These are just two of the most common questions we get asked at Mulgrave Law. A UK spouse visa application can be notoriously complicated. Most people find themselves walking an unfamiliar path as the rules are extremely complex and strewn all over the place and not user friendly.
What steps do I need to take for a successful spouse visa application under Appendix FM?
We have put together a list of the key requirements with brief explanations on how to make your spouse visa application. Please note this article is for guidance only, we strongly recommend that good legal advice is taken from an immigration lawyer. Our team of multilingual immigration lawyers at Mulgrave Law can guide you through your Spouse visa application process. Contact us today.
What are the requirements for spouse visa in UK?
Step 1- Check if you met the key requirements givens below
In order to qualify for a UK Spouse visa you will need to satisfy UK Visas and Immigration that you meet the following requirements:
- Your partner is British Citizen, holds indefinite leave to remain, Settled Status or Pre Settled Status under Appendix EU;
- 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 in the UK;
- You speak and understand English to the required level.
What are the financial requirements for UK spouse visa?
Step 2: Fulfilling the financial requirement for a UK spouse visa
In order to meet the financial requirement for a UK Spouse visa application 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/ have a gross annual income of at least£18,600.
You will need to have an additional £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) if applicable.
You can meet the UK Spouse visa financial requirement through employment, which can be salaried or non-salaried, self-employment, from ownership of a business (Directorship), income from non – employment like property rental, dividends and income from investments, stocks, shares, bonds or trust funds and pension income.
You can also meet the requirement by evidencing cash savings above £16,000 and if they are combined with any other means of income 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.
Should you wish to rely on just cash savings, the level of savings required to meet the financial requirement will be £62,500 (to be held continuously for a minimum period of 6 months).
In some circumstances it is possible to rely on a combination of the above sources of income to satisfy the financial requirement. It is best to contact an immigration lawyer for further information on how to combine sources of income to meet the financial requirement.
You may also be exempt from meeting the financial requirement if you are in receipt of one of the below mentioned benefits:
Disability Living Allowance;
Severe Disablement Allowance;
Industrial Injury Disablement Benefit;
Attendance Allowance;
Carer’s Allowance;
Personal Independence Payment;
Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme; and
Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme.
If you are exempt from meeting the financial requirement you will only need to meet the adequate maintenance and accommodation requirement.
What are the Accommodation requirements for UK spouse visa?
Step 3 – Ensuring that you meet the Accommodation Requirement
As part of the Spouse visa requirements, under Appendix FM of the Immigration Rules, an applicant must provide evidence that there is adequate accommodation available to them, which the family owns or occupies exclusively, without recourse to public funds.
You do not need to own/ rent the entire house to meet this requirement, but you will need to prove that at least part of the accommodation will be occupied by you and your sponsor. For example, renting a room in a house is counted as ‘exclusive occupation’.
It would also be acceptable for the applicant or sponsor’s family member to provide accommodation, as long as the family member provides a letter confirming they consent to the family residing with them and there is enough room at the family home.
Evidence which can be used to demonstrate adequate accommodation includes tenancy agreements, title deeds, mortgage documentation and letters from family or friends who may be providing you with accommodation.
What are the language requirements for spouse visa?
Step 4 – Meeting the English language requirement
You can prove the English language requirement in one of the following ways:
- If you a degree taught from the UK;
- If you have a degree from outside the UK taught in English (you might still need a ECCTIS certificate to prove that your qualification is equivalent to a UK bachelor’s degree or higher);
- You will not need to prove your knowledge of English if you are a national of one of the following countries:
- Antigua and Barbuda
- Australia
- the Bahamas
- Barbados
- Belize
- Canada
- Dominica
- Grenada
- Guyana
- Jamaica
- Malta
- New Zealand
- St Kitts and Nevis
- St Lucia
- St Vincent and the Grenadines
- Trinidad and Tobago
- USA
- You can prove your knowledge of English by passing an approved English language test with at least a CEFR level A1 in speaking and listening.
If you took the CEFR level A1 when you first applied for your visa, you will need to take a CEFR level A2 test when you apply to stay after 2.5 years.
How to prove genuine relationship for spouse visa:
Step 5 –Genuine and subsisting relationship test
As a part of the spouse visa process, you will need to demonstrate that your relationship is genuine and subsisting.
You can evidence this by providing the following documents:
- Text messages, photos, chats
- Evidence of money transferred
- Joint Tenancy/ mortgage
- Evidence that you have children together
- Evidence of family trips/ holiday takes together.
Step 6 – Completing the online application and submitting the application.
Once you have collated the documents, you will need to draft your online application form and submit your application. At this stage you will need to pay the Home Office and Immigration health surcharge fees.
You will also need to book a biometric appointment at a VFS/TLS centre if you are applying for Entry Clearance or at the Sopra Steria centre if you are making an in-country application.
The costs for a spouse visa application are as follows:
Home Office fees: Visa fee: £1,033 if made from inside the UK, £1,523 if made from outside the UK
Immigration Health Surcharge fee: £1,560 if made from inside the UK, £1,872 if made from outside the UK.
Get assistance with your application – Contact the best UK Immigration lawyers
Mulgrave Law employs Specialist Immigration solicitors and can assist in obtaining a spouse visa from overseas or within the UK by providing the following services:
- Providing free initial advice
- Advising on documents required
- Reviewing documents to ensure they fulfill the Home Office requirements
- Submitting the online application form
- Uploading documents and booking a biometric appointment.
Mulgrave Law is based in London serving clients across the globe, with decades of combined experience dealing with difficult immigration cases.
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