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Top 12 FAQs for Making a UK Spouse Visa Application

Top 10 FAqs For Spouse Visa UK Application

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The process for applying for a spouse Visa UK is for people who want to move to the UK with their spouse or partner. It’s important to know that this UK Spouse Visa application process can be hard and complicated and that you need to plan carefully and pay close attention to every detail to make sure it goes well.

Q1: Where can I fill out my UK Spouse visa application form?

Ans. You can apply for leave to stay as a spouse from inside the UK if you are already there and have been given leave to stay for more than six months as someone other than a visitor.

People who are in the UK but have more than six months of leave, like tourists, will have to leave the country and ask for entry clearance as a spouse. Because of a special rule for COVID-19, people may be able to apply from inside the UK, even if they are just visiting. If you want to do this, you should talk to someone about it and look at the present policy. 

For people living outside of the UK, the best place to apply for a spouse visa is in the country where they currently live.

Q2: What are the steps to apply for a UK Spouse visa?

Ans. Fill out an online application form to request a spouse visa. There is a different entry form if you want to apply from outside of the UK or within the UK. 

If you want to apply for a UK spouse visa, you should talk to an immigration lawyer to make sure you fill out the right forms for your situation.

To meet certain document requirements, you should get your supporting documents ready at the same time as your spouse’s visa application form. You must date these documents before sending your online application form. People can upload scans of papers that support their spouse’s visa so that the Home Office can look at them. When you apply, you should check the specific steps for the country where you want to live. Given that the Home Office periodically modifies this system.

Q3: What documents are necessary for applying for a UK Spouse visa?

Ans: To get a UK spouse visa, you must show UK Visas and Immigration that your relationship with your spouse is strong.

  • Your partner is British or is on leave from one of the above groups;
  • Both of you are over 18 years old;
  • You are married or in a civil union and have met each other physically;
  • Your relationship is real, and you want to stay together forever;
  • Past partnerships have ended permanently;
  • With or without the use of public funds, you will receive sufficient maintenance in the UK;
  • There is enough space for you and anyone who depends on you;
  • You know how to speak and understand English well enough.

You can read more about spouse visa UK documents

Depending on your situation, the papers you need will be different. Anyone who wants to apply as a partner will need to show proof that they are married and that their relationship is real. There are several ways to meet the English language requirement. The proof you need will depend on which way you choose to meet the requirement. If your degree was taught in the UK, for example, you will only need the degree certificate. However, if your degree was conducted in English outside the UK, you will also require verification from UK ECCTIS (formerly known as UK NARIC). People who are applying for a spouse should be very careful when using already prepared document checklists. If you talk to an immigration lawyer, you can be sure that the papers on the list are right for your situation.  

Q4: What happens if my spouse switches employment after my arrival as a partner?

Ans. When you apply for indefinite permission to remain as a spouse, when you apply to extend your stay as a spouse, and when you first join, you will need to meet the financial criterion. It’s possible that in one of these applications, you depended on your Sponsor’s income to meet the criterion. If your circumstances change after your leave has been approved, it won’t affect you as long as you can continue to meet the financial requirements when you apply for an extension.

Q5: If we married abroad, will our marriage be acknowledged in the UK?

Ans. After a marriage or civil partnership takes place abroad, the Home Office will recognize it if:

  • The country where the marriage or civil partnership took place recognizes it as such.
  • According to the laws of the country where the marriage or civil partnership took place, it was done correctly.
  • There is nothing in the rules of either person’s home country at the time of the marriage or civil partnership that stops it from being recognized.
  • Any marriages or civil partnerships the couple has had in the past have ended for good.

There are some extra rules about age, types of relationships that aren’t allowed, and divorces that have already happened, but in general, if the country where you got married will recognize you as married, then so will the UK.

Q6: What is the financial requirement for a UK spouse visa?

Ans. It is necessary to meet the financial requirements to show that you can be properly supported in the UK without using public funds. At least £18,600 in income is needed to meet the requirements. If you have children who are not British or settled, you will need to bring extra money with you.

The money needed can be obtained in several ways. It includes a job, self-employment, rental income, pension income, savings, and so on. It is sometimes possible to meet the criteria by combining different types of income. If you want to meet the Spouse cash requirement with savings, you will need at least £62,500. Plus extra money for any children who are involved. Most of the time, the part of the application that deals with money will be the hardest to put together. So, it can be helpful to talk to an immigration lawyer about this part of it.

Read more about the financial requirements of a spouse visa UK

Q7: What is the duration for the Home Office to process my UK Spouse visa application?

Ans. According to the Home Office, 95% of settlement applications submitted from outside the UK are decided within 12 weeks (3 months) of the application date (including spouse visas and some other categories under Appendix FM), and 100% are decided within 24 weeks (6 months) of the application date. To enable a quicker processing period, several application centers offer priority services to applicants seeking spouse visas.

A 24-hour application service is offered for persons residing in the UK. Services marked as priority will cost more.

Not all priority services will be available during COVID-19, therefore it’s advisable to research expected processing times before making reservations and avoid making firm travel arrangements until your application is processed. 

Q8: Can I engage in employment in the UK while residing as a Spouse?

Ans. Yes. Individuals who receive leave under the Spouse category are entitled to work in the UK.

Q9: What is the English requirement for UK Spouse visa?

Ans. If you want to apply for a partner or spouse visa for the first time, you can show that you can speak and understand English at least at level A1 on the Common European Framework of Reference for Languages (CEFR) scale. This had to be done by a service approved by the Home Office.

Q10: When I get my spouse’s visa, can we live with family or in a shared apartment?

Ans. Yes. The Immigration Rules say that you must have “adequate housing, with no access to public funds, for the family, including other family members who are not named on the application but live in the same household.”

There shouldn’t be a problem as long as the owner of the property gives you permission to live there and your living there won’t make it too crowded. Depending on your situation, the proof you need here will be different. You might want to get professional help from a visa lawyer.

Q11: What happens if the application for my spouse’s visa is denied?

Ans. You should be able to appeal if your spouse visa application is denied. Why is this? Because an application from a spouse is usually seen as a human rights claim. This case is set to be adjudicated in the UK, specifically at the First-Tier Tribunal (Immigration and Asylum Chamber).

You and your partner can appear in court together if you are in the UK. If you are not in the UK, your partner can still go. But you can write a statement and give evidence for the Tribunal to look at. It may be possible for you to give proof from afar if that is what is needed for your case. 

Again, if you want to appeal a decision to deny your spouse visa application, you should talk to and get help from a specialist immigration appeal lawyer.

Q12: What are the UK Settlement visa fees?

Ans. The registration fee for a spouse visa is around £1,523 if you live outside of the UK and £1052.20 if you live inside the UK.

Applicants must also pay the Immigration Health Surcharge. Moreover, it is £400 per year, or £1000 for the whole time they are on a spouse visa.

The Immigration Health Surcharge fees and government fees can change at any time. The Immigration Health Surcharge fees are expected to go up to £624 per year starting October 1, 2020. Applicants would then have to pay ~£1560.

Applicants can pay an extra fee of about £600 (outside the UK) for priority processing or £800 (inside the UK) for super priority service if they want their forms to be processed faster.

Disclaimer

This website and its articles are not meant to give legal advice, but rather to provide general information. We make every effort to ensure that the content is accurate, but we cannot guarantee that it is comprehensive or applicable to specific situations. If users have any particular legal issues or concerns, they should not rely solely on the information given and should instead consult a solicitor. We at UK Immigration Solicitors are not responsible for anything that people do or don’t do after reading our articles. For tailored advice or to discuss your specific situation, please contact our experienced UK immigration solicitors at 02033844389.

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