the UK is currently £1,523. The Home Office application fee to switch into the Spouse category from within the UK or extend stay as a Spouse is currently £1,033.
UK Spouse Visa validity period and Settlement
If your application for a UK Spouse visa is successful, your visa will be valid for 33 months initially. If you apply for leave to remain in the UK as a Spouse then you will be granted leave valid for 30 months.
Can I work and study in the UK on a Spouse Visa?
Spouse Visa holders have a full right to work and study in the UK.
What if I do not meet all the requirements for a UK Spouse Visa?
If you are not able to satisfy certain of the requirements for a UK Spouse Visa, you may still be able to apply to join or remain with your partner under Article 8 ECHR on Human Rights grounds if you can demonstrate that there would be very significant difficulties in your relationship continuing outside the UK. These applications are decided on a discretionary basis and must be very well-prepared in order to persuade the Home Office to exercise its discretion in your favour.
Making a UK Spouse Visa application with OneLaw Chambers
At OneLaw Chambers, our immigration solicitors and barristers regularly assist with UK Spouse Visa applications in order for applicants to relocate to and settle in the UK with their British citizen or settled spouses. We have assisted many foreign national spouses to prepare and submit successful UK Spouse Visa applications and we have represented clients from all over the world.