Apply for a UK Spouse Visa | UK Spouse Visa

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The UK Spouse Visa allows you to bring your spouse/partner to the UK under the family immigration program. Since 9th July 2012, this has undergone a number of changes, which can be seen following the Statement of Changes.

To apply for the spouse immigration program, you will need to provide specified evidences at the date of application, as the burden of proof sits on the Applicant as well as their Sponsor to provide correct evidences that meet the published Immigration Rules Appendix FM.

UK Spouse Visa overview

The scheme allows you to either bring your spouse/partner to the UK or allow them to extend their stay in the UK, if they are in the UK already, for example, they hold a work or student program. 

Importantly, the case of MM (Lebanon) & Others v SSHD [2017] UKSC 10 and Agyarko & Ikuga v SSHD [2017] UKSC 11, which is a judgement served by the Supreme Court, provides the framework to the Home Office case-workers.  

As part of the application, consideration on the impact it has to family life of both the Applicant/Sponsor as well as their wider family members, sometimes including children under the ages of 18 years and this was the correction applied following the ruling of the Supreme Court judgement. 

We know that there are 2 parts when considering family life. The key element is that family life must exist and there must be respect provided by the public body. The next question is whether there can be justified interference in the interest of national security, public safety or the economic well-being of the UK by the public body. This part of the consideration is helped by the developed case laws.

We strive to be an integral part of our clients’ success by providing representation, services and strategic advice to achieve a favourable outcome on their legal matter. As part of our ways of working, we help to do the following:

• Listen & understand your personal circumstances and then use our legal industry-experience, to advise on how we would approach your program application. 
• Provide you with first class legal advice based on our expertise and an in-depth knowledge of the legal process, so when we provide you with directions, we make sure you have the most-updated information to avoid a refusal. 
• Our Lawyers have excellent understanding of the ever-changing processes, to ensure at the time of the submission, you are made aware of any impactable changes. 
• We meet the challenging immigration rules by ensuring all specified evidences are advised on and that our legal representation sets out the key areas of the application, to make sure these are considered at the date of decision. 

The following provides you a confirmation of key elements to the application:

1. The relationship being genuine & subsisting with the intention to live together permanently in the UK. For example, a couple, who currently lives outside of the UK intend to relocate to the UK, must ensure that the sponsoring partner must also consider to make the UK his/her principle home. Evidences related to the relationship are not being specified by the Immigration Act however reasonable evidences are required. 

2. English language requirements. Now the immigration policy related to this continues to change. We know that basic A1 level is required; however the extensions and following applications will require English language at a higher level. We know that a number of applications are simply refused due to the wrong tests being taken, test is out of date, and wrong test or location is chosen.

3. Financial adequacy or financial test is required to be met for the application. Now, exemptions can apply for the financial test, however this depends on what the sponsoring partner is currently relying on, and whether the financial adequacy can be met. There are a number of ways that the financial tests can be met. 

4. The final requirement is the adequate accommodation. It requires that a couple must have access to one room exclusive use, so you can remain at a family home or rent privately or it could mean that you own the property that the couple would reside together.

The application could also be refused on suitability of leave to enter or remain, which is similar to what is outlined under Part 9 of the Immigration Rules. 

Meeting the financial requirements

The Home Office strategy is to ensure that the public interest arguments are being met and that is to make sure, that you & your partner can support yourself in the UK without recourse to public funds.

Meeting the financial requirements is a critical part of your UK spouse visa application, and here are some of the ways you can meet the financial test:

• Employment.

• Self-employment.

• Business income. 

• Cash savings. 

• Investments and income from third party sources. 

• Third party sponsorship. For example, if you dont meet the financial requirements, then you may be able to rely on a third-party sponsor. 

The financial requirements requires both the applicant's & sponsor to demonstrate the following:

• £29,000. 
• There are no further requirements to meet if you have dependent children applying. 
• The financial requirements will change to £38,700. 

At the time of your application, all income must be derived from reliable source of income. All employment or self-employment income must come from working legally either in the UK or outside of the UK, without breaching any conditions set out. 

If you are in the UK, the applicant must have permission to work in the UK. Where your in the UK, your work conditions will set out the terms of your working rights. 

Paragraph 39E of the Immigration Rules sets out conditions in respect to a person in the UK.  

The financial requirements are key part to the application, and in most cases, this is an area where most applications fail. The case-work guidance does not allow any discretion or flexibility related to the financial threshold that is required to be met.

In all cases, this is being applied to ensure that the public interest strategy is being followed and that the sponsor are able to demonstrate that those either coming to the UK or extending their stay in the UK, meet the financial threshold. 

Transitional arrangements on the financial requirements

The immigration rules are in constant changes. Those who have applied prior to the changes applied on the 11th April 2024, must continue to meet the previous financial requirements. 

• £18,600. 
• £3,800 for a first child, who is not British, settled, or a European Economic Area (EEA) national.
• £2,400 amount is required for each additional child (who is not British, settled, or a European Economic Area (EEA) national).

How to apply for UK Spouse Visa?

If you & your partner are considering to apply for the family visa, then this must be applied online selecting the correct immigration form and you must have in hand, important documents to support your application. 

Here is a brief list but all applications are based on personal circumstances:

• At the time of the application, both you and your partner must be aged 18 years & over. 

• Able to meet the definition of a partner. 

• Demonstrate the intention to live together as partners in the UK. 

• Meet the financial requirements and will have adequate accommodation in the UK. 

If this is approved, you will get permission to live in the United Kingdom for 30 months. After 30 months, you have to renew the family residency permit, so that you can complete 5 years residency in the UK. 

ICS Legal are one of the most experienced and established firm dealing with immigration applications. We provide helpful guidance when you navigate through the complex immigration system for the UK. 

What does it cost to apply for the visa?

The Home Office fees are broken down into 3 parts, however for some regions, please expect to see some extra costs, for example currency and other processing costs:

• Home Office fees required to submit the application. Those fees do change often, and it also depends on the region you are making the application from. 

• Immigration Health Surcharge which is a tax by the UK Government and a contribution costs to the National Health Service (NHS). 

• Application Centre costs. This depends on the region. 

Grant of leave & applying for indefinite leave to remain

When an application is approved, this is granted for a period of 30 months. If you have applied from outside of the UK, this is usually granted for an additional 3 months period, so this is issued for a period of 33 months. 

The conditions and what is issued, more information can be found on the UKVI website by clicking here. 

Once you have extended your residency permit in the UK, and have completed the periods of 5 years, then you may be eligible to apply for indefinite leave to remain. In some instances, you may have to spend 10 years before you are eligible to apply for indefinite leave to remain. 

Renewal of your UK Spouse Visa

The initial grant is for a period of no more than 33 months, and prior to this is due to expire, you must extend your leave to remain in the UK. 

The renewal will allow the Home Office to assess and ensure that you & your partner continue to meet the requirements of the immigration rules. This is also to ensure the relationship remains genuine and that the intention to live together remains between the couple. 

The timing of your renewal application should be made within 28 days prior to the expiry date. However you may be able to apply earlier depending on when you entered the UK and the time you have spent in the UK. This is to make sure you meet the definition of continuous residency.  

Here are some of the requirements you would be expected to meet at the date of the application, however the threshold to meet the requirements, are always likely to change:

• At the date of renewing, both the applicant and sponsor, must ensure they are living together and are in a genuine relationship. To meet the requirements, you would be required to provide evidences to confirm this. In some cases, where the couple do not live together, exemption of evidences may apply.

• Demonstrate that you meet both the adequate accommodation requirements and that the financial test is being met. 

• Able to demonstrate that the applicant & sponsor intend to live together. Where the couple do not live together, exemption evidences are required to meet the threshold. 

• Meet the higher threshold of the English language requirements. This would demonstrate that the applicant is integrating their life in the UK. 

At the time of applying, you may be able to choose a priority service to have your application expedited. The service levels on the priority service depends on the service level you choose at the time of your application.

If you decide not to proceed but apply under the standard renewal processing time, then they are usually considered within 8-12 weeks. Once this is granted, it would be residency permit for a period of 30 months. 

Can I apply under EUSS Scheme?

The EEA Settlement Scheme is available only for EEA nationals who have been in the UK before the closing date of 31st Dec 2020. If you intend to come in the UK as a spouse of a settled person, or a person holding leave to remain under the EEA Settlement Scheme, you will be asked to apply under the immigration route. There are still some transitional arrangements available depending on either your circumstrances or that of your sponsor. 

How to make sure that the marriage outside of the UK is valid

Over the years, case laws as well as the UKVI policy guidance have been updated due to the continuous development, of what is deemed as valid marriage. We begin with the case of Awuku v Secretary of State for the Home Department [2016] EWCA Civ 1303 (06 December 2016). Sitting on the 6th of December 2016, Lord Justice Lloyd Jones, Lady Justice Gloster and Mr Justice Cranston provided a determination with a framework of what is considered as valid marriage. 

The above case law considered the existing framework set out in the case of Kareem [2014] UKUT 24. Proxy marriages as an example have been a continuous debate whether it is permitted. There are no established policy on this and has at times, confused Immigration Judges on this. 

Where to send the supporting documents?

The supporting documents are the most crucial part to your immigration application. When providing information on the application form, you will need to make sure those are then evident with the evidences. Exemptions of evidences may apply. 

Whilst the Home Office have set out a specified list of evidences, you will need to make sure documents related to your own personal circumstances are provided. The Home Office recognises that not all matters are the same, so there are flexbility applied. 

We have put together some evidence list but those are not an exhaustive list required. You must take professional legal advice when considering the types of evidences to supply to the Home Office to avoid a refusal: 

• Valid passport. These would include from the applicant's and the sponsor. 

• Evidence of your relationship, and this may include the marriage certificate. This is a critical part to your application and evidences depends on your own personal circumstances. 

• Evidence of meeting the financial requirement. These are set out in many forms, so if you are employed, then payslips and bank statements. If you are self-employed, then your tax return and tax bill. 

• Proof of meeting the English language requirement. The test certificate may be required. 

• Evidence related to the acommodation. 

Can you switch from a UK visit/tourist visa?

In most cases, the simple answer is no. However not all matters remain the same, and the Home Office will consider a person's personal circumstances before deciding on whether to grant a residency permit or not.

Usually, if those applications are refused, the Home Office decision notice will contain the full reasons and in most likely, a right to appeal is generated. The notice of decision will contain your right to challenge the decision and how soon you must lodge this. 

The 5 years route and 10 years route to settlement

When applying, & is granted, leave is granted for a period of 30 months, however you must check your decision letter to check the reasons why you have been granted under the 10 years route to settlement.

It may be possible for that to be legally challenged or a switch to the 5 years route could also be made. We advise prior embarking on this legal process, take specific legal advice by speaking to one of our Lawyers on 020 7237 3388 or email us at info@icslegal.com.

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Refusal & how to appeal the decision

Your right to appeal depends on a number of factors and the time to appeal against the decision depends on whether you have applied from the UK or outside of the UK. 

Following the Immigration Act 2014, the Home Office through public policy have restricted a person's right to appeal against the decision. The legislation then changed the following regulations: 

• Parts 5 and 6 of the Nationality, Immigration and Asylum Act 2002 (The 2002 Act) as amended.

• Immigration (European Economic Area) Regulations 2016.

In most cases, it is important that you draft your grounds of appeal to the First Tier Tribunal with both factual and also error in law to the decision making. 

ICS Legal are able to advise, help and lodge an appeal on your behalf. You can find more information on legal cases we have successfully challenged before the First Tier Tribunal and the Upper Tribunal. 

If your marriage or relationship have broken down

It is important to understand that the Home Office are the decision makers and are responsible of the issuing on residency permit. They also have the powers to cancel or curtail based on a change of circumstances. 

At ICS Legal, when we deal with those applications, or circumstances related to a relationship breakdown, we understand that the matter can be stressful to both parties and can become overwhelming. 

In both cases, whether you are the sponsored person or are the sponsor, the process of cancelling goes through a due process. Legally, an application must be made to the Home Office to inform of the breakdown of the relationship. This requires a formal statement as well declaration that the relationship have broken down. Evidences are then required to confirm the breakdown of the relationship. 

Speak to one of our UK Lawyers

ICS Legal are here to help, whether your applying for the first time or going through a renewal, our team have both the experience and dedication to help you move through the complex legal processes. 

We appreciate the diverse challenges we face from 'No Win No Fee firms and 100% success rates'.

ICS Legal are not in the business to provide such promises, after all we are not the Home Office. Our trust with you is based on conversation, in spite of everything and above all you are buying our expertise. Speaking to us will give you the comfort and satisfaction that we are the right migration partner for you.

Call us today on 0207 237 3388 or e-mail us your circumstances to info@icslegal.com when you. You are strongly advised to take legal advice prior to applying for a visa to the UK. This page is for information purposes only.