The spouse or civil partner visa category allows partners of British citizens or those permanently settled in the UK to apply to join them or to extend their stay in order to stay together. This category is open to applicants from the United Kingdom and abroad. This route is typically taken by married couples or civil partners seeking to live together in the United Kingdom and results in settlement after five years in most cases.
VISA REQUIREMENTS FOR A SPOUSE OR CIVIL PARTNER
To be eligible for a Spouse or Civil Partner visa, both the applicant and their partner must be over the age of 18 and meet the following requirements. Spouse/Civil Partner must be British or have a permanent residence in the United Kingdom. Both parties have met in person, have been legally married or have entered into a civil partnership, and the relationship is genuine and continuing. Meets the financial requirements and will be self-sufficient in the UK without relying on public funds. Intend to live together in the long term and have suitable housing available Meet the CEFR level A1 for initial applications and A2 for extensions in terms of English language proficiency.
The financial requirement varies according to the number of financial dependents applying jointly. A partner application requires a minimum annual income of £18,600, plus an additional £3800 for the first child and £2400 for each subsequent child. The additional income requirement will apply only to children who are not British or settled in the UK. Financial requirements can be met in a variety of ways, including salaried or non-salaried income, company salary or dividends, self-employment income, rental income, pension income, or income from any investments, to name a few.
Additionally, if the cash savings have been held for more than six months and exceed £16,000, they may be used in part or entirely to meet the financial requirement. Additionally, applicants may combine certain types of income and/or savings in order to meet the financial requirement. This is an area where applicants must exercise extra caution, as failure to provide the required documents to demonstrate income continues to be one of the most frequently cited reasons for refusal under this route.
The applicants may rely on human rights grounds if they otherwise do not meet all requirements and can demonstrate that maintaining the relationship outside the UK would present significant difficulties. In certain circumstances, the Home Office may also consider third-party funding or support when determining whether the minimum income threshold has been met.
VISA EXTENSION & SETTLEMENT
Applicants are typically granted 30 months of initial leave if they apply from within the United Kingdom and 33 months if they apply from abroad. They will be able to extend their leave if they continue to meet the requirements and will be eligible to apply for settlement after five years in this category. Additionally, it is worth noting that if leave is granted based on human rights or for any other reason than meeting the requirements, applicants will be able to settle in the UK after ten years. If the spouse of a British citizen meets all other requirements, they may apply for British citizenship immediately following settlement. Holders of Spouse and Civil Partner visas have full rights to work, study, and conduct business in the United Kingdom.
FREQUENTLY ASKED QUESTIONS
Q: IS A SPOUSE VISA INTERVIEW REQUIRED?
A: An interview may be conducted over the phone if the applicant is abroad or in person if the applicant is in the UK. The interview is designed to test the relationship’s authenticity. We can help clients prepare for such interviews.
Q: HOW CAN I PROVE 2 YEARS OF COHABITATION?
A: Correspondence addressed to the applicant and sponsor individually or jointly over 2 years may be evidence. The documents can be bank statements, utility bills, mortgage statements, council tax bills, etc. The Home Office advises applicants to provide 6 pieces of correspondence in joint names and 12 pieces in sole names.
Q: IS A SHARED APARTMENT WITH RELATIVES OR FRIENDS SUFFICIENT?
A: Providing the shared accommodation is adequate and does not violate public health regulations, it is possible to meet the accommodation requirement. The applicants must show proof of residency. If you are unsure about the supporting evidence, you should consult a lawyer.
Q: HOW LONG DOES IT TAKE FOR MY SPOUSE TO GET A VISA? A: You must meet financial requirements only when making an initial application, extending your visa, or applying for settlement. So long as you meet the requirements at the time of extension, it doesn’t matter if your circumstances change. In some cases, you need to show 12 months of income rather than 6.