uk spouse settlement visa wazir solicitors

The UK spouse visa, also known as Marriage Visa in the UK, is a UK family visa, and it is the type of visa you will need if you want to enter and remain in the UK to live with a partner (spouse/fiance) for more than 6 months.

Eligibility for the UK Spouse Visa

To become eligible for the UK Spouse visa, the UK resident, and the applicant that wants to join them in the UK, both must fulfill some criteria set by the UK Visa & Immigration Authorities in the UK. The main condition for the Spouse visa is that both, the resident and the applicant must be over 18 since the British law does not recognize marriages under the age of 18.

    Your partner must also either:
  • be a British citizen
  • have settled in the UK - for example, they have indefinite leave to remain, settled status or proof of permanent residence
  • be from the EU, Switzerland, Norway, Iceland or Liechtenstein and have pre-settled status - they must have started living in the UK before 1 January 2021
  • have a Turkish Businessperson visa or Turkish Worker visa
  • have refugee status or humanitarian protection in the UK

You and your partner must intend to live together permanently in the UK after you apply.

The other eligibility criteria are as follows:

  • The person you want to join must be a British citizen
  • Your marriage or civil partnership must be recognized in the UK
  • Your relationship must be at least two years old when you apply (in case of living relationship
  • If you are a fiance you must show proof you will marry within 6 months
  • If you are a proposed civil partnership you must show proof that within 6 months, you will be entering into a civil partnership
  • The partner living in the UK must meet the financial requirement
  • The applicant must meet the English language requirements

Relationship Legitimacy

In order for you to be eligible for a UK Spouse Visa, your relationship must be recognized by the UK authorities. This is the first part of your application towards obtaining a UK visa.

If UKVI suspect on any point of time while consideration that the application is based on fake marriage or relationship just for visa benefits, they will refuse the visa applications automatically.

Recognition Terms of UK Family Visa

    Registered Marriages:
  • The applicant and the UK resident need to submit the marriage certificate issued by the government or other formal governments from other countries, as evidence of a registered marriage

  • Civil Partnership:
  • Civil Partnership is called the relationship between a same-sex couple. Though not recognized as a marriage, the Civil partnership couples have the same rights as married couples

  • Traditional Marriages:
  • Traditional marriages that are not registered are not legally recognized, therefore these relationships must be registered at Home Affairs

  • Fiancé, fiancée or proposed civil partner:
  • If you’re applying as a fiancé, fiancée or proposed civil partner, you will have to submit proof that your previous marriage(s) or civil partnership(s) have ended, if any. And also you will have to show proof that you plan to marry your partner within 6 months of arrival in the UK

Spouse Visa Document Checklist

The UK Spouse visa required documents that you will have to submit when you go to meet with the consular officer are the below listed:

  • UK visa application form. For the spouse visa you will need to submit the online application form
  • Valid passport with at least an empty page in order to be able to affix visa.
  • Your previous passport(s)
  • Two passport-sized color photos that are in line with the requirements set by the UK
  • Proof of English language requirement
  • Proof of financial means
  • Proof of relationship as photos of you two together, etc
  • Your full name
  • Your date of birth
  • Details of any previous immigration applications, if any
  • Certified Court Judgment of Criminal Case, if any
  • Your national insurance number, if any
  • Your parents’ date of birth and nationality if you’re applying from outside the UK
  • Proof of accommodation. You will need to present a document that shows where you will be accommodated while in the United Kingdom
  • Property/Accommodation inspection report by certified estate agent/valuer/architect
  • Biometric information. This includes giving your fingerprints and a digital photograph taken at the appropriate application center
  • Certified Copy of Court Order/Judgment of Divorce if previously married
  • Detail of Child, if any from previous marriage
  • Proof of paid spouse visa fees. You should submit the receipt that confirms you have paid the visa fee as required

The above are only basic documents. The supporting documents as proof vary from case to case as per facts of the each case

Minimum financial requirements for the Spouse Visa UK

If you are bringing your spouse to the UK you must prove that you both have a combined income of at least £18,600 a year.

This is the most important part of your application, that many fail to fulfill, therefore have their visas refused. The UK doesn’t want to bring people that are not capable of financially maintaining themselves, therefore they are requiring them to be able to earn a minimum amount of money.

Acceptable proof of financial requirements

The following sources of income can be counted in order for you to meet the UK Spouse Visa income requirements:

  • your salary, if you earn it in the UK
  • cash savings above £16,000
  • pension money
  • non-work income, i.e. property rentals or dividends

Acceptable documents as proof of financial requirements

In order to prove your income, you will have to submit proof, as:

  • bank statements of the partner already residing in the UK
  • 6 months of payslips
  • A letter from an employer which includes the job title, the period he/she has worked there, the current salary and also payslips
  • Form P-60 of the financial year end
  • Business Income Tax Return in case of self employed
  • Business Registration / License
  • Balance Sheet of accounting year by Certified Accountant
  • HMRC Tax Registration Letter

If bringing your children

If you are planning to bring to the UK your children who aren’t British nationals or EEA nationals, alongside with your partner, you will have to:

  • earn an extra £3,800 for your first child
  • earn an extra £2,400 for each child you have after your first child

If you cannot meet the minimum income requirement

You need to show you and your partner meet the minimum income requirement if you want to settle in 5 years as a partner.

If you do not meet the requirement, you may be able to settle in 10 years.

When you do not need to meet the income requirement

You may be able to settle in 5 years without meeting the minimum income requirement if either:

  • you’re applying as a parent
  • you get certain benefits, for example Disability Living Allowance or Carer’s Allowance

You need to show you and your family have enough money to adequately support and accommodate yourselves without relying on public funds. The caseworker considers your income and housing costs.

Language Requirements

One of the very important UK Spouse visa requirements is that of English language knowledge. When you submit your visa application, you shall also submit some document that proves your English knowledge:

You can prove your knowledge of the English language by:

  • submitting a document or academic qualification that was taught or researched in English, which is recognized by UK NARIC as being equivalent to a UK bachelor’s degree or higher
  • taking an approved English language test and passing it with at least a CEFR level A1 in speaking and listening

Who needs to provide proof of English language proficiency

Exempt from English knowledge requirement are the residents of the countries listed below:

  • Antigua and Barbuda
  • Australia
  • The Bahamas
  • Barbados
  • Belize
  • Canada
  • Dominica
  • Grenada
  • Guyana
  • Jamaica
  • New Zealand
  • St Kitts and Nevis
  • St Lucia
  • St Vincent and the Grenadines
  • Trinidad and Tobago
  • USA

And also applicants that belong to one of the categories listed below:

  • Children
  • Applicants over 65
  • Applicants coming to be cared for by a relative
  • Applicants with a physical or medical condition that prevents them from meeting the requirement

Spouse Settlement Visa

You will need to apply online if you are applying from outside of the UK. To begin your UK Spouse Settlement Visa you have to complete the online visa application form.

Whereas, if you are in the UK you have two choices. You can apply online, or by post. You can also apply at a premium service centre. In order to do so, you will have to fill in the form and book an appointment, or make an online application and book an appointment.

Spouse Visa Fee

The UK Spouse Visa fees depend on the way you apply. If you apply for a UK spouse visa from outside the UK to join your partner you will have to pay a fee of £1,523. Whereas if you apply for Spousal Visa in the UK online or by post the fee will cost to you £1033, and £1,833 if you apply in the UK in person with the premium service.

You will have to pay an extra £1,033 for each dependant if you apply outside the UK, £1033 if you apply in the UK online or by post and £1,833 if you apply in the UK in person with the premium service.

Please note that the visa fee are subject to change, so it is always advise to check the UKVI website for latest visa fee and other requisite information.

Healthcare surcharge

You might need to pay a healthcare surcharge (called the ‘immigration health surcharge’ or IHS) as part of your immigration application.

Whether you need to pay depends on the immigration status you’re applying for.

When you must pay

If you’re making your immigration application online, you pay the surcharge as part of your application or when you book an appointment.

If you’re applying by post, you pay the surcharge online before you send your application. You’ll need to include the IHS reference number on your application form.

How much you have to pay

You’ll have to pay:

  • £624 per year for all other visa and immigration applications, for example £3,120 for a 5-year visa
  • £470 per year for visa and immigration applicants who are under the age of 18 at time of application

Processing Period of UK Spouse Visa

To get a UK spouse visa it takes up to 12 weeks, or up to 8 weeks if you apply within the UK either online or by post. On the other hand, if you apply in person in UK then you will get an answer regarding your UK Spouse Settlement Visa, within a day

However, application processing might take longer if:

  • you do not meet the income requirement
  • cannot prove your English knowledge
  • need to attend an interview
  • have a criminal record
  • haven’t provided all of the required documents

Other Types of UK Family Visas

Besides the Spouse Visa, other types of UK Family visas include:

  • Parent visa
  • Child visa
  • Visa for a relative who will provide long-term care for you

For more information and detailed advise, you are welcome to write us at info@wazirsingh.com or call at +91 947 852 6909 or take appointment for in-person consultation.


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