Experts in UK Spouse Visa / Partner Visa Applications
Do you need to apply for your spouse visa or partner visa application?
Spouse visa or entry clearance as a partner is to allow British nationals, settled persons or refugees to bring in their partners from overseas to the UK to live together.
This is a 5-year route to settlement and then British nationality. Nationality can be granted immediately after settlement if the partner is a British national, otherwise 1 year after settlement if migrant is not married to a British national.
We have highly Expert Immigration Solicitors, who can help you join your spouse or partner.
Requirements for Spouse Visa
- The couple should either be legally married or have been living together for at least 2 years as an unmarried couple.
- Both of them must be at least 18 years of age and intend to live together in the UK permanently.
- There should be a genuine and subsisting relationship.
- They must have met in person.
- The migrant must not have any criminal convictions or suitability issues.
- They must be free to marry. Previous marriages or relationships should have ended.
- Earnings of sponsor is required to be at least £18600 per annum.
- The migrant should have passed an English Test, Life Skills level A1 of the European Framework.
- There should be suitable accommodation for the migrating partner.
Can Children from Previous Marriage Get Visa?
In cases where the migrant has children from a previous relationship, the children will be allowed to accompany the migrant to settle in the UK. They can even apply later.
Spouse Visa Solicitor Help
Applications for spouse visas have some of the highest refusal rates across all visa categories. With so much at risk, it is crucial that the visa application is prepared by professionals with deep understanding of the visa requirements and thorough experience dealing with spouse visa cases.
At Salam Immigration, our team of lawyers meticulously prepare all visa applications and have the highest success rate for Spouse visas. To speak a lawyer, just give us a call.
Frequently Asked Questions
How much is the fee for spouse visa?
Application fee is £1523, Immigration health surcharge is £1200. In case of priority service an additional fee of £500.
What is the length of the visa? Extension? Settlement?
It is for 30 months initially and then 30 months for extension. Settlement in 5 years.
English language requirements?
- For Initial grant Level A1 of the European Framework.
- For Extension Level A2.
- For Settlement Level B1 and Lie in the UK Test.
How long it takes to get the visa?
Standard time is 12 weeks, priority service can be 2 weeks.
What if my application is refused?
There is a right of appeal to the First-tier Tribunal in the UK which can be decided on papers or through attendance of the sponsor and/or legal representative at the Tribunal.
Can I be away from the UK during the 5 years, allowed absences?
Yes. There is no maximum number of days of absences allowed but there should be a good reason for each absence. Generally this is for holidays and family visits but sometimes a long absence like due to pregnancy and child birth with family back home would be a good reason. Unfinished education or pending work commitments are also acceptable.
How do we prove intention to live together permanently in the UK?
By actually living together during the probation period and there being nothing to suggest that there is no intention to live together.
Do I have to live with the British sponsor all the 5 years.
Yes. The 5 years is a probation period for living together in the UK, however explainable absences are allowed. If the marriage breaks down the visa can be curtailed, even if there is no divorce.
What if my relationship or marriage ends after I come to the UK?
You should inform the Home Office and they would issue a notice of curtailment of visa allowing 60 days only, during which you may make another application. In cases where there are no children from the relationship, the migrant may have limited scope of further leave to be granted.
If the relationship ends as a result of domestic abuse then the migrant is able to make an application for indefinite leave to remain straight away without completing 5 years.
How many months of employment is required?
6 months if paid a minimum of £1550 monthly from the same employer, if the employment is not with the same employer for 6 months then you can rely on last 12 months wages. If 6 months wages are not at least £1550 per month, there being fluctuation then you can rely on last 12 months wages which must not be less than £18600 in total.
For earnings, can we include overtime & commission?
Wages include commission, bonus or overtime however for relying on 6 months income for projecting annual earnings only the average overtime will be included.
Can I rely on business or self-employed income?
Yes, this has to be earnings during the last full financial year, 6 April to 5 April. Tax returns, accounts’ report, accountants’ letter and bank statements.
What evidence is required for salary income?
6 months or 12 months wage slips; bank statements for the same period; employment letter and employment contract.
Is the £18600 figure gross pay or net after tax?
This is gross pay before tax.
What if I get salary and dividend from my own company?
This is allowed but additional evidence about such company’s earnings would be required such as tax returns, accounts’ report, accountants letter and bank statements.
Can I include rent or any other income?
Yes, the sponsor’s rental income, dividends, pension and other income can also be relied upon.
Can we include migrant’s earnings?
Only non-employment income, say rental income from property anywhere in the world, dividends, income from investments. Stocks and shares, bonds or trust funds, pension, royalty…..
Can I rely on savings instead of earnings
Yes. Instead of earning £18,600, you may rely on savings of £62,500, this can be combined savings of the couple, anywhere in the world but in bank accounts with minimum total balance of £62,500 throughout 6 months.
Exemptions from the earning requirements?
If the sponsor received disability living allowance or carers allowance and in some other situations, the financial requirement is met if the sponsor has earnings of at least £114.85 after taxes per week plus the amount equal to the housing and council tax costs.