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Spouse Visa

   




UK Spouse Visa


JOIN & SETTLE WITH

YOUR LOVED ONE IN THE UK

 

   





UK Spouse Visa



JOIN & SETTLE WITH YOUR LOVED ONE IN THE UK

 



Are you longing to reunite with your wife, husband or civil partner?

Do you wish they could join and live with you in the UK?


Learn more about the UK Spouse Visa, including the requirements, fees and other frequently asked questions on this page.


I regularly advise and assist clients with successful Spouse and Partner UK Visa applications.


Find out how my Award Winning Services can help you and your partner to settle in the UK Here.


GET A FREE ASSESSMENT OF YOUR UK PARTNER APPLICATION

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What is a UK Spouse Visa?

The UK Spouse Visa, also known as the marriage visa UK, gives permission to foreign spouses or partners of British citizens or settled individuals (e.g. a person with Indefinite Leave to Remain) to stay or remain and settle permanently in the UK.

Unfortunately, even if you are married or have formed a civil partnership with a British citizen, you do not have the automatic right to live and work in the UK. - You will need to apply for a Spouse Visa to join / remain and stay with your spouse or civil partner in the UK.


This visa falls under the umbrella of family member visas, which include the UK partner and dependant visas categories. Further details about the eligibility requirements for the spouse visa can be found further below.


If successful, the visa is granted for an initial (maximum) period of 2 years and 9 months. This can then be extended for a further 2 and a half years. Once you have reached a minimum of 5 years on the visa, you will then be eligible to apply for Indefinite Leave to Remain (ILR) in the UK. After obtaining ILR, you will be eligible to apply to naturalise as a British Citizen.

A couple together in London, representing a UK Spouse Visa application

Who Can Apply for a Spouse Visa UK?

Applicants that are eligible for the visa include those who are a married partner, a civil partner, or an unmarried partner (those who have been in a committed relationship, akin to a marriage, with their partner for 2 years or more) of the following individuals:



  • A British citizen
  • A person that has Indefinite Leave to Remain (ILR) in the UK
  • An EU National with Settled/Pre-Settled Status in the UK (under the EU Settlement Scheme)
  • An Irish National residing in the UK
  • A person with refugee or humanitarian protection immigration status
  • A Turkish Businessperson visa or Turkish Worker visa holder


The partner who has British citizenship or one of the other immigration statuses listed above, is referred to as the Sponsor. It is also important to note that the marriage or partnership must be genuine and subsisting, and the couple must intend to live together in the UK.


Fiancé(e) / Proposed Civil Partner Visas

A Fiancé(e) visa or Proposed Civil Partner visa enables you to enter the UK on the basis that you are joining your British or settled partner with the intention of marrying/forming a civil partnership within 6 months of joining them in the UK. Once married, you can then apply for Further Leave to Remain as a Spouse / Civil Partner.

Who needs to Apply for a UK 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 'Further Leave to Remain as a Partner' - 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 inside the UK (Further Leave to Remain under Family or Private Life).


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Eligibility Criteria for a UK Spouse Visa in 2024

In order for a spouse visa application to be successful, Applicants and there Sponsors must satisfy all of the requirements under Appendix FM of the Immigration Rules, which include:

  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)


Age Requirement

For a UK Spouse Visa application, the minimum age requirement for both partners is 18 years old. This age requirement applies regardless of whether the application is made in England, Wales, Scotland, or Northern Ireland. This is to protect potentially vulnerable individuals from exploitation.


Relationship Status

An essential requirement for a UK Spouse Visa is the relationship status of the applicant. You must be able to demonstrate that you and your British/settled partner are in a genuine subsisting relationship. Your marriage must be legally recognised in the UK, you have met each other physically in person and any previous relationship that you or your partner had with another person, has permanently broken down. Furthermore, the applicant and their spouse must not be within a prohibited degree of relationship, as specified in the Marriage Act 1949 and the Marriage (Prohibited Degrees of Relationship) Act 1986.


Factors which may be considered by the Home Office to assess that your relationship is genuine and subsisting include whether you and your spouse:



  • have been in a long-term relationship
  • currently live together or have lived together during your relationship
  • have children together (biological, adopted or step-children) and shared responsibility for them
  • have shared financial responsibilities and commitments
  • have visited each other in your respective countries and have met each other's families
  • have made definite plans concerning the practicalities of living together in the UK


Any doubts that the Home Office has as to the genuine and subsisting nature of your relationship, may result in them undertaking further checks, including interviewing you and your spouse or visiting you at your home.


A person counting money, representing the UK spouse visa financial requirements


UK Spouse Visa Financial Requirement


One of the most critical aspects of a UK Spouse Visa application is meeting the financial requirement. This requirement helps ensure that the couple can support themselves financially without relying on public funds.


The Minimum Income Threshold

The UK government sets a income threshold for the visa to ensure the couple, along with any dependent children, can support themselves financially without resorting to public funds throughout the duration of their leave in the UK. The minimum income threshold for a UK spouse visa is currently £29,000 gross per annum. The current UK government has now paused the previous government's plan to increase the threshold to £34,500 at an unspecified time in late 2024; and finally to around £38,700 by early 2025.


There is also no longer a separate child element to the minimum income requirement which was applicable under the previous rules.


Acceptable Sources of Income

The sources of income that qualify to meet the minimum income threshold for UK Partner applications are:


  • Salary from Employment*
  • Non-employment income e.g. rental income, income from investments, stocks and shares
  • Cash savings (over £16,000)
  • Pension Income
  • Self-employment income*
  • Income as a Director of a UK Limited company*


For entry clearance/leave to enter applications, only the sponsor's income from the specified sources (marked with an *) will be accepted by the Home Office. If the applicant is already in the UK and extending their current spouse visa, their income from any of the above sources can be used for their application. 


Suitable Accommodation

Additionally, you must also have adequate accommodation for you and any dependants that live with you in the UK. Accommodation will be deemed adequate if you and your partner will be living in a property that is:


  • Exclusively occupied or owned by you and your partner – do note that while part of the accommodation (e.g. the bedroom) must be for the exclusive use of you both, the remainder of the accommodation (e.g. the kitchen or bathroom) may be shared as part of a house-share or with family or friends.
  • Not overcrowded – whether accommodation is deemed overcrowded is dependant on the room size/s and the occupants’ age/s, but please note that all individuals (other than you and your partner) living in the accommodation will be taken into account when assessing if the property is overcrowded.


Exemption from the Financial Requirement

You are exempt from having to meet the minimum income threshold if your spouse/partner is in receipt of specific benefits or allowances listed below:


  • Disability living allowance
  • Severe disablement allowance
  • Personal Independence Payment
  • Carers’ allowance
  • Attendance allowance
  • Child Disability Payment
  • Adult Disability Payment
  • Industrial injury disablement benefit
  • Police Injury Pension
  • Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme
  • Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme
  • Industrial injury disablement benefit


In this instance, you will need to evidence that you and your partner have adequate accommodation and sufficient funds to support yourselves without any additional public funds. Your income and housing costs will be included in this assessment.


GET A FREE ASSESSMENT OF YOUR UK PARTNER APPLICATION
A person holding a chalkboard, representing the English language requirement for a UK Spouse Visa

The English Language Requirement

Unless you reside 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 English Language. This can be met by either:

  • Having a degree or academic qualification that was taught or researched in English and recognised by Ecctis (Formally UK NARIC)
  • Passing an approved English Language Test in speaking and listening at a minimum level of A1 of the Common European Framework of Reference for Languages (CEFR). - For a spouse visa extension, you will need to be to pass a test at a minimum level of A2.


You are exempt from meeting the English language requirement if:

  • You are aged 65 years or over
  • You have a physical or mental condition that prevents you from meeting the requirement


TB Test Requirement

If you have been living in a country (for 6 months or more and within the last 6 months) which is listed in the Home Office's list of countries that require tuberculosis (TB) screening, you will also be required to take a TB test at a Home Office approved clinic.


At the test, you’ll be given a chest x-ray to test for TB. If the result of the x-ray is not clear you may also be asked to give a sputum sample (phlegm coughed up from your lungs).

If your test confirms that you are clear, you will be given a certificate which is valid for 6 months from the date of your x-ray which you will need to provide as part of your application.


a set of folders and documents representing supporting documents required for a spouse visa uk

What Documents are Required for a Spouse Visa?


To demonstrate that all of the requirements are met, supporting documents from both the Applicants and their British/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 relevant for your specific circumstances. The information and the relevant documents you must provide can include:


  • Your completed application form and confirmation of paying the application fees
  • Your current passport or valid travel document
  • Your previous passports including visa stamps
  • Evidence of your genuine and subsisting relationship (e.g. marriage certificate, photographs, communication with each other).
  • Proof you meet the English language requirements (e.g. English language test certificate).
  • Proof you meet the financial requirements (e.g. bank statements, letter from employer, payslips)
  • Details of any previous immigration applications you have made
  • Details of any criminal convictions
  • Your national insurance number (if you have one)
  • Proof of adequate accommodation in the UK
  • Biometric information (fingerprints and a digital photograph).
  • Tuberculosis test certificate (if applicable)

Want more Professional Support and Guidance for your

UK Spouse Visa Application?

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We take huge pride in helping thousands of couples to successfully navigate the UK Spouse / Partner Application process.


To help you achieve a successful outcome for you/your loved one(s), we have put together a range of Services and Tools specifically for UK Spouse and Partner Visa Applications including Step-by-Step Guides, Templates, DIY Application Packs, Documents Checking Service and More!

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How Much does a UK Spouse Visa Application Cost?

The Home Office Fee

The Current Home Office fee for all family member visa applications made outside the UK is £1,846. For applications made inside the UK (i.e. for extensions or those switching to the partner route from another visa category), the fee is £1,258.


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 visa applications). The IHS fee for applications being made inside the UK is currently £2,587.50.


Keyboard with apply button representing applying for a uk partner visa

Application Process for a UK Spouse Visa

The application for a UK partner and spouse visa is completed online (on the Home Office website). The application process can be broken down in the following steps:

  1. Be sure you satisfy the eligibility requirements for a spouse visa
  2. Gather and organise your supporting documents
  3. Complete and submit the application form online (note: If you are applying outside the UK i.e. for entry clearance with any dependants, you will need to submit a separate application for each one, and pay the required fee/s)
  4. Make the IHS fee and application fee payments
  5. Book your Biometric appointment at your local Visa Application Centre (VAC)
  6. Attend your VAC appointment to provide your biometrics (your photo and fingerprints)
  7. Await your decision from the Home Office

How Long Does a Spouse Visa Application Take?

The average time for the Home Office to make a decision on a partner visa uk application is currently 3 to 4 months. The official guidance for a decision is within 24 weeks.

You also have the option to fast track your application by paying an additional fee (for the Priority Service).


Priority Service for Applications outside the UK

If you are applying outside the UK, the fee for the Priority Service is currently £500. If you opt for this, you should get a decision within 30 working days.


Priority Service for Applications outside the UK

If you are applying from inside the UK, the fee for the (Super) Priority Service is currently £1,000. If you opt for this, you will get a decision within 1 to 2 working days.


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 

You Can:

 

  • Apply for this visa outside the UK
  • Switch to this visa from another visa category from inside the UK (*not as a visitor/tourist)
  • 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 to do so i.e. have been in the UK on this visa for the required period of time (5 years)

 

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What Happens When the Application is Successful or Unsuccessful?


If your Spouse Visa Application is Successful


If an application is successful, the Applicant is granted with a visa (*vignette stamp), which is stamped on their passport for entry clearance to the UK (this is usually valid for a period between 60 to 90 days). You will be granted a maximum period of 33 months (2 years and 9 months) leave to remain in the UK. The expiry date of your leave will be confirmed in your decision letter and on your *eVisa which you will access via your UKVI account. You will also be issued a *Biometric Residence Permit (BRP) Card which must be collected at your allocated Post Office in the UK. The BRP Card confirms your immigration status in the UK and is required to travel in and out of the UK.


*The Home Office are in the process of replacing physical documents, such as BRP cards and vignette stickers, with an online digital system that has records of all migrants' immigration status in the UK. This is known as an eVisa.

This is also why any BRP issued now will have an expiry date of 31/12/2024. - Until the end of 2024 you will still need to carry your physical BRP Card when you travel in and out of the UK.

 

Spouse Visa Extension

Before your current visa expires you can extend your leave for a further 2 and a half years. Your relationship with your spouse must remain genuine and subsisting, and you must be able to satisfy all the requirements for Further Leave to Remain as a Spouse (FLR M).


Eligibility for Indefinite Leave to Remain as a Spouse

Once you reach a minimum (continuous) period of 5 years' on your spouse visa, you will be eligible to apply for Indefinite Leave to Remain in the UK (ILR). Having ILR, also known as having settled status or permanent residence, means you are free of immigration control with the permission to live, work and/or study in the UK for as long as you like, and also apply for benefits if you’re eligible.

Once you have acquired Indefinite Leave to Remain, you are also eligible to apply for British citizenship.


If your application is Unsuccessful

If your application is refused, you can make a fresh application, or you also have the option to appeal the decision to the First-tier Tribunal (Immigration and Asylum Chamber).

It is important to note that Immigration appeals can take many months to be heard and determined. It is highly recommended that applicants seek legal advice before proceeding to appeal a spouse visa refusal decision.


If your spouse or partner visa application has been refused, contact us to discuss and assess your options to ensure a successful outcome for you and your partner.


uk spouse visa applicants


Can I include Children on my Application?


Children under the age of 18 can apply with you. The relevant Home Office and IHS fees for must also be paid for each dependent that is also applying. If you are making your application(s) outside the UK, a separate application form must be completed for each child.


Any dependent children over 18 that are with you in the UK can only apply with you providing they were originally granted leave in this category when they were under 18 and do not live an independent life e.g. They have left home, are married and have a family of their own.


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.

  • How much are the fees for a spouse visa?

    The current fee for a Partner Visa application to come to the UK is currently £1,846. For applications inside the UK (extensions or switching to the Partner route from another visa), the fee is currently £1,258.


    Note that the Application fee is ONLY refundable if the applicant has not attended their biometric appointment. Otherwise, the fee is non-refundable.


    For applications outside the UK, the fee is payable in the local currency where the Applicant is applying, or in USD. This is something to keep in mind, as the fee can sometimes be more than the stated amount in GBP (£s), as this will depend on the currency exchange rate on the day the payment is made.

  • Is the visa fee for a Partner Visa refundable if the application is refused?

    No, the visa fee is not refundable if the application is refused.

  • What other fees do I also need to consider?

    As well as the visa fees, there is also the Immigration Health Surcharge (I.H.S) fee, which is a mandatory fee. This enables the Applicant to access the NHS. 

    The current fee is £1,035 for every year of the visa and must be paid in full. 


    As the Entry Clearance visa is valid for 33 months, the total fee is £3,105. For applications inside the UK, where the leave is valid for 30 months, the total fee is £2,587.50


    The IHS fee can only be paid online, and only after the application form has been submitted.


    If the Applicant is a national or a resident of a country that is not exempt from meeting the English language test requirement, then another fee to bear in mind is for the Applicant to pass a Home Office-approved Secure English Language Test (SELT) or obtain a letter from UK NARIC in order to meet the English language test requirement. The fee for which can cost from £150.


    Also, if the Applicant is a national or a resident of a country that is not exempt from meeting the Tuberculosis (TB) Test requirement, then another fee to bear in mind is for the Applicant to take the TB test and obtain a certificate from a Home Office approved clinic/hospital.


    For a further look into the hidden costs you need to consider when making a partner visa application, checkout this article.

  • My spouse does not speak English and is illiterate. He/She does not have any mental health issues or physical disability. He/She is 40 years old. Does he/she need to pass the English Language test?

    If the Applicant is a national or a resident of a country that is not exempt from meeting the English language test requirement, and they are under the age of 65, and they do not have any physical and/or mental health reasons that would prevent them from taking the test, or they do not have a Bachelor's/Master's Degree that was taught or researched exclusively in English, then they must pass the English language test in order to meet the requirement.

  • How long does the application process take? My spouse and I would like it to be finished in a month, is that possible?

    On average, the UKVI can take between 3 to 4 months to make a decision on a Spouse Visa application. Complex cases (such as those that have been previously refused or those with adverse immigration history in the UK) may take longer. The actual time it takes depends on a case-by-case basis.


    Applicants can also opt to pay an additional fee to the UKVI for their application to be expedited to within 30 working days. This is called the Priority Visa Service (PVS) and is an additional fee of £500. This is payable online or at the visa centre on the day of the biometric appointment, and is payable in the local currency or in USD.

  • What is the Priority Visa Service? (PVS)

    The PVS is an additional service available for those who would like to receive a decision sooner than 3 to 4 months.

    For Entry Clearance applications, the UKVI takes between 30 to 60 working days (Monday to Friday) to make a decision on the application, if the PVS is paid.  For Further Leave to Remain Applications, you will get a decision within 1 to 2 working days if you opt for the (Super) PVS.


    However, the PVS is not recommended for those who have previously been refused a UK visa, or those with complex cases such as those who have had adverse immigration history in the UK, (for instance if they previously lived illegally in the UK before returning home and applying for a spouse visa).

  • What are the supporting documents required for a Spouse Visa?

    There are many documents involved for a spouse visa application. Once I am instructed, Not all cases are the same and every circumstances are different, which means that the type of documents you submit to the UKVI will depend on your circumstances. It is not a case of "one-size, fits all."


    As with all applications made to the UKVI, the QUALITY of the documents trumps the QUANTITY of the documents submitted. In almost all cases for spouse visa applications, the Applicant and/or the Sponsor are not interviewed, and even when they are, this is usually part of the UKVI's decision-making process. 


    Therefore, the onus is ALWAYS on the Applicants and their Sponsors to submit their relevant documents to the UKVI as part of the application process. The UKVI will base their decision on these documents. 


    It is also important to bear in mind that the UKVI do not chase up the Applicants and the Sponsors for their documents. It is only in certain circumstances that they will do so, for instance, to ask for a bank statement if this is part of a sequence of bank statements. For example, the Sponsor submitted bank statements for January until December 2023, but the bank statement for July 2023 is missing. In this case, the UKVI MAY ask for the July 2023 bank statement.


    However, in my experience, the UKVI rarely ask for additional documents and they are not legally bound to do so, either.


    This is why the supporting documents are vital to the Applicant's application. Your future life in the UK effectively depends on these.


    I also offer a Documents Checking Service where I will review your documents and advice you on these before you submit them to the UKVI. If you also want your application reviewed before you submit it, I can also check this (in addtion to the supporting documents). This service is available for those who do not wish to instruct a solicitor for a full-service (handle the entire application process on their behalf). This offers peace of mind knowing that you have done your utmost to ensure that your application has a high chance of succeeding, so this service can (and has proved to) be priceless.

  • What happens if the application gets refused?

    The Applicant is usually given the right of appeal the decision or make a fresh application.

  • Is there a deadline to appeal a Spouse Visa Refusal?

    The Applicant has 28 days from the date of the decision to submit the Notice of Appeal form to the Immigration Asylum Chambers (IAC), which will then be placed at the First Tier Tribunal (FTT) in the UK. The appeal can either be an oral hearing, or a paper hearing. I always advise on having an oral hearing as this gives the Sponsor, and/or their legal representatives (if the Sponsor is unable to attend), the opportunity to present their case effectively to an Immigration Judge. A paper hearing does not provide such an opportunity because the IJ's decision will be based solely on the documents presented to them by the UKVI and the Applicant and Sponsor.

  • When will we get a decision on an appeal?

    The disadvantage of appealing is that it can take up to a year before a hearing (oral or paper) is listed by the FTT. In between that, the UKVI should review their decision, however, this is not always a guarantee, and in some cases, the UKVI will simply wait for the appeal to proceed, even if their prospects of success is low. 


    Another disadvantage is the costs involved, especially if you would like a legal representative to advise and assist you with your appeal. The costs can start from £2,500 and upwards, depending on the complexity of each case.


    Many Applicants are deterred by the time and costs involved in appealing, and so choose instead to submit a fresh application, which they can do whenever they are ready to proceed.


    Nevertheless, in some instances, it may be advisable to appeal against the decision. This will, as always, depend on the reasons for the refusal of the application.

  • I have heard about the financial requirement for a spouse visa but I don't understand it. What is this requirement and do we need to satisfy this?

    The financial requirement is only one of the requirements for a Spouse Visa, but is also one of the most important ones to meet. Many Spouse Visa applications get refused by the UKVI because the Financial Requirement was not demonstrated to be satisfied.


    There are many categories within the Financial Requirement itself, which can make it complex. In essence, if the Sponsor is working, they must show that they are earning at least £29,000 gross per annum (i.e. salary before tax is deducted). - This is called the minimum income threshold.

  • What if I earn less than the minimum income threshold?

    In some instances, the UKVI will accept other types of income (for instance non-employment income such as rental income), to add with the Sponsor's salary from their employment. This area requires  detailed advice and will depend on your specific circumstances.

  • Can I still get a Spouse Visa if I don’t meet the financial requirements?

    Yes, and this will depend on the Sponsor's individual circumstances. For instance, if they have a cash savings of at least £88,500, and/or they are in receipt of certain welfare benefits.

  • My partner (the one who is coming to join me in the UK) is working and earns a good salary. Can their income be included in the financial requirement?

    If the Applicant is submitting an application for entry clearance as a spouse, in order to enter and live in the UK, then the answer unfortunately, is NO.


    For employment income, the financial requirement for entry clearance as a Spouse can only be met by the SPONSOR.


    However, if the Applicant is making an application for leave to remain as a spouse, while they are living in the UK with an unexpired visa valid for more than 6 months (for instance as a student or as a worker), i.e. they are switching to a different immigration category, then YES, their employment income can be included or combined with the Sponsor's income, in order to meet the financial requirement.

  • I am in the UK on a Student/Skilled Worker visa. Can I switch to a Spouse Visa?

    Yes.  If you marry/become civil partners with a British national or settled person, you would be eligible to switch from your current visa and apply for further leave to remain as a spouse of a person present and settled in the UK (FLR M). 

  • Can I settle in the UK on a Spouse Visa?

    Yes, you can, although this will take a few years. The initial spouse visa is granted for a period of at least 2 and a half years. Shortly before this expires, the applicant must apply to extend their stay, or apply for what is otherwise known as further leave to remain in the UK as a spouse. If successful, this is granted for a further 2 and a half year period.


    Once the applicant has had at least 5 years' leave as a spouse, the applicant will be eligible to apply for Indefinite Leave to Remain (ILR) providing they meet the requirements for ILR.

  • What happens if my relationship ends?

    If your marriage breaks down while you have leave to enter/remain in the UK as a spouse, i.e. during the 5-year period, your leave may be curtailed (shortened) by the Home Office, and you will receive a notification from the Home Office confirming this. This usually happens if the applicant's Sponsor informs the Home Office that the marriage has broken down.


    For example, if your current leave does not expire until December 2024, but your relationship breaks down and you separate from your spouse in July 2024, and the Home Office is made aware of the breakdown of your marriage, the Home Office can shorten the validity of the visa from December 2024, to August or September 2024, i.e. at least 60 days.


    Even if this does not happen, when you are eligible to apply for an extension or ILR, you may not be eligible to do so since you are no longer with your spouse/Sponsor.


    There are exceptions to this, and this will include if the marriage breaks down because of domestic violence, for instance. In such cases, it would be advisable for the applicant to obtain legal advice as to what, if any, you can do to regularise your stay in the UK.

  • How soon can you get our application ready? We are eager to get this going in the next few weeks so that we can enrol our children at a nearby school in the UK.

    My average turnaround time is 8 to 12 weeks. This is subject to whether the Applicant and the Sponsor have all their documents ready. 


    If time is of the essence, and clients would like to have their application and supporting documents submitted within a week, or within less than 2 weeks, I can also accommodate this, although I will have to charge an additional fee on top of my usual fees. The additional fees will be communicated with you from the outset and agreed upon by all of us before any work is commenced.

  • I am a British citizen married to a Filipino national. I am working in the UK. We do not have children (together or with previous partners). How can my wife join me in the UK permanently?

    Your wife will have to apply for a spouse visa in order to join you in the UK permanently. If she is not already in the UK with a visa valid for longer than 6 months (not a visitor's visa), she will have to submit the application and her biometric information at her local visa centre in the Philippines.


    You will need to ensure that your wife meets all of the requirements for a spouse visa.

  • I am an Indian national and have Indefinite Leave to Remain in the UK. I am working in the UK and have a stable job. My wife is in India and looks after our son, who is 2 years old. I visit them every year but this is not enough. I miss them dearly. How can I bring them over to the UK to join me here permanently?

    Your wife and son will have to apply for a Spouse visa and for a dependent child visa in order to join you permanently in the UK. You will have to ensure that you meet the requirements for a spouse visa, including the financial requirement.

  • I am a British citizen and separated from my wife. I am in a new relationship with a Chinese national and we would like to get married in China. How can I get her to join me in the UK permanently?

    You will first need to obtain your final divorce certificate (or Decree Absolute if you are both domiciled in the UK) before your new partner can apply to join you in the UK. This is a requirement under the Relationship Requirement rule. It states that any previous relationships (of the Applicant and the Sponsor) must have permanently broken down before an application for a Partner visa is submitted.


    Once this is obtained, you must then decide where you will marry. If you wish to get married in the UK, then your partner must apply for a fiance visa (or proposed civil partner for those in same-sex relationships).

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Sample Partner Visa Cases: Below are some examples of previous cases Melanie Wong has 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 £18,600 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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