Spouse Visa UK
A Partner Visa UK, also known as a UK Marriage Visa, is a settlement visa that allows you to live in the UK for up to 30 months with your British partner. It can be extended for another 30 months if you meet certain eligibility conditions. Holding a Partner Visa is the first step towards Indefinite Leave to Remain (ILR) and, eventually, British Citizenship.
To apply for a Marriage Visa, you must be married to, or in a civil partnership with a British citizen, UK settled person or UK refugee. The main eligibility criteria include providing proof that you are in a genuine relationship and that you meet specific financial conditions.
Get in touch with our immigration lawyers to receive professional advice on your Marriage Visa case and learn how you can live in this country with your partner if he or she is a UK citizen.
What are they?
British citizens or those who are settled in the UK may wish to be joined by their spouse, civil partner or unmarried partner.
The requirements to be met by applicants under these routes are very similar. Those who are married or in a civil partnership must provide their marriage or civil partnership certificate and those who are unmarried partners will instead be required to evidence that they have been living together in a relationship akin to marriage for the last two years.
What are the main requirements?
In order to enter or remain in the UK as the partner of a British citizen or settled person, applicants must also be able to demonstrate that:
- they are in a genuine and subsisting relationship;
- they meet the financial requirement; and
- they meet the required level of English language (currently A1 of the CEFR).
The financial requirement, which is often the most complex requirement to satisfy, can be met in a number of different ways. Applicants must demonstrate that, as a minimum, their partner has an annual income of at least £18,600 or that the applicant and their partner have savings of at least £62,500.
It is important to note that the applicant’s own income can only be taken into account if the applicant is living and working in the UK lawfully. The financial requirement increases if any dependant children are to be included with the application.
How long can I stay and what are the conditions of my stay?
Applicants submitting an application from outside of the UK will be granted leave to enter the UK for 33 months whilst those switching into this category from within the UK will be granted leave of 30 months.
Applicants can then apply to extend their stay in the UK for a further 30 months, and as there is no maximum stay in the UK under this category, providing that an applicant continues to extend their leave they can do so indefinitely.
During their stay in the UK, applicants can work and change jobs without notifying the Home Office. They can also study, do voluntary work and leave and re-enter the UK as needed.
When can I apply for Indefinite Leave to Remain (otherwise known as ‘Settlement’)?
An application for Indefinite Leave to Remain can be made once an applicant has held leave as a partner for at least five years. In order to be eligible for Indefinite Leave to Remain, an applicant must demonstrate that:
- they have spent a continuous period of five years in the UK and during this time have not breached any UK immigration laws;
- they have sufficient knowledge of English language and have passed a Life in the UK test;
- they continue to be in a relationship with their British or settled partner; and
- since being granted leave in this category, they have lived in the UK with their partner.
How we can help?
The requirements for Spouse, Civil Partner & Unmarried Partner visas are highly prescriptive and the Home Office routinely refuse applications that do not fully comply with the Immigration Rules and guidance. Our highly experienced team of immigration lawyers will assist in preparing and submitting your application to achieve the best possible outcome.
What to do now?
We suggest that you contact our expert team for a free no-obligation consultation. There is nothing to lose! If you are busy, you can click here to arrange a callback time or alternatively, you can call 08009961807 and ask to speak to our family department experts.
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Frequently Asked Questions (FAQs)
What Are the UK Child Dependent Visa requirements?
- under the age of 18;
- not leading an independent life;
- not married or in a civil partnership; and
- has not formed an independent family unit.
There are several additional requirements, with more for adopted children.
If the parent of the dependent child applies to enter or remain in the UK as a partner or parent, they must meet a financial requirement. In all other cases, the parent will need to show they can accommodate the child without help from public funds. In some cases, depending on the status of the parent(s) settlement, the child may need to apply as a points-based system (PBS) dependent
More information on Child Dependent Visas
Am I eligible for an Adult Dependent Visa?
The application must be made from outside the UK and your visa must be obtained before travelling.
More information on Adult Dependent Visas
Am I eligible for a UK Ancestry Visa?
You cannot claim UK ancestry through step-parents.
A British Ancestry Visa allows holders to live, work and study in the UK for a period of up to five years, at which point they may be eligible to apply for a renewal or apply for settled status in the UK.
Find out more about UK Ancestry Visas
Can I join my migrant relative in the UK?
As the partner or dependent child (under 18) of a migrant who is in or coming to the UK under most categories of the points-based system, you can apply for a visa to join them here as a PBS dependent.
You will need to show that:
- you intend to live with the migrant worker, and
- your relationship is genuine.
Or for children:
- you have not formed an independent family unit, or
- are leading an independent life.
The migrant worker will also need to prove that they can support you without relying on public funds.
Is there a visa for parents of British citizens?
- you have sole responsibility for the child, or at the very least access rights;
- you can maintain yourself without relying on public funds;
- you meet the suitability and English language requirements.
If you meet all the requirements you will be given temporary permission to remain in the UK for 30 months. You will be eligible to stay for a further 30 months if you continue to meet the requirements and after five years you can apply for ILR (Indefinite Leave to Remain).
If you are outside the UK you must obtain your visa before travelling.
If you are already in the UK you will be eligible so long as you are not on a Visitor Visa or on temporary admission, permission to stay was not given for a period of less than six months (unless as a fiancé(e) or proposed civil partner) and you are not in breach of the Immigration Rules (overstaying for less than 28 days will not be taken into account).
I am here under the Points Based System (PBS) - can my family members join me?
I have been refused a Family Visa UK – can I appeal?
As the law currently stands, you will be able to appeal in the event that your UK Family Visa is refused.
In the event that your application is refused, there may be other options even after the refusal. Speak to an immigration lawyer to get the best and most up to date advice.
The law at the present time in respect of Visit Visas does not allow for a full right of appeal. You can only appeal such visas on very restricted grounds. If you have been refused a Family Visit Visa it is advisable to speak to one of our experts to advise on your options.
What services does LPS offer?
With our team of expert immigration lawyers, we will be able to assist you with any type of Family Visa application.
- assess your eligibility for a Family Visa;
- assess whether your UK relative is eligible to act as your sponsor;
- help you make sure you have acceptable proof of your relationship to your relative for your application;
- perform a full document check to ensure that they are sufficient;
- confer with you in person, via phone or Skype at a suitable time for you;
- prepare a Letter of Representation to accompany your application. This is a document containing information about your case and its merits. It will also reference all relevant UK immigration laws that might support your application;
- liaise with the Home Office throughout the process;
- complete each part of your application in full and to a professional standard