We have seen in the early part of the year on the changes applied to the financial test for the UK spouse visa. Parliament’s House of Commons published report which can be found here https://commonslibrary.parliament.uk/research-briefings/sn06724/.
- The financial requirements for those applying as a new applicant is at £29,000.
- This is due to increase with the intent of the Home Office to do this in 2025, but this could change. There has been a number of legal petitions to ensure that financial requirements are not being increased.
What has changed in the UK spouse visa requirements
We know that the financial requirements have changed, as the UK Government argues that the income threshold is not sufficient.
I do find that someone to earn at £29,000 is quite unfair because various parts of the UK do not attract that salary threshold. It does appear that the Home Office is using this to deter those looking to bring family members from outside of the UK.
One of the key issues that the Home Office is failing to consider on whether the applicant coming to the UK is capable of working, and this is only considered when there is a child involved, which can be quite unfair itself.
Moving on, the relationship requirements have changed in its context. The burden of proof sits with the applicant and the sponsor. This means the following is required:
- Evidences of how the relationship started and is being maintained.
- If either party have been married, whether or not that relationship had broken down. For example, is there a divorce document issued.
- Unmarried partners, also those referred in durable relationship, must provide evidences that are official. This can be a joint bank statement showing their shared financial responsibilities
- In durable relationship, it must be akin to marriage, so the threshold of this is at higher state. The Home Office expects that a couple should be living together for a period of 2 years, however it can be accepted based on circumstances that they cannot live together.
The durable relationship application (including same-sex relationships) is quite complex in its nature and the Home Office in their immigration policies have primary documents they consider. Joint financial evidences, which can include mortgage, tenancy agreement and council tax bills are important in those applications.
Meeting the durable relationship requirements
Evidence required to meet the durability of the relationship.
- Evidence of photographs, statements from friends and families, including messages are not considered as valuable evidences.
- Electoral registration document including employment and study evidences are accepted by the Home Office to prove cohabitation.
The genuine and subsisting relationship test also applies to those who are legally married. Those who are also legally married, must demonstrate the intent of the relationship and cohabitation. Obviously this may not apply, if the parties are in two different countries.
Applying for the spouse visa
Once you have collected all the information and documents required for your spouse visa application, you can file the visa application online.
- You must have a valid email address and contact details, to ensure both the Home Office and Visa Centre can contact you about the visa application.
- The information you provide, be sure to ensure that those details are correct. Failing to provide correct details can be classed as misrepresentation and you can be banned up to 10 years.
- Be sure to read the questions correctly, as the series of questions will be dictated by your answers. On paper, it was much easier to spot the issues, but online visa applications are different.
- Check the form once completed by printing a copy of the visa form. You can make the form with any errors you believe may have happened. Do note, that visa forms do have automatic information based on previous answers.
- Once you are happy, you can file and pay for the visa fees online.
- The application is filed once the visa fees are paid and you will be able to book a visa appointment.
Submitting your documents for the spouse visa
The process of submitting documents to the Home Office depends on the region you are applying from. Whilst the Home Office allows the uploading of evidences, if you are applying from outside of the UK, we do recommend taking the documents on the date of the appointment, to have them scanned and uploaded.
- You can choose to pay a small fee to the Visa Centre to have the documents scanned and uploaded. This avoids any errors.
- There have been several visa refusals based on evidences not being available. You must appreciate once a document is uploaded, it may not be accessible.
Waiting on the Home Office decision
The visa processing time does depend on whether you have purchased a priority service or a standard service. As there has been an increase of priority service being purchased, most standard applications are being pushed into the queue.
If an application for a spouse visa is refused, what can be done next?
It is never a nice experience when a spouse visa application is refused, the Home Office will usually serve a letter explaining their reasons. The application that had been refused, will contain following details:
- The letter will explain the reasons why the spouse visa application refusal has happened and will make reference to evidences/statements made on the application.
- The date of service is important, so keep evidence of this. The right to appeal starts from that date.
- If you have applied in the UK, the right to appeal is for 14 days and applicant outside of the UK, will have a longer term of 28 days to file an appeal.
You need to understand the reasons of the refusal. If there was missing information or documents from you or your partner, then appealing the decision may not be a sensible approach.
Re-applying for the spouse visa is possible but do take legal advice before you do this. In some instances, you can appeal the decision and provide further information and documents to support your application.
- To file an appeal for a UK spouse visa, you will need to do this online.
- Home Office refusal letter will confirm the appeal form to use.
- The First Tier Tribunal is an independent judiciary body, which considers the immigration appeal. Any filing of legal grounds, witness statements, and evidences must be filed to the Tribunal.
Applying for a UK spouse visa – frequently asked questions (FAQ)
We aim to address some of the most frequently asked questions about applying for a UK spouse visa.
I hold a UK visit or tourist visa, can I apply for a spouse visa in the UK? You may be able to apply from the UK if there are exceptional and compelling circumstances. The Home Office will consider your application petition. By lodging your application from the UK in time before your visa expires is important.
UK spouse visa requirements? As an applicant, you and your partner (sponsor) must demonstrate that you have met and are in a genuine relationship. You must also show evidence of cohabitation is provided if that applies. English language requirements for the applicant are needed. The sponsor must show the financial requirements have been met, including adequate accommodation.
My sponsor receives benefits, can I still apply for a spouse visa? Yes, in some instances, the sponsor could be exempted from meeting the financial requirements. If your sponsor is employed and meets the financial test, if he/she receives further benefit award, that would not be an issue, as this is their entitlement.
I am part of the previous rules of £18,600, do I need to meet the new financial threshold? No, if you are part of the transitional arrangements, then you don’t need to. However, if your circumstances have changed, for example, there is a break of residency, then the new rules may apply. We would recommend that you take legal advice prior filing a spouse visa application.
UK Spouse visa fees? This does change quite often, and we recommend to check this to ensure you are aware of the latest fees by using the Home Office’s interactive platform – https://visa-fees.homeoffice.gov.uk/.
How do I apply for a UK spouse visa? This is done on the UKVI website. Please ensure you are not using any third-party websites. You can create an account and then file the application online.
How are the spouse visa fees paid? This is paid using a debit or credit card. It does not need to belong to the applicant, as long as the card holder provides authorisation.
What happens once you have paid the visa fees? Once paid, the online platform will allow you to book the visa appointment and then print off all the documents required.
Is the Home Office document checklist only documents required? No, this is to confirm the primary documents you must file. You should include any other evidences relevant to your spouse visa application.
What are the Home Office visa processing times on spouse visa? The Home Office does publishes information on visa decisions for outside of the UK here https://www.gov.uk/guidance/visa-processing-times-applications-outside-the-uk or inside the UK https://www.gov.uk/guidance/visa-processing-times-applications-inside-the-uk. To expediate an application, you can also pay a higher costs for priority.
How soon shall I apply for a spouse visa extension? The application should not be filed more than 28 days of your visa is due to expire. Applying soon could mean you need to complete further extension, which would obviously require you to pay standard Home Office fees.
About the author
ICS Legal are a regulated law firm in the UK and have been providing immigration & nationality advice for over 18 years. We are regulated by the Office of the Immigration Services Commissioner part of the Home Office. https://www.gov.uk/government/organisations/office-of-the-immigration-services-commissioner
