Spouse Visa

 

The UK Spouse visa category is for partners of British citizens or persons with indefinite leave to remain in the UK, who wish to join, or stay with, their husband or wife in the UK. You can also apply for a UK Spouse visa if your Spouse is outside the UK, but intending to return to the UK with you.

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Requirements for a UK Spouse visa application

 

In order to qualify for a UK Spouse visa you will need to satisfy UK Visas and Immigration that you meet the following requirements:

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• 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;

• 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.

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The exact requirements you will need to satisfy will vary depending on your circumstances.  You may want to speak to an immigration lawyer for expert advice

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Financial requirement for a UK Spouse visa

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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.

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The financial requirement for a UK Spouse visa application states that you will need to demonstrate that your Spouse (or both of you jointly if you are in the UK with valid leave to remain) has a gross annual income of at least:

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• £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).

 

Satisfying the financial requirement

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You can meet the UK Spouse visa financial 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 the sale of property or investments within the last 6 months.

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In some circumstances it is possible to rely on a combination of the above sources of income to satisfy the financial requirement.

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Different considerations will apply if your Spouse is in receipt of certain benefits

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UK Partner visa processing times 

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UK Visa & Immigration aims to process 95% of UK Partner visa applications within 12 weeks.

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If you require a faster visa processing timeline, most visa application centres outside the UK offer a Settlement Priority Visa Service. This will ensure that your UK Spouse visa application is placed at the front of the queue at every stage of the decision-making process. The visa processing time for a UK Spouse visa submitted via the Settlement Priority Visa Service is normally not more than 30 working days.  A well prepared visa application may result in a quicker processing time.

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If you apply to switch into or extend your stay as a Spouse from within the UK, you will be able to choose from two processing timelines. If you apply via the Standard Service, your in-country application will normally be decided within 8 weeks. If you apply via the Super Priority Service, you should normally receive a decision on the next working day after providing your biometric information.

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UK Spouse visa application fee

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The Home Office application fee for a UK Spouse visa application submitted outside the UK is currently £1,523.  The Home Office application fee to switch into the Spouse category from within the UK or extend stay as a Spouse is currently £1,033.

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UK Partner visa validity period

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If your application for a UK Partner visa is successful, your visa will be valid for 33 months initially. If you apply for leave to remain in the UK as a Spouse then you will be granted leave valid for 30 months.

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Before your initial grant of leave expires, you will need to apply to UK Visas and Immigration to extend your stay.  If your application for further leave to remain as a Spouse is successful then you will be granted further leave to remain for a period of 30 months.

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After spending 5 years in the UK as the Spouse of a British citizen or settled person, you will be eligible to apply for indefinite leave to remain.

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Can a Spouse visa holder work in the UK?

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Spouse visa holders have a full right to work and study in the UK.

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UK Spouse visa application: How we can help

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Our immigration team regularly assist foreign national Spouses to relocate to, and settle in, the UK with their British citizen or settled partners. 

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Whether you require expert advice on the requirements of the Immigration Rules, an independent assessment of your prospects of qualifying for a visa or professional assistance with preparing an immigration application, our immigration team can help.

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The financial requirement rules are particularly complex and include mandatory requirements in terms of the documentary evidence that must be provided to UK Visas and Immigration in order to demonstrate access to the relevant funds. Our immigration barristers specialist in assisting applicants with complicated financial circumstances to secure successful outcomes in their Spouse visa applications.

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We pride ourselves on being approachable and proactive in understanding and meeting our clients’ needs. We are a highly driven team of immigration barristers, dedicated to providing clear and reliable immigration advice to family members as part of a professional and friendly service.

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WE CAN ALSO ASSIST WITH

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Immigration property inspection reports for Spouse visa applications

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In order to satisfy the requirements of the Immigration Rules for a Spouse visa, you will need to demonstrate that there is adequate accommodation for yourself, your partner and any dependents. Our barristers can arrange for a qualified surveyor with specialist knowledge and skills to attend your property to assess and produce a comprehensive report that can be submitted in support of your application.

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Applications for extension of stay as a Spouse

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Before your initial grant of leave as a Spouse expires, you will need to apply to UK Visas and Immigration to extend your stay.

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The requirements for further leave to remain in the UK as a Spouse are broadly the same as those that apply to initial applications in the Spouse category.  However, you will need to make sure that your application satisfies the relationship, financial, accommodation and immigration status requirements again.  A higher level English language requirement will also apply.

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Applications for settlement as a Spouse

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After spending 5 years (60 months) in the UK as the Spouse of a British citizen or settled person, you may be eligible to apply for indefinite leave to remain in the UK.

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In order to qualify for indefinite leave to remain as a Spouse you will need to demonstrate, in addition to the above requirements, that:

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• Since you have been in this category you have lived together with your Spouse in the UK or there is good reason, consistent with a continuing intention to live together permanently in the UK, for any period when you have not done so;

• You meet the higher English Language requirement that applies to settlement applications;

• You have passed the Life in the UK test.

 

If you make an application for indefinite leave to remain as a Spouse but do not satisfy the above requirements, UK Visas and Immigration will go on to consider if you meet the requirements for a further extension of stay as a Spouse.

 

BRITISH CITIZENSHIP BY NATURALISATION

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If you are at least 18 years old and have been granted indefinite leave to remain or have acquired a right of permanent residence in the UK, you may be eligible to apply for British Citizenship by Naturalisation.

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Can I apply for British Citizenship by Naturalisation?

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In order to be naturalised as a British citizen, you will need to meet certain statutory criteria with regard to your immigration status, length of residence in the UK, future intentions, knowledge of the English language and life in the UK, and good character.  The requirements for British Citizenship by Naturalisation vary slightly depending on whether you are married to a British citizen or not.

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Apply for UK Citizenship: Not married to a British citizen

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If you are not married to a British citizen (or do not wish to rely on your marriage to a British citizen) the Home Office must be satisfied that:

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• You were in the UK on the day five years before the date of your application;

• You have not been absent from the UK for more than 450 days during the intervening five year period;

• You have not been in the UK in breach of the immigration laws at any time during that five year period;

• You have not been absent from the UK for more than 90 days during the 12 month period immediately preceding the date of your application;

• You are not subject to any limit on the period for which you may remain in the UK and have not been subject to any such time limit at any time during the 12 month period immediately preceding the date of your application;

• You are of good character;

• You have sufficient knowledge of the English, Welsh or Scottish Gaelic language;

• Your intentions are that if your application is successful your home (or principal home) will be in the UK.

 

Apply for UK Citizenship: Married to a British citizen

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If you are married to a British citizen, the Home Office must be satisfied that:

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• You were in the UK on the day three years before the date of your application;

• You have not been absent from the UK for more than 270 days during the intervening three year period;

• You have not been in the UK in breach of the immigration laws at any time during that three year period;

• You have not been absent from the UK for more than 90 days during the 12 month period immediately preceding the date of your application;

• You are not subject to any time limit on the period for which you may remain in the UK at the date of your application;

• You are of good character;

• You have sufficient knowledge of the English, Welsh or Scottish Gaelic language.

 

The exact requirements you will need to satisfy will vary depending on your circumstances.  You may want to speak to an immigration lawyer for expert advice

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Can I apply for British Citizenship straight after ILR?

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If you are married to a British citizen, you can apply for British Citizenship by Naturalisation as soon as you have been granted Indefinite Leave to Remain.  You will need to satisfy all of the other requirements for British Citizenship by Naturalisation outlined above.  If you are not married to a British citizen, you will need to have been free of immigration time restrictions for at least 12 months immediately preceding the date of your application.  This means that you will be eligible to apply for British Citizenship by Naturalisation 12 months after being granted ILR.

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How many days can I stay outside the UK for British Citizenship?

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In order to qualify for UK Citizenship, you will need to have spent not more than 90 days outside the UK during the 12 month period immediately before the date of your application for British Citizenship by Naturalisation.  If you are not married to a British citizen, you will also need to have not been away from the UK for more than 450 days days during the preceding 5 years.  If you are married to a British citizen, you will need to have spent not more than 270 days outside the UK in the previous 3 years.

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What is the good character requirement for British Citizenship?

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The British Nationality Act 1981 requires any person who wishes to naturalise as a British Citizen to be of ‘good character’. ‘Good character’ is not defined in the Act, but Home Office nationality policy guidance explains how the ‘good character’ requirement will be assessed.  This contains a non-exhaustive list of conduct that will mean that an applicant is not of ‘good character’ including criminality, terrorism, financial soundness, notoriety, deception and dishonesty and immigration-related matters.

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It is important that the good character requirement is considered carefully in any application for British Citizenship by Naturalisation as apparently innocuous matters can lead to an adverse decision.  Advice from an immigration lawyer will ensure that any potential good character issues are identified and properly addressed as part of your UK Citizenship application.

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Can EEA / EU Nationals and their family members apply for Naturalisation as a British Citizen?

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Yes, EEA nationals and their family members can apply for UK Citizenship, but from 12 November 2015 it has been necessary for EEA national applicants and their family members seeking to rely on having acquired a right of permanent residence to have obtained a Document Certifying Permanent Residence or a Permanent Residence Card as appropriate before applying for Naturalisation as a British Citizen.  Read more about Applications for British citizenship by EU nationals and How does EU Settled Status fit with Naturalisation?

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Who can be a referee for a British Citizenship by Naturalisation application?

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You will need to provide two referees when you apply for British Citizenship by Naturalisation.  One referee should be a person of any nationality who has professional standing, such as a minister of religion, civil servant, or a member of a professional body such as an accountant, solicitor or barrister (who is not representing you with the application). The other referee must normally be the holder of a British citizen passport and either a professional person or over the age of 25.

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How much does it cost to apply for Naturalisation as a British Citizen?

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The Home Office application fee for an application for Naturalisation as a British Citizen is £1,330.  You will need to spend a further £80 to arrange a citizenship ceremony (including the administration of a citizenship oath and pledge at the ceremony).  These figures are correct as at 29 March 2019.

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How long does it take to get British Citizenship?

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Applications for Naturalisation as a British Citizen can take up to 6 months to be determined.  However, we typically receive UK Citizenship decisions from the Home Office within about 3 months.

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Can I leave the UK while waiting for my UK Citizenship application to be processed?

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Yes, once you have applied for British Citizenship, you can travel outside the UK while your application is pending.  When you apply for British Citizenship, you can submit a full certified copy of your passport and keep your original passport with you.  You can then use your original passport to travel overseas.

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How we can help apply for British Citizenship

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Our immigration lawyers  have experience assisting with all types of nationality matters. Whether you are looking to apply for naturalisation on your own or on the basis of your marriage to a British citizen, we can guide you through the complexities of the UK Citizenship process and British nationality law.

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We are a highly driven team, dedicated to providing clear and reliable immigration and nationality advice as part of a professional and friendly service.