Get the right to live with your spouse or civil partner in the UK
Spouse and Civil Partner Visas are for spouses or civil partners who want to apply for Leave to Enter/Remain and/or Settlement application based on their other half’s status.
Leave to enter/remain in the UK:
You can apply for leave to enter or remain in the United Kingdom if your spouse or civil partner is currently living and settled in the United Kingdom or intends to return the United Kingdom with you to settle here if you apply from outside the UK.
You will also need to show that you have a sufficient knowledge of English unless you are exempt, that you have adequate accommodation and that your spouse or civil partner meets the financial requirement.
You can also include your children aged under 18 in your application. In most cases, children aged over 18 will not be accepted as dependents unless in exceptional circumstances.
Settlement application:
You can apply for indefinite leave to remain in the United Kingdom as the spouse or civil partner of a person settled and present in the UK if you have completed the probationary period and that your marriage or civil partnership is still existing and genuine.
You must also meet the financial requirement, have enough knowledge of the English language and life in the United Kingdom and adequate accommodation.
Your qualified dependent children can remain in line with your settlement visa.
What are the current requirements to qualify for a Spouse or Civil Partner Visa?
UK immigration currently requires those applying for a Spouse or Civil Partner Visa to:
- Pass what is known as the “Genuine Relationship Test” by providing verifiable evidence of an existing long-term relationship with the UK sponsor.
- Meet the minimum income threshold. Currently, that means that the sponsor and applicant must be able to show at least £18,600 of annual employment income, as well as additional funds if children are involved.
- Have at least moderate proficiency when it comes to speaking and writing English. Proficiency can be proven either by taking a government-approved English language test or by providing educational qualifications in English.
- Provide proof that the sponsor will provide suitable accommodation in the UK for you and any dependents that might come with you.
- You may also be required to submit a TB test certificate or to pass a tuberculosis test.
How can I prove a “Genuine Relationship”?
The Genuine Relationship Test is a major stumbling block for many hoping to obtain a Spouse or Civil Partner Visa, simply because most people do not feel the need to keep records documenting their relationships. Nonetheless, UK Immigration require proof of a genuine and subsisting relationship between sponsor and visa applicant before they will consider issuing a Spouse or Civil Partner Visa. If you are at a loss for how to prove the validity of your relationship get in touch with Barar & Associates UK immigration lawyers.
How do I apply for a UK Spouse or Civil Partner Visa?
The process of applying for a Spouse or Civil Partner Visa typically entails the following 4 steps:
- Complete the online application.
- Pay the Visa Fee Payment and the Immigration Health Surcharge Payment.
- Submit your original passport to the appropriate Visa Application Centre.
- Upload or send all required documents to the Home Office for review.
- Can a Partner Visa be renewed?
If you are issued a Partner Visa you can extend it for a further 2 years and 6 months, provided you apply for the extension before your original visa expires. If you end up staying legally in the UK for 5 years you will then be eligible to apply for Indefinite Leave to Remain, also referred to as “settled status”.
What are the requirements for extending a Spouse or Civil Partner Visa?
If your UK Partner Visa is set to expire soon you can apply to extend it. During the extension process, you will need to demonstrate that your relationship with the UK sponsor is ongoing and genuine. You will also be required to prove that you and your spouse/partner still meet the financial requirements.
How long does it take to process a Spouse Visa application?
How long it takes to process your Spouse or Civil Partner Visa will depend on the country you apply from and whether you have provided all necessary documents in their proper form. In most cases, an applicant can expect processing to take a minimum of 2 weeks and a maximum of 12 weeks.
If you wish you can pay extra for Priority Processing, which significantly shortens the processing time from weeks to days. If you apply from the UK you can opt for Super Priority processing which will see your application processed in 1 working day. Talk to our London Immigration Lawyers about your priority processing options.
What sources of income are accepted?
In order to obtain a Spouse or Civil Partner Visa you will need to satisfy certain financial requirements that prove sufficient income to support both your UK sponsor and you, the visa applicant. UK Immigration will accept any of the following as proof of financial viability:
- Verifiable pension income
- Earnings from self-employment
- Saving of more than £16,000
- Income from rental property
- Income from stocks and bonds
- Other verifiable, legal sources of income
Just be aware that if you are applying from outside the UK employment earnings will not count toward satisfying the visa financial requirement, although savings will. If you are unclear about whether you satisfy the visa financial requirement talk to one of our UK immigration lawyers.
What is the cost of a UK Spouse or Civil Partner Visa?
The cost differs depending on where you submit your application from. If you submit your application from outside the UK the cost is £1,846. However, if you submit your application from within the UK the cost is £1,048. If you intend to bring dependents with you the cost will change. Talk to one of our London immigration lawyers to get an exact run-down on visa costs.
Are there strict English requirements?
There are. Anyone hoping to obtain a UK Spouse or Civil Partner Visa will need to demonstrate they can speak and write English effectively. To do that you will need to provide proof of English literacy in the form of an IELTS result, or sit for an English Language Test given by a Secure English Language Testing (SELT) provider. Failure to demonstrate minimal English language facility will result in the denial of your Partner Visa application.
Are there any exceptions to the English language requirement?
The following are exempted from having to prove their English language skills:
- Those who are a citizen of a majority English speaking country.
- Those who are under 18 or over the age of 65.
- Those who hold a Bachelor’s Degree or higher.
- Those with a long-term physical or mental handicap.
- Those who finished a foreign degree that was conducted in English.
- What should I do if my Partner Visa application is rejected?
The first thing you should do is contact Barar & Associates and ask to speak to one of our London immigration lawyers. They will quickly and effectively assess your situation and determine if you have a good case on which to base an appeal to the Home Office. If you do, we will represent you during the appeal process with vigour and determination.
