Our specialist Immigration Team has recently been successful in securing a spouse visa for our client, a USA citizen. The client and her British spouse were long-distance for several years and decided to instruct us in making an application on their behalf to allow for the two to establish a life together in the UK. Our team worked diligently to ensure all necessary documentation was completed accurately and efficiently, leaving no room for errors or delays. As a result, the client received an expedited decision in under two months, despite having opted for the standard service.
This successful result proves the benefits of having reputable solicitors such as ours at LEXVISA who ensure the submission of high quality applications. Our commitment to providing personalised and comprehensive immigration services, coupled with our in-depth knowledge of UK immigration law, allows us to deliver outstanding results for our clients.
What is a UK Spouse Visa?
The spouse visa, falling under the umbrella category of Family visas, allows qualified foreign nationals to join and reside with their partner in the UK if their partner is a British citizen or has settled status, such as Indefinite Leave to Remain or EU Settled Status. Marriage to a British citizen does not automatically grant the right to live in the UK; the onus is on you as the applicant to apply for a Spouse Visa to reside in the UK with their Sponsor partner.
You must fulfil a set of eligibility criteria, explained in detail below. Where the visa is granted, it will initially be issued for up to 2 years and 9 months. Subsequently, it is possible to extend your stay and eventually obtain Indefinite Leave to Remain (“ILR”), permitting permanent residency in the UK which means you would no longer be under immigration control.
What are the Requirements for a Spouse Visa?
Genuine Relationship
To establish you are in a genuine and subsisting relationship, you must demonstrate this by meeting one of the following criteria:
- Being in a civil partnership or marriage legally recognised in the UK.
- Residing together in a relationship for a minimum of 2 years – with exceptions i.e. you cannot live together because you are long-distance or it is not culturally accepted.
- Intending to marry or form a civil partnership in the UK within 6 months of arrival.
If you are uncertain about meeting the genuine relationship requirements, consult one of our expert immigration solicitors who can verify your eligibility.
Finances
The spouse visa application requires both yourself and your UK-based partner to have a minimum gross annual income of £18,600. However, according to the latest update from the Home Office policy, this minimum income requirement will increase to £29,000 on 11 April 2024, then rise to £34,500, and eventually reach £38,700 by early 2025.
If you have children, additional amounts required are: £3,800 per year for the first child and £2,400 for each subsequent child.
Only certain sources of income will be considered. Therefore, consult with our specialist immigration team for advice as to the sources and which one you should rely upon within your application.
It is important to note, for the purpose of entry clearance, only the Sponsor’s income is counted towards the financial requirement. Where you are applying for an extension of your visa, both incomes/finances can be combined to make up the minimum income requirement.
Exemptions from meeting the financial requirement are available for sponsors receiving income from specific sources like disability living allowance, armed forces compensation, or certain pension schemes. If a sponsor qualifies for exemption, they won’t need to show they earn £18,600 or more. However, you would still need to demonstrate you hold sufficient funds to support yourself in the UK and have suitable accommodation without relying on public funds.
For further guidance, contact one of our leading London immigration solicitors who can provide personalised advice.
Adequate Accommodation
You would need to demonstrate that you possess appropriate accommodation in the UK, ensuring that it:
- Is either owned or exclusively occupied by yourself, your partner or their family members
- Provides adequate living space
- Complies with all relevant public health standards
Knowledge of English
As a partner or spouse visa applicant, proving your English proficiency is crucial. You can achieve this in three ways:
- Passing a Common European Framework of Reference for Languages (CEFR) English test at level A1 in speaking and writing from an approved testing center. For extension, achieving at least CEFR level A2 is required to demonstrate ongoing improvement.
- Holding a degree or academic qualification taught in English.
- Exemption applies if you are over 65, have a physical or mental condition preventing language proficiency, or come from specific countries listed, including the USA and Canada.
Route to Settlement
Initially, a Spouse Visa is granted for two and a half years, extendable for another two and a half years provided the Home Office requirements are met. Upon completing the extension period, applicants become eligible to apply for ILR, which should be done before the Spouse Visa expires.
The criteria for ILR under the five-year route for Spouse Visa holders include maintaining a genuine relationship, meeting financial requirements, having suitable accommodation, and fulfilling English and Life in the UK test requirements.
The Life in the UK test assesses knowledge of British life and customs, requiring a minimum score of 75% for a pass. Certain exemptions from this test apply, such as age factors or long-term physical or mental conditions. Passing the test provides a certificate supporting the ILR application.
Why Instruct Our Specialist Immigration Solicitors?
At DJF Solicitors, our team of specialist London immigration lawyers will always act in your best interest. We offer a client-tailored approach from the outset. From the very first meetings, we will be able to advise you in respect of your prospects of submitting a visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a visa application and are able to advise you in respect of your prospects and to ensure that you meet all the requirements of the relevant rules.
Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our expert London Immigration Team so we can assess your case and arrange your legal consultation to discuss your visa application.
Contact Us
For professional guidance and assistance with your application, contact our immigration solicitors on 02030110276 or complete our contact form.