Family comes first, and yours should be no exception. You deserve the chance to live with your loved ones and your partner right here in the UK.
At Batley Law, we understand how important reuniting with your partner is to you, and we’re here to guide you through the UK Spouse Visa process. While the rules have become more complex over the years, you don’t have to face them alone. Let Batley Law simplify the journey, so you can focus on what truly matters—being together.
let us walk you through the process. You and your spouse deserve the best-informed guidance every step of the way. Get in touch with us today
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What is a UK Spouse Visa?
A UK Spouse Visa offers a pathway for individuals over 18 who are married or in a civil partnership with a British citizen and wish to build a life together in the UK.
If granted, the Spouse Visa allows you to enter and remain in the UK for the duration of your visa. You’ll also have the right to work, giving you the opportunity to contribute to your new life here. However, it’s important to note that there are restrictions on your ability to claim benefits.
Who can apply for a UK Spouse Visa?
You may be eligible to apply for a UK Spouse Visa if you meet the following criteria:
You are 18 years or older
You are married or in a civil partnership that is recognised in the UK (it’s always best to confirm this with an expert)
You are married to a British citizen or a UK-settled person, or you’ve been living together for at least 2 years and can provide proof of your relationship
What are the main requirements for a UK Spouse Visa?
When applying for a Spouse Visa, it’s essential to fully understand the details and requirements needed to bring your overseas partner to the UK. Navigating UK laws can be challenging, but that’s why we’re here to support you. However, there are a few key things we’ll need from you as well!
Below, we’ve provided a summary of the main requirements for a Spouse Visa application:
UK Spouse Visa
Relationship Requirement
UK Spouse Visa
Financial Requirement
UK Spouse Visa
Accommodation Requirement
What is the Spouse Visa Relationship Requirement?
Valid Marriage
For your application process, the fundamental document you’ll need is a valid marriage certificate or another official document. Your marriage must be legally recognised under UK law. Generally, if your marriage is lawful in the country where it took place, it will be accepted in the UK.
However, there are exceptions—such as marriages that would result in a polygamous relationship, which are not allowed under the UK Spouse Visa rules. Now, we wouldn’t want your application to be rejected due to any confusion or issues with legitimacy. That’s why we need your full cooperation to ensure everything is in order.
Genuine and Subsisting
You will also need to show that the relationship is genuine. This can be demonstrated by way of evidence such as photographs, evidence of contact between the couple etc. We can advise you of the evidence that can be produced to help satisfy this requirement.
What is the UK Spouse Visa Financial Requirement?
To support your application, you’ll need to demonstrate that you and your partner have sufficient funds to support yourselves without relying on public funds. If you’re wondering about the specifics of how to apply for a Spouse Visa using cash savings, you can find detailed guidance here.
For the ‘Sponsor’ (your UK-based partner), there is a requirement to have an income of at least £29,000 before tax. If you are bringing children to the UK, your partner will need to earn an additional £3,800 for the first child and £2,400 for each subsequent child.
We understand that the rules for providing evidence of financial support can be overwhelming and complex. And it is absolutely necessary to get the requirements right. If all required documents are not submitted, it could result in your visa being refused. That’s why our experts are here to offer clear and straightforward advice to guide you through this process.
Your income can be from various sources, including:
Wages from employment or self-employment
Savings that meet the required threshold (see our blog for more details)
Sick pay, maternity, paternity, or adoption pay
Other income such as rent payments or investments
Pension income from the UK
Navigating these requirements doesn’t have to be daunting.
Let us help you ensure that all your documentation is in order so you can focus on your future together.
What is the UK Spouse Visa Accommodation Requirement?
To meet this requirement, you need to show that there is adequate accommodation for you and your spouse when you arrive in the UK. If you own the property where you’ll be living together, you’ll need to provide proof of ownership. If you are renting, a copy of the tenancy agreement will be required.
If you currently live with a family member, you’ll need to provide proof of their property ownership and a signed document granting permission for you and your spouse to reside there. Additionally, we recommend submitting a property inspection report as part of your application. If you need help arranging a property inspection, our team is also here to assist you.
How long will my Spouse Visa Application take?
The processing time can vary depending on several factors. Some of these are within your control, like ensuring you meet all the necessary requirements and provide all the required documents. Missing documents can lead to delays, which is why it's crucial to get the right advice at the right time.
On average, you can expect a decision within 6-12 weeks. If you need a quicker response, there's an option to pay a premium for a decision within 2 weeks.
What happens if my Spouse Visa application is rejected?
If your Spouse Visa application is rejected, you do have the right to appeal. It’s important to seek advice on the reasons for the refusal so you can improve your chances of success during the appeal process.
We understand how disheartening and stressful a refusal can be. At Batley Law, our specialist team is here to guide you through this challenging time, handling your appeal with care and expertise. Reach out to us today, and let our experts support you through this complex process.
How long will my Spouse Visa Application take?
The processing time can vary depending on several factors. Some of these are within your control, like ensuring you meet all the necessary requirements and provide all the required documents. Missing documents can lead to delays, which is why it's crucial to get the right advice at the right time.
On average, you can expect a decision within 6-12 weeks. If you need a quicker response, there's an option to pay a premium for a decision within 2 weeks.
What happens if my Spouse Visa application is rejected?
If your Spouse Visa application is rejected, you do have the right to appeal. It’s important to seek advice on the reasons for the refusal so you can improve your chances of success during the appeal process.
We understand how disheartening and stressful a refusal can be. At Batley Law, our specialist team is here to guide you through this challenging time, handling your appeal with care and expertise. Reach out to us today, and let our experts support you through this complex process.
Spouse Visa English Language Test
As part of your application, you’ll need to show that you meet the English language requirement. Currently, this means demonstrating proficiency at Level A1 of the Common European Framework of Languages.
Your English qualification must be obtained through an approved Secure English Language Test (SELT) Provider.
However, there are a few exceptions where you may not need to meet this requirement:
If you are from a majority English-speaking country
If you are under 18 or over 65
If you have a long-term physical or mental condition
If you hold a degree from an institution where the course was taught in English
What happens if there is a shortfall in my income?
You may be able to use cash savings to cover any shortfall in income under certain circumstances, but there are specific rules to follow. The first £16,000 of your savings won’t be counted towards the income requirement, and generally, the Home Office expects that these funds have been held in the Sponsor’s account for at least 12 months.
What if the Sponsor for my Spouse Visa application is receiving benefits?
If your UK-based sponsor receives certain types of benefits listed in the Immigration Rules, the £18,600 financial requirement may not apply. If you feel this information isn’t comprehensive enough, you can dive deeper into how this works by exploring our blog post on Disability Living Allowance/Carers Allowance and the UK Spouse Visa.
We understand that these details can be a bit overwhelming, but we’re here to help you navigate these requirements and ensure everything is in order for your application.
What if I cannot meet the Spouse visa financial requirements?
We understand that many of our clients face challenges in meeting the financial requirements for a Spouse Visa. However, this doesn’t necessarily mean your application will be rejected.
If you’re in this situation, reach out to one of our Spouse Visa experts. We’ll review your circumstances and explore whether you might qualify for an exception based on your unique situation.
What documents do I need for a UK Spouse Visa?
A key part of the Spouse Visa process involves providing documents to the Home Office to support your application. You’ll need to submit various documents to strengthen your case.
If you’re applying for a Spouse Visa or planning to, and would like a copy of our comprehensive list of required documents, please reach out to us. We’ll be more than happy to send it to you at no cost.
Do I need to complete the Appendix 2 VAF4A form for a Spouse Visa?
You’ll need to complete this form if you’re submitting your visa application through the visa4uk website. However, for most new cases where applications are made via the gov.uk website, the Home Office typically doesn’t require a VAF4A form.
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