How can my Spouse/Partner come to join me in the UK permanently?
Can I Apply for a UK Spouse/Partner Visa?
- If you are a non-British Citizen living outside the UK, you need to apply for the appropriate Partner Visa to join your British or "Settled Partner" in the UK.
- For non-British citizens living in the UK legally, (with a valid visa/leave to remain issued for more than 6 months, i.e. not a visitor, and whose visa/leave has not yet expired), you can apply for a Partner Visa while you are in the UK and remain in the UK. - If this is your situation, find out more about Form FLR (M) here.
- For non-British citizens living in the UK as a visitor, or as an overstayer not having a valid visa, you must return home and submit an application from there, unless there are children or other compelling factors involved, which could enable you to submit an application from the UK.
- Partner Visas include applications for a Fiance(e), or Proposed Civil Partner, an Unmarried Partner (for those who have been in a committed relationship, akin to a marriage, with their partner for 2 years or more), a Spouse, or a Civil Partner.
How Much does a Civil Partner Visa Cost?
The Home Office Fee
The Current Home Office fee for all partner visa applications made outside the UK is
£1,938. For applications made inside the UK (using
Form FLR M), the fee is
£1,321. Note, that you would typically only 'make an application inside the UK' if you are either switching from a Fiancé(e)/Proposed Civil Partner visa to a Spouse/Civil Partner Visa (once you are married), or you are extending your existing spouse visa to remain in the UK.
The Immigration Health Surcharge
For all partner visas with a term over 6 months (i.e. NOT Fiancé(e) or proposed civil partner visas), you will also need to pay for the Immigration Health charge which gives you access to the National Health Service (NHS) for the duration of your visa term. This fee is mandatory and is currently £3,105 (for entry clearance visas applications) and £2,587.50 (for FLR M/applications being made inside).
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UK Partner Visa Application?
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How Long Does a UK Partner Visa Application Take?
The average time for the Home Office to make a decision on a partner visa uk application is currently 2-3 months. You also have the option to fast track your application by paying an additional premium/fee.
Delays in your application being processed can occur if the Home office require more information or further documents to support your application.
What you Can and Can't do on a Partner Visa UK
Fiancé(e) Visas:
You Can:
- Apply for this visa outside the UK
- Get Married during your stay
- Switch to a Spouse Visa and remain in the UK (via FLR M) once you are married
You Cannot
- Apply for/switch to this visa from another visa category while you are in the UK
- Work
- Study
- Extend your existing visa/stay in the UK with another Fiancé(e) visa application (*with some exceptions)
Spouse Visas:
You Can:
- Apply for this visa outside the UK
- Switch to this visa from another valid visa category and remain in the UK (via FLR M) once you are married
- Extend your visa to remain in the UK (via FLR M)
- Work
- Study
You Cannot:
- Claim benefits/other public funds for you or your dependants (though there are exceptions to this)
- Apply for UK settlement until you are eligible i.e. have been in the UK for the required period of years
What Are the Requirements?
For an application to be successful, Applicants must satisfy all of the requirements under Appendix FM of the Immigration Rules, such as:
1. The Suitability Test Requirement; and
2. The Eligibility Requirement, which includes the Relationship Requirement, the Financial Requirement and the Accommodation Requirement;
3. The English Language Requirement; (if they are citizens of countries that are not exempted from meeting the English language requirement) and
4. The Tuberculosis Test Requirement (if they are citizens of certain countries, as listed by the Home Office)
How Can We Satisfy The Requirements?
To demonstrate that all of the requirements are met, supporting documents from both the Applicants and their Settled Partner must be submitted, AND that these documents comply with Appendix FM-SE (Supporting Evidence) of the Immigration Rules , i.e. the documents you submit must be specific. It is the quality of the documents that is important, not the quantity.
What Happens When The Application is Successful or Unsuccessful?
- If an application is successful, the Applicant is granted with a visa, which is stamped on their passport. If applying as a Fiance(e) or a Proposed Civil Partner, the visa is granted for a maximum period of 6 months. Once they are married, they can then apply to the Home Office (without leaving the UK) to switch to leave to remain as a civil partner/spouse. If applying as a Spouse / Civil Partner/ Unmarried Partner, the visa is granted for a maximum period of 33 months (just over 2 and a half years), which they can then extend for a further 2 and a half years. Once the applicant has had a minimum of 5 years' partner visa, they will then be eligible to apply for Indefinite Leave to Remain (ILR) in the UK.
- If an application is unsuccessful, the Applicant may have a right of appeal to the Immigration Appeal Chambers, (IAC), or they can re-apply again.
Can I include Children on my Application?
Children under the age of 18 can apply with you. Dependent children over 18, however cannot apply with you unless they were originally granted leave in this category when they were under 18 and do not live an independant life e.g. They have left home, are married and have a family of their own. Note that you must also pay the respective Home Office and IHS fees for each dependent that is also applying.
Are there other Requirements?
The Financial requirement
In order to satisfy the financial requirement you must meet a minimum income threshold of £29,000 (*For all new applications being made on or after 11 April 2024).
You can meet this via your partner's income from employment or self-employment. You can also meet this with cash savings over £16,000, pensions, maternity allowances or bereavement benefits received in the UK.
You are exempt from having to meet the minimum income threshold if your spouse/partner is in receipt of specific benefits or allowances. In which case, you will need to provide evidence of adequate maintenance for you and any dependants.
Accomodation
Additionally, you must also have adequate accommodation for you and any dependants that live with you.
The English language requirement
Unless you resided in a country where English is the primary/dominant language e.g. USA or Australia, you will need to demonstrate you have good knowledge of the the English Language.
This can be met by having a degree or academic qualification that was taught or researched in English and recognised by UK NARIC otherwise you will need to take an English Language Test.
These are the primary requirements but there are many other elements for a successful UK Partner Visa application. There is whole host of information you must provide, and the type of supporting documents you and your sponsor must include, will depend on you and your partner's own circumstances.
It is not a cheap visa application to make, and any mistakes could be costly and stressful should your application be refused as a result.
If you have any concerns about meeting the requirements, or submitting the correct documents to support your application,
Contact Us now for expert advice and full peace of mind that your application will be successful.
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Frequently Asked Questions -
UK Partner Visas
Sample Partner Visa Cases: Below are some examples of previous cases I have handled
1. Fiancée Visa Application:
Question: A is a British national living and working in the UK. B is an American citizen currently living and working in America. They are engaged and have already met in person. They would like to get married in the UK and for B to eventually settle in the UK with A permanently. A cannot travel to America because of a previous criminal conviction, and so they cannot marry in America. What can they do?
Answer: Because A is a British national, and B is a non-EU National and would require a visa to settle permanently in the UK, B has to apply for a fiancée visa, or what is termed as "entry clearance as a fiancée of a person present and settled in the UK."
The first step is to ensure that they have gathered all of the supporting documents they need to submit in support of the application.
Once all of these are ready, the application form must then be completed online and submitted. The couple also need to ensure they know the procedure of submitting the documents i.e. whether they can be uploaded electronically or brought with them at the biometric appointment (see post on where to submit supporting documents here).
The biometric appointment must then be booked and the visa fee paid. I always advise for the visa fee to be paid online to ensure less delays for the applicant when they attend their biometric appointment. (For fiancé(e)/proposed civil partner applications, the I.H.S. fee is not applicable). Then the applicant attends their biometric appointment and wait for the decision from the UKVI.
If the application is successful, their passport will be stamped with a "vignette" which will be valid for 6 months, maximum. B must enter the UK within this time frame, and also get married.
As soon as they are married, or at least 28 days before their fiancée visa expires, B must then apply for leave to remain in the UK as a spouse of a person present and settled in the UK. This is a separate application which means paying a separate fee to the Home Office, as well as the I.H.S fee. The application can be made while B is in the UK. If successful, B will be granted with an initial 2 and a half year leave. B will then need to apply for an extension shortly before this expires (at least 28 days before expiry). If the extension application is successful, B will be granted with a further 2 and a half year leave. After at least 5 years on the Spouse Visa route, B will be eligible to apply for Indefinite Leave to Remain (ILR) in the UK, providing all of the requirements for ILR are met.
2. Spouse Visa Application- British Spouse is Living and Working in the UK and earns at least £29,000 gross per year
C is a British national and recently got married to her husband, D, in India. He is an Indian national. They do not have children together or with former partners. C lives with her parents in their house in Kent, which they own. C also lives with her brother, his wife and their 2 children aged 2 and 5, also in the property. The property has 4 bedrooms and 2 separate reception rooms. C would like for D to join her permanently in the UK.
D requires a visa to enter and remain in the UK, and so would need to apply for a spouse visa to join C permanently in the UK. As above, they must ensure that they have gathered all of their supporting documents first before submitting an application form online. The visa fee and the IHS fee must also be paid, and the biometric appointment booked. D must attend the biometric appointment and bring with him all of the supporting documents, which he or a member of staff at the visa centre, must scan. The scanned documents will then be sent to the UKVI electronically.
D must then wait for the decision. As they did not pay for the Priority Visa Service to expedite the application, the decision takes about 4 months. If the application is successful, D will have a vignette on his passport which will only be valid for 30 days. He must then travel to the UK within this time frame. Within 10 days of arriving in the UK, or at least before his vignette expires, he must obtain his Biometric Residence Permit (BRP) Card from his local participating Post Office. The BRP Card is important because it confirms his details as well as his immigration status in the UK- i.e. that he has a spouse visa. The issue date and the expiry date will also be on the BRP card.
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