If you’re planning to join your spouse in the UK or bring your spouse to live with you, you’ll need to apply for a UK Spouse Visa. This visa allows individuals who are married to British citizens or permanent residents to live and work in the UK.
In this comprehensive guide, we’ll walk you through the step-by-step process of applying for a UK Spouse Visa in 2024, helping you meet all the requirements and avoid common pitfalls.
What is a UK Spouse Visa?
A UK Spouse Visa, officially known as a Family of a Settled Person Visa, allows non-UK nationals to join their British or settled spouse in the UK. This visa grants the holder the right to live, work, and study in the UK and provides a pathway to permanent settlement (Indefinite Leave to Remain) after five years.
UK Fiance Visa
If you are not yet married but plan to marry your British or settled partner in the UK, you can apply for a Fiance Visa UK. This visa allows you to enter the UK for six months with the purpose of getting married. However, you cannot work on a Fiance Visa. Once you are married, you can switch to a Spouse Visa from within the UK. The eligibility criteria are similar to those for a Spouse Visa, including financial and accommodation requirements, as well as proving that your relationship is genuine.
Who Can Apply for a UK Spouse Visa?
To be eligible for a UK Spouse Visa, you must meet specific criteria:
- Relationship: You must be married to or in a civil partnership with a British citizen, someone settled in the UK, or someone with refugee status or humanitarian protection in the UK. Your marriage or civil partnership must be legally recognized in the UK.
- Age: Both you and your spouse must be at least 18 years old.
- Financial Requirements: You and your spouse must meet specific financial requirements, which will be detailed below.
- Genuine Relationship: You must provide evidence to prove that your relationship is genuine and that you intend to live together permanently.
- Accommodation: You must demonstrate that you have suitable accommodation for you and your spouse in the UK.
- English Language Requirement: You must meet the minimum English language proficiency requirement unless exempt for specific reasons (e.g. if you’re from a majority English-speaking country).
Step-by-Step Process for Applying for a UK Spouse Visa in 2024
Step 1: Check Eligibility
Before starting the application process, ensure that you meet all the eligibility criteria mentioned above. You will need to gather documentation that supports your claims, such as proof of your marriage, finances, and accommodation.
Step 2: Gather Documentation
Gathering the right documents is crucial for a successful visa application. The documentation required includes:
- Marriage Certificate: Proof of your legal marriage or civil partnership.
- Passport or Travel Documents: For both you and your spouse.
- Proof of Income: Bank statements, payslips, or proof of self-employment to meet the financial requirements.
- Proof of Accommodation: Documents showing you have suitable housing in the UK.
- Proof of Relationship: Photos, communication logs (emails, messages), and joint financial commitments (e.g., a joint bank account).
- English Language Test Results: If applicable, you need to pass an approved English language test or provide proof of exemption.
Step 3: Financial Requirements
The financial requirement is one of the most critical parts of the UK Spouse Visa application. You and your spouse must demonstrate that you can support yourselves without relying on public funds. The minimum income threshold is as follows:
- £18,600 per year: If you are applying without children.
- £22,400 per year: If you are applying with one child.
- An additional £2,400 per year for each additional child.
Your spouse can meet this requirement through employment, self-employment, or savings. If you’re using savings to meet the requirement, you need a minimum of £62,500 in savings, held for at least six months.
Step 4: Meet the English Language Requirement
Applicants must prove they can speak and understand English. This can be done by passing an approved English language test at A1 level or higher (for the initial visa). If you’re from an English-speaking country or hold a degree taught in English, you may be exempt from this requirement.
Step 5: Complete the Online Application
To apply for the UK Spouse Visa, you must complete an online application form on the UK Visas and Immigration (UKVI) website. After completing the form, you will need to pay the application fee, which is £1,538 if you are applying from outside the UK and £1,048 if you are applying from within the UK.
You must also pay the Immigration Health Surcharge (IHS), which is currently £624 per year. This surcharge gives you access to the National Health Service (NHS) in the UK.
Step 6: Attend a Biometrics Appointment
Once you’ve submitted your application and paid the fees, you’ll be required to book and attend a biometric appointment. At this appointment, your fingerprints and photographs will be taken, and you will submit your supporting documents.
Step 7: Wait for the Decision
The UKVI processing time for a UK Spouse Visa can vary, but typically it takes around 12 weeks. In some cases, you may be able to pay for expedited service to get a faster decision.
Step 8: Receive Your Visa and Travel to the UK
If your application is successful, you will be issued a visa vignette in your passport, which allows you to enter the UK. You will also receive a Biometric Residence Permit (BRP) after arriving in the UK, which you must collect within 10 days of your arrival. Your visa will initially be granted for 2.5 years.
Step 9: Apply for an Extension
After your initial 2.5-year visa expires, you must apply for a Spouse Visa extension (also known as Further Leave to Remain). This extension will last for another 2.5 years.
Step 10: Apply for Indefinite Leave to Remain (ILR)
Once you have lived in the UK for five years on a Spouse Visa, you can apply for Indefinite Leave to Remain (ILR). This will allow you to live permanently in the UK without any immigration restrictions. After holding ILR for 12 months, you can apply for British citizenship.
Financial Exemptions
In some cases, applicants may be exempt from meeting the minimum financial threshold. This applies if your spouse is receiving specific benefits, such as:
- Disability Living Allowance
- Carer’s Allowance
- Severe Disablement Allowance
In these situations, you must demonstrate that you have adequate financial means to support yourselves.
What Happens If Your Application Is Refused?
If your Spouse Visa application is refused, you will receive a letter explaining the reasons. You may have the option to appeal the decision or submit a new application with additional supporting documents. It’s essential to address any issues raised by the UKVI and seek professional advice if necessary.
Applying for a UK Spouse Visa can be a complex process, but by following these steps and ensuring you meet all the requirements, you can increase your chances of a successful application.