Spouse Visa

The UK Spouse Visa is for married partners of British or Irish citizens, persons who are settled in the UK, persons with pre-settled or settled status, persons with a Turkish Businessperson or Turkish Worker visa and persons with refugee status or humanitarian protection 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 intends to return to the UK with you.

The UK Spouse Visa can lead to settlement in the UK after a period of 5 or 10 years, depending upon the route.  

UK Spouse Visa Requirements

To qualify for a UK Spouse Visa, the applicant needs to meet the following requirements:

• Your partner is British or Irish, is settled in the UK, has been granted pre-settled or settled status, holds a Turkish Businessperson or Turkish Worker visa, or has refugee status or humanitarian protection
• You and your partner are both over the age of 18
• You and your partner have met in person
• You and your partner are legally married (either inside the UK or abroad) which is recognised in the UK
• Your relationship is genuine and subsisting
• You and your partner intend to live together permanently in the UK
• Any previous relationship has broken down permanently
• You satisfy financial requirement of £18,600 per annum through employment or self-employment, non-employment income, pension, or cash savings
• There is adequate accommodation for you and any dependents
• You can speak and understand English to a required level

Financial Requirements

To demonstrate that you can be adequately maintained in the UK without recourse to public funds, you will need to satisfy the financial requirements.

The financial requirement for a UK Spouse Visa application state that, unless exempt, 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:

• £18,600 or above, plus
• £3,800 for a first child (who is not British, holds indefinite leave to remain in the UK, has pre-settled or settled status or is an EEA national with a right to reside in the UK), plus
• £2,400 for each additional child (who is not British, holds indefinite leave to remain in the UK, has pre-settled status or settled status or is an EEA national with a right to reside in the UK).

Different considerations will apply if your spouse is in receipt of certain state benefits or entitlements for example, carer allowance, personal Independence payment or disability allowance. In this situation, the sponsor must show that they can adequately maintain and accommodate the family member being sponsored to enter or remain in the UK.

Accommodation Requirement 

Whether you are applying for entry clearance or for further leave to remain as a spouse, you will need to provide evidence that there will be adequate accommodation available to you and your spouse, without the need to rely on public funds, in accommodation which you own or occupy exclusively.

English Language & TB Test Requirements

Unless exempt, as part of your Spouse Visa application, you will need to satisfy the Home Office that you meet the English language requirement and TB test requirements.

When applying for entry clearance or to switch into the Spouse Visa route, you need to demonstrate competence in the English language at least at CEFR level A1 or above.  When applying for further leave to remain as a spouse, you will need to demonstrate competence in the English language at least at CEFR level A2 or above. 

TB test requirements apply if you are applying for entry clearance only and your country of origin is on the Home Office list of TB test requirements.

The exact requirements you need to satisfy may vary depending on your personal circumstances. Please feel free to contact our immigration team at info@biscoes-law.co.uk to discuss further.