Immigrating to the UK through a spouse visa is a popular route for individuals who are married to, or in a civil partnership with, a British citizen or someone who has settled status (indefinite leave to remain, settled status under the EU Settlement Scheme, or refugee status). This comprehensive guide explains the process in detail, including eligibility requirements, financial obligations, sponsorship, and how to successfully apply for a UK spouse visa.
Eligibility for a Spouse Visa for Immigrants in the UK
To apply for a UK spouse visa, you and your spouse (or civil partner) must meet certain eligibility criteria, which includes
For the sponsor :
- Must be a British citizen, have settled status, or be in the UK with indefinite leave to remain.
- Must be able to financially support the foreign spouse without relying on public funds.
For the Foreign Spouse:
- Must be legally married or in a civil partnership with the sponsor, and the marriage must be recognized in the UK.
- Must have a genuine relationship with the sponsor (i.e., not for immigration purposes).
- Must meet the English language requirement unless exempt (usually for nationals of majority English-speaking countries or those with a recognized qualification taught in English).
- Must meet the financial requirement as specified by UK immigration rules.
Present Proof of Relationship such as :
- Photos of time spent together.
- Communication records (phone calls, emails, social media interactions).
- Documents showing shared financial responsibilities (e.g., joint bank accounts, utility bills).
- Evidence of living together.
Application Process for a Spouse Visa for Immigrants in the UK
The application process differs depending on whether the foreign spouse is applying from outside or within the UK. Applying from outside the UK :
- You will need to apply for a spouse visa from your home country via the UK Visas and Immigration (UKVI) website.
- Complete the online application form, pay the fee, and upload the necessary documents.
- After submitting the application, you will need to book an appointment at a Visa Application Centre (VAC) to provide biometrics (fingerprints and photographs) and submit supporting documents.
Applying from within the UK :
- If you are already in the UK on a valid visa (e.g., a student or work visa), you may be eligible to switch to a spouse visa by applying for leave to remain.
- You will submit your application through the UKVI online portal, pay the required fees, and provide your biometric data at a UK Visa and Citizenship Application Services (UKVCAS) center.
Visa Processing Time: The standard processing time for a spouse visa application is about 2-3 months, although priority services may speed this up.
Fees:
- Spouse visa application fee from outside the UK: £1,538.
- Spouse visa application fee from inside the UK: £1,048.
- Additional costs include the Immigration Health Surcharge (IHS), which is currently £624 per year for adults.
Necessary Documents Required for a Spouse Visa for Immigrants in the UK
Both the sponsor and the applicant must provide specific documents to support their claims. For the Sponsor :
- Proof of British citizenship or settled status: British passport, certificate of naturalization, or biometric residence permit (BRP).
- Proof of financial income: Employment contract, payslips for the past six months, or proof of savings.
- Proof of accommodation: A tenancy agreement or mortgage statement showing where you will live together in the UK.
For the Applicant (Foreign Spouse):
- Passport: A valid passport to enter and stay in the UK.
- Marriage or civil partnership certificate: Official documents proving the marriage or civil partnership.
- English language test results (if applicable): Certificate of passing an approved English test.
- Proof of relationship: Photos, communication history, and documents showing time spent together.
English Language Requirement
The foreign spouse must prove their ability to speak and understand English unless they are from a majority English-speaking country or have certain educational qualifications. Most applicants will need to take an approved English language test (e.g., IELTS Life Skills at level A1).
You are exempt from the English language requirement if:
- You are a citizen of a majority English-speaking country (e.g., USA, Canada, Australia, etc.).
- You have a degree or academic qualification that was taught in English and is recognized by UK NARIC.
- You are over 65 years old or have a serious physical or mental disability.
Final Thoughts
With proper preparation and adherence to UK immigration guidelines, the process can lead to permanent settlement and even citizenship in the UK. It’s crucial for spouses to understand their rights and protections in the UK particularly related to domestic violence, sexual assault and child abuse. Migrating to the UK on a spouse visa involves navigating various steps, including meeting the financial requirement, proving a genuine relationship, and fulfilling English language proficiency. Once the visa is approved, you will be issued a Biometric Residence Permit (BRP), which serves as proof of your immigration status and allows you to live and work in the UK.