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Spouse Visa Applications

Spouse Visa

The UK Spouse Visa allows married partners of British or Irish citizens, individuals settled in the UK, those with pre-settled status, Turkish Businessperson or Worker visa holders, and those with refugee status or humanitarian protection to join or stay with their spouse in the UK. You can apply even if your spouse is outside the UK but intends to return with you.

Pathway to Settlement

The Spouse Visa can lead to indefinite leave to remain (ILR) or settlement in the UK after five years.

Qualification Criteria

To qualify for a UK Spouse Visa, you must meet these requirements:

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  1. Your partner is a British or Irish citizen, settled in the UK, has pre-settled status, holds a Turkish Businessperson or Worker visa, or has refugee status/humanitarian protection.

  2. Both you and your partner are over 18.

  3. You and your partner are not closely related as defined by law.

  4. You have met in person.

  5. You are legally married in a marriage recognized in the UK.

  6. Your relationship is genuine and ongoing.

  7. You intend to live together permanently in the UK.

  8. Any previous relationships have ended permanently.

  9. You meet the financial requirements.

  10. You have adequate accommodation.

  11. You speak and understand English to the required level.

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Exact requirements may vary depending on your circumstances. Consulting an immigration lawyer is advisable.

Status of Sponsoring Partner

Your partner must be:

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  • A British or Irish citizen in the UK or returning with you.

  • Holding indefinite leave to remain, settled status, or permanent residence in the UK.

  • Holding pre-settled status under Appendix EU.

  • Holding limited leave to remain as a Turkish Businessperson or Worker under Appendix ECAA.

  • Holding refugee leave or humanitarian protection status.

 

Both Partners must be over 18.

Relationship Requirements

You must demonstrate:

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  • No prohibited degree of relationship. (You and your spouse must not be closely related as defined by the Marriage Act 1949 and the Marriage (Prohibited Degrees of Relationship) Act 1986.)

  • You have met in person.

  • You are legally married.

  • The relationship is genuine and ongoing.

  • You intend to live together permanently in the UK.

  • Any previous relationships have ended permanently.

UK Marriage

UK marriages must be monogamous and comply with relevant marriage acts. The marriage must be conducted by an authorized person, and both parties must meet the minimum age requirements.

Overseas Marriage

An overseas marriage will be recognized if it complies with the laws of the country where it took place and there are no legal impediments from either partner's country of domicile.

Genuine and Subsisting Relationship

Evidence must be provided to prove the genuineness and ongoing nature of the relationship. Factors considered include cohabitation, financial interdependence, and plans for the future. You must demonstrate a commitment to living together in the UK. Absences from the UK should be limited and justified.

Previous Relationship Status

Evidence is required to show that any previous marriage has legally ended. If not legally dissolved, an Unmarried Partner Visa might be an option.

Financial Requirement

You must show that you can be maintained without public funds. The gross annual income required is at least £29,000. Various income sources can be used to meet this requirement, including employment, non-employment income, cash savings, and pensions. The financial requirement must be met at each stage of the visa process.

Other Requirements

  • You must provide evidence of adequate accommodation in the UK.

  • You must demonstrate English proficiency, typically at CEFR level A1 for initial applications and A2 for further leave to remain. Exemptions apply based on age, disability, or exceptional circumstances.

  • Sufficient documentary evidence is critical. Immigration rules specify the required documents, and professional advice can ensure compliance.

Application Fees & Processing Times 

  • The fee for a Spouse Visa application submitted outside the UK is £1,846, and £1,048 for applications made within the UK. Additional fees apply for priority services.

  • Processing times vary, with standard applications taking up to 24 weeks and priority services offering faster decisions. In-country applications generally take up to 8 weeks.

Duration and Extension

A Spouse Visa is initially granted for 30-33 months. Extensions are required before expiry, and after 5 years, you may apply for indefinite leave to remain.

Switching to a Spouse Visa

You can switch to a Spouse Visa from within the UK unless you are a visitor or have leave granted for 6 months or less. Exceptions apply for certain categories, such as fiancées.

Work Rights

Spouse Visa holders can work in the UK.

ILR

After 5 years, you may apply for ILR, provided you meet all ongoing requirements, including continuous residence and higher English proficiency.

How Can We Help?

We, at Pinnacle Immigration regularly work with foreign Spouse and Partner matters. We have made hundreds of successful applications; contact us for expert advice, extenuating circumstances, appeals and applications. Get in touch today with one of the options below!

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