14 May Family members of British-EEA nationals
If a non-EEA citizen is the family member of a British-EEA national, he/she must apply for a spouse/ fiancé (e) visa rather than an EEA family permit in order to join his/her partner in the UK.
Migrant is able to apply for indefinite leave to remain (ILR) once he/she has resided 5 years continuously in the UK under the spouse visa scheme.
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 initially leave to enter/remain is granted for up to 33 months, and it can be extended for another 30 months. Please note that there are no work restrictions on the spouse visa.
The requirements of the spouse visa application
Migrants have to meet the requirements of the spouse visa application as below:
- 18+ years old
- Genuine relationship
- Financial requirement- A minimum income threshold of £18,600 is required
- English language requirement- Level A1 in speaking and listening
- TB test (if applicable)
- Accommodation in the UK
Applicants will also need to show that they intend to live permanently with their partner in the UK.
Please note that the financial threshold will vary depending on your situation or if you are applying with dependent children.
For more information in relation to the specific financial requirement for spouse visa, please contact us.
What kind of supporting documents should you provide as the evidence of your genuine relationship?
If the couple has been living apart for a lengthy period of time, or have never lived together, prior to submitting a spouse visa application, suitable evidence of a genuine and subsisting relationship could include but not limited, for example:
- Records of holidays taken together, such as airplane tickets, train tickets, hotel information etc;
- Evidence that the couple have kept in touch whilst apart; such as the screenshots of video calls, messages, phone calls etc;
- Evidence that the couple has met in person, such as photographs of the couple;
- Letters of support from friends and family;
- Evidence of any joint financial commitments;
- Any other formal documents linking the couple (invoices, memberships etc.).
If the couple has been living together prior to making an application, then in addition to the above, the Home Office would expect to see evidence of the cohabitation such as tenancy agreements, mortgage statements, joint name bank statements, utility bills etc.
Contact Our Immigration Team
For expert advice regarding any aspect of the spouse visa application, please contact our immigration team on 0203 384 3075 or complete our enquiry form below.