Personal Immigration

UK Spouse/Partner visa

Information

The Spouse or Civil Partner visa category is for partners of British citizens or persons with Permanent residency in the UK, who wish to join, or stay with their husband, wife or civil partner in the UK. You can also apply if your partner is outside the UK, but intending to return to the UK with you.

What are the eligibility requirements for a Spouse or Civil Partner visa?

In order to qualify for a Spouse or Civil Partner visa you will need to satisfy UK Visas and Immigration that:

  • Your partner is British or holds Indefinite Leave to Remain;
  • You are both over the age of 18;
  • You have met in person and are legally married or in a civil partnership;
  • Your relationship is genuine and you intend to live together permanently;
  • Any previous relationships have broken down permanently;
  • You will be adequately maintained in the UK without recourse to public funds;
  • There is adequate accommodation for you and any dependents;
  • You speak and understand English to the required level.

Contact us today on 0121 809 599 to assess you meet the above requirements.

In order to demonstrate that you can be adequately maintained in the UK without recourse to public funds, you will need to satisfy a financial requirement.

You will need to demonstrate that your Spouse or Civil Partner (or both of you jointly if you are in the UK with valid leave to remain) has a gross annual income of at least:

  • £18,600; plus
    • £3,800 for a first child (who is not British, settled or an EEA national); plus
    • £2,400 for each additional child (who is not British, settled or an EEA national).

You can meet this requirement through salaried and non-salaried income, self-employed income, salary and/or dividends from a company of which you are a Director, property rental income, dividends and income from investments, stocks, shares, bonds or trust funds, pension income, insurance payments, maintenance payments and cash savings above £16,000 that have been held for at least six months, unless you can demonstrate that they have come from a 'specified source'.

How do I evidence the financial requirement?

This answer to this question is dependent and varies highly on the Sponsor's circumstances and whether they are employed, self-employed or if relying on personal savings etc. There are numerous ways the financial requirement can be evidenced and there is no one size fits all. The requirements will be dependent on your persoanl circumstances. Therefore, let our experts discuss this in detail with you so that we cater the right advice depending on your circumstances.

In some circumstances it is possible to rely on a combination of the sources of income to satisfy the financial requirement. Again, different considerations will apply if the Spouse or Civil Partner in the UK is in receipt of certain benefits.

Following a high profile Supreme Court decision in 2017, the Home Office has ammended the Immigration Rules to allow caseworkers to consider, in specific circumstances, any third-party funding when examining whether the minimum income threshold has been met. Spouse visa refusals are unfortunately very common and normally owing to poorly prepared applications. If you are unsure whether your financial circumstances will meet the required income requirements or not, please speak to one of our experienced advisers today.

How long can I stay in the UK?

Assuming the appllication is sucessful, an applicant will be granted entry clearance as a Spouse or Civil Partner for an initial period of 33 months under the 60 month route to settlement. On completion of 33 months you will need to apply to extend your stay and on completion of 60 months will become eligible to apply for Indefinite Leave to Remain ('ILR') subject to meeting the requirements at the relevant stages.

Spouse and Civil Partner visa holders have a full right to work and study in the UK. If you are not able to satisfy certain of the requirements for a Spouse or Civil Partner visa, you may still be able to apply to join or remain with your partner on Human Rights grounds if you can demonstrate that there would be very significant difficulties in your relationship continuing outside the UK.

We are specialist Immigration Solicitors and experts in the UK Spouse visa category.

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