UK Spouse Settlement Visa

Get Legal Assistance for UK Spouse Settlement Visa Application from UK Immigration Solicitor in India

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

Eligibility for the UK Spouse Visa

To become eligible for the UK Spouse Visa, both the UK resident and the applicant who wants to join them in the UK must fulfil certain criteria set by the UK Visa & Immigration Authorities. The primary condition for the Spouse Visa is that both, the resident and the applicant, must be over 18 years of age, as British law does not recognise marriages under the age of 18.

Your partner must also either:
• be a British citizen
• have settled status 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 your application.

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 recognised in the UK
• Your relationship must be at least two years old when you apply (in the case of a living relationship)
• If you are a fiancé, you must provide proof that you will marry within 6 months
• If you are a proposed civil partner, you must show proof that you will enter into a civil partnership within 6 months
• 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 recognised by the UK authorities. This is the first part of your application for obtaining a UK visa.

If UKVI suspects at any point during the consideration process that the application is based on a fake marriage or relationship merely for visa benefits, they will automatically refuse the visa application.

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 refers to the relationship between a same-sex couple. Although not recognised as a marriage, civil partnership couples have the same rights as married couples.

Traditional Marriages:

Traditional marriages that are not registered are not legally recognised, therefore these relationships must be registered at Home Affairs.

Fiancé, fiancée or proposed civil partner:

If you are 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. You will also need to show proof that you plan to marry your partner within 6 months of arrival in the UK.

Spouse Visa Document Checklist

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

• UK visa application form. For the spouse visa, you will need to submit the online application form
• Valid passport with at least one empty page to affix the visa
• Your previous passport(s)
• Two passport-sized colour photos that meet the UK’s requirements
• Proof of English language requirement
• Proof of financial means
• Proof of relationship, such as photos of you together
• 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 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 a certified estate agent/valuer/architect
• Biometric information. This includes giving your fingerprints and a digital photograph at the appropriate application center
• Certified Copy of Court Order/Judgment of Divorce, if previously married
• Details of children, if any, from previous marriages
• 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 may vary from case to case depending on the facts of each situation.

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 per year.

This is the most crucial part of your application, and many applicants fail to meet this requirement, which leads to visa refusals. The UK government does not want to bring individuals who are incapable of financially supporting themselves, hence the requirement to earn a minimum income.

Acceptable Proof of Financial Requirements

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

• Your salary, if earned in the UK
• Cash savings above £16,000
• Pension income
• Non-work income, such as property rentals or dividends

Acceptable Documents as Proof of Financial Requirements

To prove your income, you will need to submit proof, such 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 the individual has worked there, their current salary, and payslips
• Form P-60 of the financial year-end
• Business Income Tax Return, if self-employed
• Business Registration / License
• Balance Sheet for the accounting year, prepared by a Certified Accountant
• HMRC Tax Registration Letter

If Bringing Your Children

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

• Earn an additional £3,800 for your first child
• Earn an additional £2,400 for each child after your first child

If You Cannot Meet the Minimum Income Requirement

You need to show that 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 of the following applies:

• You're applying as a parent
• You receive certain benefits, such as Disability Living Allowance or Carer’s Allowance

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

Language Requirements

One of the very important UK Spouse visa requirements is proficiency in the English language. When you submit your visa application, you must also submit a document that proves your English proficiency:

You can prove your knowledge of the English language by:

• Submitting an academic qualification that was taught or researched in English, which is recognised by UK NARIC as 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 the 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

Applicants who belong to one of the categories listed below are also exempt:

• Children
• Applicants over 65 years of age
• 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 the UK. To begin your UK Spouse Settlement Visa, you must complete the online visa application form.

If you are already in the UK, you have two options. You can apply online, by post, or at a premium service centre. To do so, you will need 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 method of application. If you apply for a UK spouse visa from outside the UK to join your partner, the fee will be £1,523. If you apply for a Spousal Visa in the UK online or by post, the fee will be £1,033, and £1,833 if you apply in person in the UK using the premium service.

You will need to pay an additional £1,033 for each dependant if applying from outside the UK, £1,033 if applying in the UK online or by post, and £1,833 if applying in the UK in person with the premium service.

Please note that visa fees are subject to change, so it is always advisable to check the UKVI website for the 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 the time of application

Processing Period of UK Spouse Visa

To obtain 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 the UK, you will get an answer regarding your UK Spouse Settlement Visa within a day.

However, the application processing may take longer if:

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

If you have further questions or need advice or legal assistance, feel free to Contact Us Alternatively, you are welcome to book an Appointment or send us an online Legal Query.

Consultation fee is applicable.

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