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Table of Contents
UK Spouse Visa Path to Settlement
A spouse visa lasts 30 or 33 months (about 3 years), depending on where you apply. You can extend it once and then apply for ILR after five years. ILR lets you stay in the UK without limits.
You need to pass a test, prove your English, and meet other criteria for citizenship. Here’s how you can find your path to settlement.
Application Process and Documents
Whether you apply from outside or inside the UK, the process for getting a UK spouse visa is similar. You must complete an online application form and then book an appointment to provide your biometric information and supporting documents.
If you are outside the UK, you can visit a visa application centre in your country of residence or a UK Visa and Citizenship Application Services (UKVCAS) centre. You can also pay for a priority or super-priority service to decide your application quickly.
The supporting documents that you need to submit for your UK spouse visa application include:
- Your current and previous passports or travel documents that show your travel history to the UK.
- Your marriage certificate or other evidence that you are legally married to your partner.
- Proof of your relationship with your partner, such as photos, messages, travel tickets, joint bank statements, joint tenancy agreements, or joint utility bills.
- Proof of your financial situation, such as pay slips, bank statements, tax returns, business accounts, savings, pensions, or benefits. If you have dependent children, you must show that you meet the minimum income requirement of £29,000 per year or more.
- Proof of your accommodation in the UK, such as a tenancy agreement, a mortgage statement, a letter from your landlord, or a council tax bill. You must show that you have enough space to live with your partner.
- Proof of your English language ability, such as an English language test certificate, an academic qualification certificate, or an exemption letter. According to the Common European Framework of Reference for Languages (CEFR), you must have a level A1 in speaking and listening.
- A tuberculosis test result if you are from a country where this is required.
- A criminal record certificate if you are from a country where this is required.
Depending on your situation, you may also need to submit other documents, such as divorce certificates, death certificates, parental consent letters, or custody orders. The official guidance provides a full list of documents you must submit for your UK spouse visa application.
Who Can Apply for A UK Spouse Visa from Outside
You can apply for a family visa to live with your family member in the UK. You can apply as a:
- spouse or partner
- fiancé, fiancée or proposed civil partner
- child
- parent
- relative who needs long-term care from you
You cannot apply for a family visa if your family member is in the UK on a work or student visa. You can apply as a dependent instead. If you plan to visit the UK for six months or less, you might need a Standard or Marriage Visitor visa instead.
How To Extend or Switch Your Family Visa
If you’re already in the UK on a family visa, you can apply to extend or switch your visa before it expires. It would be best if you still met the eligibility criteria for the family visa.
If you’re extending your stay with the same family member, you’ll only get up to 28 days left on your current stay added to your new visa.
You must live in the UK for a certain amount before applying for settlement (also known as ‘indefinite leave to remain’ or ‘permanent residency’). This means you can stay in the UK without any time limit or immigration restrictions. Check how much time you need to settle in the UK before you extend your visa.
If you’ve lived in the UK for many years already, you might be able to apply to stay based on your private life. Legend Consults can help you extend or switch to a UK spouse visa. Contact our professionals and get prompt support!
Financial Requirements Explained
The application fee for a family visa depends on who you’re joining and how you apply. You might also need to pay the healthcare surcharge as part of your application. This gives you access to the National Health Service (NHS) during your stay in the UK.
The table below shows the fees for applying for a family visa outside or inside the UK.
|
|
Apply outside the UK
|
Apply in the UK
|
|---|---|---|
|
Joining your partner, parent or child
|
£1,846
|
£1,258
|
|
Each dependent added to your application
|
£1,846 per person
|
£1,258 per person
|
|
An adult who needs to be cared for by a relative
|
£3,250 (or £404 if your relative has protection status)
|
£1,258 (or £1,258 if your relative has protection status)
|
Eligibility Criteria for Partner Visa
If you want to apply for a visa to join your partner or spouse in the UK, you and your partner must meet the following requirements:
- You must both be 18 or over.
- Your partner must be a British or Irish citizen, have settled or pre-settled status in the UK, have a Turkish Businessperson or Worker visa, or have protection or stateless status in the UK.
- You must intend to live together permanently in the UK after you apply.
- You must have a genuine and subsisting relationship with your partner. You can prove this by showing that you are married, in a civil partnership, or have lived together for at least two years. You can also apply as a fiancé, fiancée or proposed civil partner if you plan to marry or enter a civil partnership within six months of arriving in the UK.
- You must have a good knowledge of English unless you are exempt.
- You must meet the financial requirements unless you qualify for a fee waiver or an exemption.
- You must not have any immigration or criminal offences that could affect your eligibility.
If you do not meet some of these requirements, you may still be able to apply for a visa or extend your stay in the UK based on your child’s best interests, your human rights, or exceptional circumstances.
If your partner has settled or pre-settled status, you may be eligible to apply to the free EU Settlement Scheme instead of the partner visa.
How Long Can You Stay on a Partner Visa
If you apply from outside the UK, you can stay on a partner visa for two years and nine months. If you apply from inside the UK, you can stay for two years and six months. If you apply as a fiancé, fiancée or proposed civil partner, you can stay for six months and then apply to extend your stay after you marry or enter into a civil partnership.
If you want to continue living in the UK with your partner, you can apply to extend your stay before your visa expires. You must meet the same eligibility requirements as when you first applied.
You can apply to settle in the UK permanently (also known as indefinite leave to remain) after continuously living in the UK for five years on a partner visa. You must still be in a genuine and subsisting relationship with your partner and meet the other eligibility requirements.
Applying With Your Children
You can include your children as dependents on your partner visa application if they are under 18 when you apply or were under 18 when they first got leave and do not live independently. You must provide evidence of your relationship with your children and their dependency on you.
You and your partner must have enough money to support yourselves and your children without relying on public funds.
Life In the UK Test and English Language Requirements
If you want to apply for indefinite leave to remain (ILR) or British citizenship after living in the UK for five years on a spouse visa, you need to follow these steps:
- Take and pass the Life in the UK test. This test assesses your knowledge of British life and values. To prepare for the test, you need to study the official handbook. To book the test, you must go online and pay £50. You will have 45 minutes to answer 24 questions and need to get at least 18 correct. After the test, you will receive a pass letter that you need to keep as proof.
- Show your English language level. You need to demonstrate that you can communicate in English at level B1 or higher of the CEFR. You can do this in one of the following ways:
- Take an approved English test, such as IELTS or IELTS Life Skills, and achieve the required score.
- Have a degree that was taught in English and is recognized by UK NARIC.
- Be from a country where English is the main language.
- Have a disability that prevents you from learning English.
Frequently Asked Questions
The processing time for a UK spouse visa application depends on where you apply from and how you submit your documents. If you apply from outside the UK, it can take up to 12 weeks for a standard service or up to 6 weeks for a priority service. If you apply from inside the UK, a standard service can take up to 8 weeks or up to 5 days for a super-priority service.
To qualify for a UK spouse visa, you or your partner must have a minimum income of £18,600 per year or combining to be about £29,000 per year. This can be from employment, self-employment, pension, savings, or other sources. If you have children who are not British citizens, you need an additional £3,800 for your first child and £2,400 for each additional child.
To prove your knowledge of English, you must either have a degree that was taught or researched in English or pass an approved English language test at level A1 or higher. You may be exempt from this requirement if you are over 65, have a physical or mental condition that prevents you from taking the test, or are a national of a majority English-speaking country.
If you are married to a British citizen or someone with settled status, indefinite leave to remain, or permanent residency in the UK, you can apply for a UK spouse visa. This visa allows you to live and work in the UK as the partner of a person already settled there.
This article will explain the eligibility criteria, financial requirements, application process, documents, life in the UK test, English language requirements, and path to settlement for the UK spouse visa.
Final Words
A UK spouse visa allows you to join your partner, be a British citizen, or settle in the UK. You must meet the eligibility criteria, such as relationship, financial, and English language requirements, and provide the necessary documents and evidence. You can apply for a UK spouse visa from outside or inside the UK, depending on your circumstances. You can also include your children as dependents on your application if they meet the criteria.
