A UK spouse visa application is one of the most monumental steps for a couple who wishes to stay together in the United Kingdom. At first, the process might be confusing and rather complicated, but with proper knowledge and preparation, one is sure to succeed. This guide will walk you through the necessary steps, eligibility criteria, and common challenges, ensuring your journey towards securing a UK spouse visa goes as smoothly as possible.

Understanding the UK Spouse Visa

A UK spouse visa is often termed a partner or marriage visa. It is indeed a visa for non-UK citizens who are allowed to relocate with their British spouse or spouse in the UK. The visa initially lasts 2.5 years, which is equivalent to 30 months; it can also be extended afterwards. After five years, applicants qualify for Indefinite Leave to Remain, and that is when, at a convenient time, they shall be accorded citizenship of their adopted country. This visa applies to those who want permanent residence in the UK, protecting the rights of a non-UK spouse to work, study, and obtain public services, such as healthcare.

Eligibility Criteria

Before applying for a UK spouse visa, applicants must first meet the following very strict eligibility criteria set by the UK for them:

Relationship Conditions: The applicant must be married to or in a civil partnership with a UK citizen or person holding settled status. The couples must demonstrate that their relationship is genuine and ongoing to demonstrate that they intend to remain in the UK on a permanent basis.

Financial Requirements: The British spouse must generate a minimum income; the required amount is currently £18,600 per annum, though this scale increases with dependent children. From April 2024, it will increase to £29,000, meaning a huge rise in the requirements for applicants.

Accommodation Requirements: A prospective resident must ensure that he has suitable accommodation in the UK to reside without recourse to public funds, which means that applicants have to present documentary evidence of a home that meets the UK standard of living.

English Language Proficiency: An applicant's spouse living outside the UK shall have access to achieve the minimum A1 level (or higher) Common European Framework of Reference for Languages (CEFR), bypassing any accepted language test. This exemption does not apply to people who are nationals of English and whose first language is English, nor whose highest qualification is as mentioned below, which was entirely taught in English. 

The video below explains the eligibility criteria in a lot more detail.

Application Process

The UK spouse visa application process involves various elaborate steps that demand concentration. Any mistake or detail left out leads to delay or even refusal, so the only good option is to prepare elaborately.

Gathering Documents: He will collect an array of documents, including marriage certificates, financial statements, proof of accommodation, and language test results. Again, all these must be up-to-date and translated into English if required.

Submitting an Application Form: The application takes place online by filling out an application form at the UK government's website. Personal details, proof of relationship, and financial information are required to present a sponsorship application. Accuracy is very important when filling out the form to avoid mistakes.

Paying the Fees: The application fee for a visa costs £1,846 from outside the UK and £1,048 when applying from within the UK. For that reason, besides this, the Immigration Health Surcharge would be demanded. This gives access to the National Health Service. The charge of the IHS is currently at £1,035 per year but will increase to £1,625 in 2024​.

Biometric Appointment: An applicant will need to attend a biometric appointment at a UK Visas and Immigration application centre, where they will get fingerprinted and photographed ​.

Application Processing Time: After the application is submitted, the UKVI will process it within 12 weeks, depending on its complexity. An applicant can choose to avail of the Priority Service, where the decision will be expedited at an additional cost​.

Spouse Visa Extension and ILR

Those already here who are spouses can be granted an extension on a spouse visa after their first 2.5 years as long as they continue to meet the financial, accommodation, and relationship conditions. Getting an extension is the same as applying initially: it is just new, up-to-date documents.

After five years of stay in the UK by the spouse, they would be allowed to file for Indefinite Leave to Remain. It will enable a person to remain in the UK and has no limits for staying. They should meet all the requirements, which include higher A2 level proficiency in the English language, financial independence, etc.

Common Mistakes with Your Spouse Visa Application

One of the common mistakes people make while applying for a UK spouse visa application is that their documents happen to be incomplete or erroneous. The omission of necessary elements like proof of relationship, financial evidence, and incompletely filled forms can lead to further delays in the process or even refusal. Submitting all supporting documents coupled with translations of non-English documents is very significant based on the needs of the Home Office. Most applicants tend to ignore those minute details, which leads to further complications in the subsequent process of obtaining the visas.

Common Challenges and How an Immigration Lawyer Can Help

The process of going through a UK spouse visa application can be rather intimidating, especially considering the latest revisions to the immigration rules, which occur almost regularly. Some of the common issues experienced include individuals lacking sufficient proof of the relationship, low funds, or a delay in processing the application.

This may thus solve some of the issues involving soliciting an immigration lawyer in the UK. Lawyers can ensure that applicants are guided correctly, assist them in preparing the right documentation, and be thorough with the accuracy of the application. This saves one massive amount through minimal errors.

Get Legal Assistance

It is a complex yet achievable goal for couples wanting to live in the UK together. Knowing the criteria for eligibility, preparation of the documents, and the application that calls for a great deal of care can ultimately lead to success. Considering the possibility of complications, working with an immigration lawyer in the UK may provide peace of mind in facing this goal and significantly increase one's chances of acquiring approval. Our experienced team at A Y & J Solicitors offers help with spouse visa applications to UK spouses. We provide personal, case-by-case support along the way. Contact us today for professional help in making your spouse visa journey as easy and smooth as possible.

A Y & J Solicitors is a specialist immigration law firm with extensive experience in UK spouse visa application. We have an in-depth understanding of immigration law and are professional and results-focused. For assistance with your visa application or any other UK immigration law concerns, please contact us at +44 20 7404 7933. We’re here to help!