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A spouse visa UK also known as a marriage visa or a spouse/civil partner visa is a type of visa that allows the spouse or civil partner of a UK citizen or person with settled status in the UK to join their partner and live with them in the UK. It falls under the family immigration category and is intended for individuals who are in a genuine and recognized marriage or civil partnership with a UK resident.
The initial spouse visa is typically granted for a probationary period of 30 months (2.5 years). After this period, the applicant can apply for an extension for another 30 months. After completing a total of five years in the UK on a spouse visa, the applicant may become eligible for Indefinite Leave to Remain (ILR), which grants permanent residency in the UK.
At TMC Solicitors, we recognize how important it is for people to be able to stay with their families, and we strive to help them navigate the complex immigration system. Our team of experienced solicitors can provide tailored advice and support tailored to your individual needs. We're committed to providing a high-quality service that will keep you informed throughout the process. If you're looking for assistance with the immigration process so you can be with your loved ones. Contact us today for a assessment and let us help you reunite with your spouse in the UK.
What are the requirements for a spouse visa UK?
To be eligible for a spouse visa UK, also known as a marriage visa or spouse/civil partner visa, applicants must meet certain requirements set by the UK Visas and Immigration (UKVI). The requirements for a spouse visa UK include:
To be eligible for a spouse visa UK the applicant must meet certain requirements including:
Relationship Requirement: The applicant must be legally married to or in a civil partnership with a UK citizen or a person with settled status in the UK. Cohabitation or engagement is not sufficient a legal marriage or civil partnership must be established.
Genuine Relationship: The applicant must provide evidence that the relationship is genuine and subsisting. This can include documentation such as marriage certificates joint financial records photograph and correspondence.
Financial Requirement: The sponsoring partner must meet specific income and financial requirements to demonstrate that they can financially support the applicant without recourse to public funds. The income threshold and evidence required depend on various factors such as whether the couple has dependent children.
Accommodation Requirement: The couple must have suitable accommodation available in the UK and it must not be overcrowded or in breach of any legal requirements.
English language requirement: The applicant may need to demonstrate their English language proficiency by passing an approved English language test or by being exempted based on their nationality or educational background.
It's important to note that the requirements and application process for a spouse visa UK can be complex and subject to change. It is advisable to refer to the official UK government website or consult with an immigration professional for the most accurate and up-to-date information specific to your situation.
How can you apply for a spouse visa in the UK?
To apply for a spouse visa in the UK, also known as a marriage visa or spouse/civil partner visa, you need to follow the application process set by the UK Visas and Immigration (UKVI). Here is a general overview of the application process:
Check eligibility: Ensure that you meet the eligibility criteria for a spouse visa in the UK. This includes being married to or in a civil partnership with a UK citizen or a person with settled status in the UK, meeting the financial requirements, having suitable accommodation, and meeting the English language requirement if applicable.
Prepare supporting documents: Gather the required supporting documents to demonstrate your eligibility and provide evidence of your relationship. These documents may include:
- Valid passport or travel document
- Marriage certificate or civil partnership certificate
- Evidence of meeting the financial requirement, such as payslips, bank statements, or a job offer letter
- Evidence of suitable accommodation, such as a tenancy agreement or property ownership documents
- English language test results (if applicable)
- Proof of relationship, such as photographs, correspondence, joint financial records, and any other supporting evidence
Complete the online application form: Fill out the spouse visa application form online, which can be accessed on the UKVI website. Provide accurate and complete information, ensuring that you answer all the required questions.
Pay the application fee: Pay the required application fee, which can vary depending on your location and the type of application. The fee is typically paid online during the application process.
Submit the application and supporting documents: Attend the appointment at the VAC and submit your completed application form and supporting documents. Your biometric information will be collected at this stage as well.
Attend a decision interview: In some cases, you may be called for an interview to assess the genuineness of your relationship. The interview may be conducted at a later stage after you have submitted your application and supporting documents.
Collect your visa: If your application is approved, you will be issued a biometric residence permit (BRP) which serves as your spouse visa. You will need to collect your BRP from the designated location in the UK.
It's important to note that the application process and requirements can change, so it's advisable to refer to the official UK government website or consult with our TMC Solicitors law firm for the most accurate and up-to-date information regarding the application process for a spouse visa in the UK.
Can I extend my spouse’s visa?
Yes, it is possible to extend your spouse's visa to the UK. The spouse visa is initially granted for a probationary period of 30 months (2.5 years). Before the expiry of this period, you can apply to extend the spouse visa for a further period.
To be eligible for an extension of the spouse visa, you need to meet the following requirements:
Continued relationship: You must continue to be married to or in a civil partnership with your sponsoring partner who is a UK citizen or has settled status in the UK.
Financial requirement: You need to demonstrate that you meet the financial requirement, which includes meeting a minimum income threshold or demonstrating sufficient savings.
Accommodation requirement: You must continue to have suitable accommodation available in the UK.
English language requirement: If you were required to meet the English language requirement for the initial spouse visa, you will generally not need to meet it again when applying for an extension. However, there may be exceptions, so it's important to check the specific requirements.
Good character requirement: You must meet the good character requirement, which means you must not have a criminal record or any other factors that would make you fail the good character test.
It's important to start preparing for the extension application well in advance of the visa expiry date to ensure you have sufficient time to gather all the required documents and meet the eligibility criteria. The application process typically involves completing the relevant application form, paying the application fee, providing updated supporting documents, and attending an appointment at a Visa Application Centre to submit your application and biometric information.
Can you switch from a spouse visa UK?
Yes, it is possible to switch from a spouse visa to another visa category in the UK, provided you meet the eligibility requirements for the visa you wish to switch to. The ability to switch visa categories within the UK is known as "switching" or "changing" visa status.
The specific visa categories you can switch to will depend on your individual circumstances, qualifications, and the immigration rules in place at the time of your application. Some common visa categories that individuals often switch to from a spouse visa include:
Tier 2 (General) Work Visa: If you secure a job offer from a UK employer who is a licensed sponsor, you may be able to switch to a Tier 2 work visa. This category is for skilled workers and requires sponsorship from an employer.
Tier 4 Student Visa: If you wish to study in the UK, you may be able to switch to a Tier 4 student visa. This category is for individuals who have been offered a place on a recognized course at a licensed education institution.
Tier 1 Entrepreneur Visa: If you plan to start a business in the UK, you may be able to switch to a Tier 1 Entrepreneur visa. This category requires a minimum investment and evidence of a viable business plan.
Tier 1 Investor Visa: If you have a significant amount of investment funds available, you may be eligible to switch to a Tier 1 Investor visa. This category requires a substantial investment in the UK.
Other visa categories: Depending on your circumstances and qualifications, you may be eligible to switch to other visa categories such as the Tier 1 Global Talent visa, Innovator visa, Start-up visa, or other specialized visa categories.
When switching visa categories, it's important to review the specific eligibility criteria and requirements for the visa you wish to switch to. The application process typically involves completing the relevant application form, providing supporting documents, paying the application fee, and attending an appointment at a Visa Application Centre if required.
Why choose TMC Solicitors?
We understand how important it is for you to be with your loved ones, and we are dedicated to helping you navigate the complex immigration system. Our experienced team of immigration solicitors will work closely with you to understand your circumstances and provide you with tailored advice and support. We offer a range of services, including: - Spouse visa applications - Settlement applications - Visa extensions - Appeals and challenges for refused applications We pride ourselves on delivering a high-quality, client-focused service, and we are committed to keeping you informed and updated throughout the process. Don't let the stress and uncertainty of the immigration process keep you from being with your loved ones. Contact us today to book a assessment and let us help you achieve your immigration goals.
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