One of the easy ways to migrate to the UK is through the UK spouse visa. Unlike other migration routes, you don’t need a job, business, or enrolment for further studies.
Does your spouse live in the UK?
Is your spouse studying or working in the UK?
If yes, you can apply for a UK spouse visa. A UK spouse visa is for non-UK residents aged 18 and above who are married to live in the UK (either for work or study). With this visa, you can migrate and join your partner in the UK. You can also work or study in the UK like every other person.
In this article, we will share everything you need about the UK spouse visa and how to apply.
Who Can Apply for a UK Spouse Visa?
Let’s clear this up before we delve further. The UK Spouse visa is not for everyone. Your guarantee of getting the UK spouse visa is if you are:
- Aged 18 years and above.
- Legally married to a British citizen or someone living in the UK (either for work or study).
- Or in a civil partnership that the UK government recognizes.
Getting a UK spouse visa is much more tricky for people still dating or engaged. Here’s what you can do if you fall under any of these categories. You can either prove that you have been living with your partner for at least two years or that you will get married within six months of migrating to the UK. With this visa option, you cannot work in the UK during your engagement.
READ: How to Migrate to the UK with a Start-Up Visa
Visa Duration
With the UK spouse visa, you can stay in the UK for two years and nine months, after which you will have to update or switch to a different visa. You can apply for an extension for an additional 30 months (2 years and five months). This would mean you’ve spent five years in the year.
After five years, you can apply for an Indefinite Leave to Remain. The only caveat is that you must still be married and living with your spouse throughout those five years. If you are ready for a 5-year commitment, don’t start what you can’t finish. You also have to meet the maintenance requirements for this visa. After getting indefinite leave to remain, you can apply for naturalization as a British citizen.
If you’re applying as a fiancé, fiancée, or proposed civil partner, you can only stay in the UK for six months. Now, you know why you must get married within six months of migrating to the UK. If you don’t get married within six months, your visa will expire, and you know what happens next. So, don’t try to play a fast one with this.
Requirements for a UK Spouse Visa
Before applying for the UK spouse visa, ensure you meet the eligibility requirements. To qualify, you must:
i. Submit all the required documents.
ii. Pass the Genuine Relationship Test.
iii. Meet the minimum income threshold and the financial requirement.
iv. Demonstrate your proficiency with the English language
v. Show proof of having suitable accommodation for you, your partner, and any dependents.
vi. Submit your tuberculosis (TB) test results showing you don’t have tuberculosis.
vii. Get your biometrics taken to get leave to remain
Let’s break it down for you.
READ: How to Migrate to the UK
Genuine Relationship Test
You must be wondering, “What’s the genuine relationship test? What does that even mean?”. Chill. We’ll tell you.
Anyone can claim to be dating, engaged, or married to someone based in the UK. And the UK embassy cannot outrightly tell if it’s a lie or the truth. After all, it would be their word against yours. So, they came up with this idea. If indeed you are in a civil partnership or marriage with a British citizen or someone living in the UK, you must prove it. In fact, this is the most important thing you must do to apply for and get a UK spouse visa.
There are different pieces of evidence you can send to the UK Home Office to prove your civic partnership or marriage. It’s a long list, so brace yourself. They include:
1. Your marriage certificate and photos.
2. Civic partnership certificate (if applicable).
3. Birth certificate showing evidence of any children you have together.
4. A bank statement from a shared/joint bank account or savings.
5. Evidence of shared expenses and utility bills.
6. Receipt of utility bills confirming that you live at the same address.
7. A joint mortgage or tenancy agreement. It could be either in the UK or outside the UK.
8. Council tax bills confirming that you live at the same address or pay bills together.
There’s more…
9. Photographs showing you have spent a lot of time together.
10. Text messages or social media chat logs between you and your partner.
11. Travel documents proving you have visited each other at least once before marriage.
12. A letter from your medical doctor or dentist confirming that you live at the same address.
13. A one-off bill of shared properties like home repair fees, appliances, or vet’s fees for your pet (s).
14. Letters confirming you and your partner are on the voting register for the same address.
15. Any documents which prove that you intend to live together in the UK.
16. If you were previously married to someone else, you must provide documents showing that your previous marriage or civil partnership has been dissolved.
Although you may only be asked to submit some of these documents, it’s best to keep all of them handy as the UK Home Office may insist on some specific ones. If you provide any or all of this evidence (depending on the instructions given), congratulations! You have successfully passed the genuine relationship test.
READ: How to Migrate to the UK with a Health and Care Worker Visa
Financial Requirements
Once you’ve crossed over the genuine relationship test, the next thing you have to sort out is the financial requirement. You must show that you have enough money to support yourself, your partner, and any dependents or children you may have. Remember, as an immigrant, you are not eligible for certain benefits like public funds. No one is going to give you free money. So, you have to show that you have the means to fend for yourself and your family comfortably.
The general rule of thumb is that the responsibility of providing proof of fund falls on the partner that is in the UK. If you are applying outside the UK, your spouse in the UK is considered your sponsor. So, he/she must show proof of having enough funds to sponsor your migration and stay in the UK. If you are already in the UK and applying to change or extend your visa, you and your partner will provide proof of funds.
Your sponsoring partner must earn at least £18,600 per year or more. If your partner cannot boast of such income, then he/she should have enough savings to sponsor your migration to the UK. Also, note that the minimum financial requirement increases if you migrate with your children or dependents. The more children or dependents, the higher your financial requirement.
- £3,800 for the first child included.
- £2,400 for each additional child.
Source of Income
The question now is, what sources of income does the UK government accept as proof of funds? We’ve divided the accepted sources of income into five broad categories. They are:
i. Salaried or non-salaried employment income
ii. Self-employed income
iii. Income as a Director from a UK company
iv. Cash savings
v. State or private pensions.
vi. Non-employment income like property rental, income from shares, or interest from savings.
For each accepted income source, there are laid down rules and required documentation. Also, there are some income sources you cannot mix and submit together. For example, do not mix self-employed and cash savings when submitting your financial documents.
Now we know the accepted proof of funds, let’s talk about the unaccepted ones. The following income sources are not accepted as valid proof of funds to apply for the UK spouse:
i. Financial support from third parties like your family or friends. For example, monetary gifts and child support are not accepted.
ii. Credit or other types of loans.
iii. Income-assessed benefits such as; housing benefits, jobseeker’s allowance, financial support, etc.
▪︎Child tax credit, universal credit, or other similar types of benefits
Any other income source not part of the five approved income sources.
READ: How to Migrate to the UK with a Skilled Worker Visa
Accommodation Requirement
The next requirement for the UK spouse visa is accommodation. You must demonstrate that there is adequate accommodation for you, your sponsor, and any children in the UK. Your accommodation documents should also prove that your residence meets the following criteria.
i. It could be a property owned or rented by you and your partner.
ii. You can stay with friends and family who have in a large house.
iii. The UK Housing Act 1985 states that the house must not be overcrowded. This will be determined by the number of rooms in the house compared to the number of people living there.
English Language Requirements
You must show proof of your English language proficiency to apply for the UK spouse visa. This may be a good time to take that IELTS exam you’ve been procrastinating on, as it will be helpful. Or you can get a document from your institution of higher learning to show that you were taught in English.
Finally, you must submit travel documents like your international passport and confirm you’re medically fit to travel by submitting your tuberculosis test results.
How to Apply for the UK Spouse Visa
Once you’ve met the abovementioned requirements, you can apply for your UK spouse visa. You can apply online through the UK Home Office website. How you apply depends on whether you are in the UK or outside the UK. However, here is a breakdown of the general application procedure:
1. Submit the online application form for the UK spouse visa.
2. Pay the visa application fee. You can apply for a fee waiver if you cannot afford the fee. However, terms and conditions apply.
You may get the waiver if you:
i. Have a low income.
ii. Don’t have a place to live in the UK and can’t afford one.
iii. Have a place to live but can’t afford basic living expenses like food, heating, and other utility bills.
3. Schedule an appointment to submit your documents and take your biometrics (fingerprints and photo).
4. Attend your physical visa appointment at a US embassy or consulate closest to you.
5. Submit all required documents and provide your biometric information.
6. Patiently wait for a response.
READ: How to Relocate to the UK with a Student Visa.
Applying with Your Children
As we said earlier, your UK spouse visa can also cover your children. You can also apply with your children if they are eligible to travel. To qualify, your children must:
▪︎Be under 18 years.
▪︎Must not be living independently. They should not live alone, work, get married, or have children.
Visa Processing Time
The time it takes to process your visa varies. It depends on where you are and the time you apply. Visa applications are congested during certain times of the year, which takes longer time to process. Sometimes, there are lesser applications and, thus, a faster turnaround time.
If you apply outside the UK, you can expect a response within 4-16 weeks. Applying within the UK means the visa application processing will take 8-12 weeks. Some countries have priority services that can reduce the time to 2-6 weeks.
Conclusion
With this detailed information, you are fully equipped to apply for a UK spouse visa. Now, note the requirements, get all your documents ready and start your visa application. In no time, you will be happily reunited with your spouse. If you need more guidance on how to apply for the visa, click here to schedule a call with our career advisors.