Spouse – what are the criteria?

The spouse visa option is available to non-EU nationals who wish to join or accompany their civil partner, spouse or unmarried partner in the UK. A civil partner, spouse or unmarried partner of an EU citizen might also be able to apply under Appendix FM post 31 December 2020 depending on their specific circumstances.

Migrants are eligible to apply for Indefinite Leave to Remain (ILR) having resided in the UK for a continuous 5 years period under this visa route.

It is important to note that the applicant’s sponsor must be either a British citizen or settled in the UK, for example, if  they have been granted ILR or Settled Status under the EUSS.

Who can be considered as a ‘Partner’?

Under Appendix FM of the Immigration Rules, a ‘Partner’ can be defined as a fiancé(e), proposed civil partner, spouse, civil partner, unmarried partner or same sex partner of a British citizen or an ILR holder.

How long is a spouse visa granted for?

The initial leave to enter and remain is granted for up to 33 months in the case of an entry clearance submitted out of country, and it can be extended for another 30 months. Please note that there are no work restrictions on the spouse visa. When switching in-country, leave to remain is granted for 30 months.

What are the requirements of the spouse visa application?

Migrants have to meet the requirements listed below:

  • 18+ years old;
  • Genuine relationship- Marriage certificate or evidence of cohabitation to show that you have been living together for at least 2 years on the date of application;
  • Financial requirement- A minimum income threshold of £18,600 is required. Please note that the financial threshold will vary depending on your situation or if you are applying with dependent children.;
  • English language requirement- Level A1 in speaking and listening for entry clearance whilst Level A2 in speaking and listening for extension application;
  • TB test for entry clearance application (if applicable);
  • Accommodation in the UK – Land Registry or Tenancy Agreement etc.

Applicants will also need to show that they intend to live permanently with their partner in the UK.

For more information in relation to the specific financial requirement for spouse visa, please contact us.

Contact Our Immigration Team

For expert advice regarding any aspect of the spouse visa application, please contact our immigration team on 0203 384 3075. 

 

 

The content of this article is for general use and information only. Since each case should be prepared on its own merit and in light of the constant amendments to the Immigration Rules, it is important to note that the information provided must not be relied upon unless Migra & Co has either given written consent or has been officially engaged in relation to a specific immigration matter. As a result, Migra & Co will take no responsibility for any damage, cost or loss resulting from relying on the information contained in this article, blog and website.


We remain open for business and can arrange meetings by phone call or video conferencing to advise and assist with any UK immigration matters.
Click here for further information regarding COVID-19