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Spouse Visa

The UK Spouse Visa is an immigration route that allows married partners of British or Irish citizens, those with settled status, those holding certain work visas, and those with refugee status to join or remain with their spouse in the UK. To qualify for the UK Spouse Visa, applicants must meet various requirements outlined by UK Visas and Immigration (UKVI).

Key Requirements:

  1. Minimum Income Requirement: Starting from 11th April 2024, the minimum salary requirement for sponsoring a spouse visa application will increase to £29,000 per year. This income threshold aims to ensure that the sponsor can adequately support their spouse without relying on government funds.

  2. Partner’s Status: The sponsoring partner must be a British or Irish citizen, hold settled status or indefinite leave to remain, possess certain work visas, or have refugee or humanitarian protection status.

  3. Age Requirement: Both the applicant and the sponsoring partner must be over 18 years old.

  4. Genuine Relationship: Applicants must demonstrate that they are in a genuine and subsisting relationship with their sponsoring partner. This includes providing evidence of shared finances, living arrangements, and long-term plans together.

  5. English Language Proficiency: Applicants must meet the English language requirement, typically by passing an approved English language test at the required level.

  6. Financial Stability: Alongside the minimum income requirement, applicants must show they can meet the financial criteria set by UKVI, which includes having adequate accommodation and financial resources to support themselves and any dependents.

  7. Previous Relationships: Both the applicant and sponsoring partner must prove that any previous relationships have permanently ended.

Application Process:

  • Applicants can apply for a UK Spouse Visa from within the UK or from overseas, depending on their current immigration status.
  • The application involves completing an online form, providing supporting documents, attending biometric appointments, and paying the required application fee.

Duration and Settlement:

  • Initially, successful applicants are granted a visa for 33 months. They can then apply for an extension for an additional 30 months.
  • After living in the UK for five years under the spouse visa category, applicants may be eligible to apply for indefinite leave to remain (ILR) or permanent residency.

Appeals and Exceptions:

  • Applicants have the right to appeal if their visa application is refused. Appeals are typically heard by the First-tier Tribunal (Immigration and Asylum Chamber).
  • In certain circumstances, individuals who do not meet all the standard requirements may still be granted a visa on human rights grounds. This could include cases involving children or where strict application of the rules would cause undue hardship.

Navigating the UK Spouse Visa process can be complex, and seeking advice from an immigration lawyer is often recommended to ensure all requirements are met and the application has the best chance of success.