A genuine and subsisting relationship

To be successful in your application, you must demonstrate that you and your sponsor are genuinely in love and that your relationship is subsisting.  The rules on the evidence that is needed are less prescriptive than those in relation to the financial requirement.

The main criteria for a decision maker to be satisfied that your relationship is genuine and subsisting is the following:

·      Whether you and your sponsor have met in person. It is not enough to show that you just met once, you need to demonstrate that this meeting led to making of a mutual acquaintance.

·      Whether you and your sponsor have been or are now living together.

·      Whether you and your sponsor have visited the other’s home country/family.

·      Whether you or your sponsor have any shared responsibilities, i.e. financial and/or parental.

Evidence of a genuine and subsisting relationship

The decision maker will expect to see evidence of your regular contact, signs of affection and companionship.

You must show that you and your sponsor have been spending some time together. To this end, you can provide records of holidays taken together, chat/call logs, photographs of you together.

If you have been or are now living together, the decision maker will expect to see evidence of your cohabitation. This can be bank statements, utility bills, council tax bills and any other formal documents linking you together. Ideally, these documents should be in your joint names, but it is not compulsory. You can submit the documents addressed to you and your sponsor individually at the same address. 

In case you are married or in civil partnership, you must provide a marriage or civil partnership certificate respectively.  

The decision maker may undertake additional checks and/or interview you and your sponsor if he/she has doubts as to the genuine nature of your relationship. In such a situation, it is recommended to seek a professional immigration advice. Our immigration lawyers can assist you in preparation for an interview process to ensure it’ll run smoothly.

Financial requirement

To be successful in your Spouse Visa application, you must demonstrate to the decision maker that you can be adequately maintained in the UK without access to public funds.

Unless you are exempt to the financial requirement, you will need to demonstrate that your sponsor has a gross annual income of at least £18,600.

From 11 April 2024, the above minimum income threshold will increase from £18,600 to £29,000. The threshold will further increase to around £34,500 at an unspecified time later in 2024; and then to around £38,700 by early 2025.

You can rely on your sponsor’s income only when applying for an entry clearance (outside the UK). If, however, you are in the UK with valid leave to remain, you can combine your income with your sponsor’s income to meet the minimum threshold.

If you have children who will be sponsored as dependents of your sponsor, the minimum income threshold is increased for each child included in the application, namely:

·      £3,800 for a first child who has indefinite leave to remain in the UK, 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 has indefinite leave to remain in the UK, pre-settled or settled status or is an EEA national with a right to reside in the UK.

How to satisfy the financial requirement

The financial requirement can be satisfied in the following ways, including combination of them:

·      UK-based salaried income from employment.

·      Income from self-employment as a sole trader, a partner or in a franchise.

·      Non-employment income, e.g. income from property rental or dividends from shares.

·      Cash savings above £16,000 held for at least 6 months prior to the date of the application.

·      Pension.

It is important to note that cash savings cannot be combined with self-employment income, or with income from employment as a director or employee of a specified limited company in the UK.

The immigration rules on the financial requirement are complex. There are mandatory documents that must be submitted together with a Spouse Visa application. If any of the mandatory documents is omitted, a Spouse visa application is more likely to be refused. It is recommended to receive a professional advice from an immigration lawyer.  Our lawyers have more than 10-year experience in assisting clients with their Spouse Visa applications and navigating the complex financial requirement evidence.

Exemptions to the financial requirement

You may be exempt from the financial requirement in certain cases.  This usually applies if your partner is in receipt of the following benefits or allowances in the UK:

·      Disability Living Allowance.

·      Severe Disablement Allowance.

·      Carer’s Allowance.

·      Industrial Injuries Disablement Benefit.

·      Attendance Allowance.

·      Personal Independence Payment.

·      Armed Forces Independence Payment or Guaranteed Income Payment under the Armed forces Compensation Scheme.

·      Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme.

• Bereavement benefits.

·      Police Injury Pension.

You will have to provide evidence of “adequate maintenance” for you and dependants if any of the above is applicable to your case.

Accommodation requirement

You will need to provide evidence that there will be adequate accommodation available to you, your sponsor, and any dependants, without the need to rely on public funds. 

This can be a rented, mortgaged, or owned property. The property must not be overcrowded or contravene public health regulations.

Evidence as to the legal basis on which the property is owned or occupied must be provided along with your application.

English language requirement

As part of your Spouse Visa application, you must prove your competence in English language to at least CEFR level A1 or level 2 (when applying for further leave to remain as a spouse), unless exempt.

To meet the English language requirement, you must either:

·      to be a national of a majority English speaking country; or

·      to pass an approved English language test to the required level with an approved provider as set out on Approved Secure English Language Tests and Test Centres; or

·      to hold a degree from a recognised institution, which was taught or researched in English at or above the required CEFR level.

To be exempt from the English language requirement you must demonstrate one of the following:

·      You are over the age of 65 at the date of the application.

·      You have a physical or mental disability which prevents you from meeting this requirement.

·      There are exceptional circumstances that prevent you to satisfy the English language requirement before entering the UK.

Supporting documents

The requirements in relation to the documents that must be submitted in support of your application are strict. You should be careful when using templated document checklists, as every case is different and requirements for supporting documents will vary from case to case.

Adam Bernard Solicitors put clients’ interests at heart and help them in all aspects of the Spouse Visa application process.

Our immigration specialists will provide a tailored advice on the documents required and ensure that they comply with the Immigration Rules.

Here is an overview of the documents you will need:

·      Your current passport or other forms of valid travel documents.

·      Copies of the photo page and any visa entry stamps in your previous passports.

·      Complete Spouse Visa application form.

·      Your marriage or civil partnership certificate.

·      Other documents to prove your relationship is genuine, such as:

• • Photographs of you together.
  • Booking confirmations of holidays taken together.
  • Chat logs from social media and/or call logs.

• • Shared tenancy agreements or mortgage/property purchase documents.

• • Travel documents on visits to each other.

• Divorce certificate for any previous marriages, if applicable.
• Details of any criminal convictions, if applicable.
• Details of your accommodation in the UK, such as:

• • Official Copy Entries (if your sponsor owns the property).
  • Tenancy agreement.

• • Immigration housing report.

• • Letter from your landlord/owner of the property you will be living in.

• Evidence that you meet the financial requirement, such as:

• • Bank statements of the last 6 months.
  • Payslips of the last 6 months.
  • A letter from the employer or employment contract.

• Evidence that you meet the English language requirement, such as one of the following:

• • Proof you are from one of the English language speaking countries that are exempt from taking a test.
  • An English language certificate, confirming your competency in English at the required level.

• • Proof you have a degree or academic qualification that was taught or researched in English and recognised by the UK NARIC.

• Your sponsor’s British passport or BRP documenting indefinite leave to remain status.
• Sponsorship Declaration.
• Appendix II form.
• Your tuberculosis test results if you are from a country where you have to take the test.
• A certified translation of any document that is not in English or Welsh.

Spouse Visa application fees

The Spouse Visa application fee is currently £1,846 when applying outside the UK.

If you apply in the UK to switch into a Spouse Visa or extend your stay as a spouse, the current fee is £1,048.

You might also need to pay the healthcare surcharge as part of your application which is currently £2,587.50 if you are staying for 2 years and 6 months, and £3,105 if you are staying for 2 years and 9 months.

If you are applying from the UK, you may be able to pay an extra £1,000 for the super priority service to get a faster decision.

Switching to a Spouse Visa

If you are in the UK on a different visa, you might be able to switch to a Spouse Visa to stay with your partner.  You can switch at any time before your current visa expires.

Switching is not permitted if you are in the UK as a visitor, or with few exceptions, with valid leave granted for a period of 6 months or less. You will usually need to leave the UK to apply for a Spouse Visa to join your sponsor in the UK.

If you are in the UK with permission as a fiancé/fiancée, you can apply for leave to remain as a spouse from within the UK.

Spouse Visa processing time

The standard time for processing a Spouse Visa application is currently 12 weeks when applying outside the UK. Applications for switching into a Spouse Visa or extension of your stay in the UK as a spouse should be decided within 8 weeks.

Indefinite Leave to Remain

If you are successful in your Spouse Visa application, you will initially be granted a visa for 33 months (if applying for entry clearance outside the UK) and 30 months (if applying within the UK).

You will need to apply for extension of your stay in the UK before the expire of your leave. You will be granted further leave to remain for a period of 30 months if your application for extension is successful.

After spending 60 months (5 years) in the UK on your Spouse Visa route, you can apply for indefinite leave to remain in the UK.

Spouse visa entitlements

Spouse visa holders are entitled to have free access to public schools and National Health Service (NHS). They also have full right to work and/or study in the UK.

You cannot claim public benefits, as your partner will sign a ‘maintenance undertaking’. This rule ends 5 years after you arrive or earlier if you partner who signed the maintenance undertaking dies.

How to apply for a Spouse Visa

A Spouse Visa application is made using an online application form. Depending on whether you are applying overseas or within the UK, there are different application forms.

Once applied, you will be required to attend a physical (biometric) appointment.

The supporting documents should be prepared while you are preparing your Spouse Visa application. This is because some of the documents must be dated before the date of submission of the application form.

You will generally need to upload scans of the supporting documents, so they can be reviewed by the decision maker.

Refusal of a Spouse Visa application

A Spouse Visa application can be refused if not prepared carefully. In this case, you have a right to appeal. Alternatively, you can submit a new application or apply for a judicial review.

It is important to emphasise that appeal proceedings can take a long period of time (many months) to be determined and the outcome may be uncertain.

Therefore, it is so important to seek a professional advice prior to  your submission of a Spouse visa application, to avoid unnecessary stress and costs.

If you are unable to meet the requirements for a Spouse Visa

In case you are unable to meet the requirements for a Spouse Visa, you may still be able to apply for entry clearance or leave to remain on human rights grounds such as private life or family life.  For example, one of the grounds can be that there would be significant difficulties for you and your sponsor that could not be overcome if you lived together outside of the UK.