If you are a foreign national looking to live in the UK with your UK citizen spouse, the Spouse Visa or UK Marriage Visa is your pathway to settle in the United Kingdom. This visa allows you to live, work, and study in the UK and can eventually lead to permanent residency and even British citizenship.
This article provides a comprehensive guide to obtaining a UK visa by marrying a UK citizen, covering eligibility criteria, application steps, required documentation, and important details about the process.
What is the UK Spouse Visa?
A UK Spouse Visa, also known as the Marriage Visa, is a type of family visa designed for non-UK citizens who are married to a UK citizen or settled person (someone with indefinite leave to remain). This visa permits the foreign spouse to move to the UK and live with their partner.
The visa is issued for an initial period of 2.5 years (30 months), after which it can be extended. After living in the UK for a total of 5 years, you may apply for Indefinite Leave to Remain (ILR), which is the UK’s version of permanent residency. After ILR, you can eventually apply for British citizenship.
Eligibility Requirements for the UK Spouse Visa
Both the UK citizen and the foreign spouse must meet several requirements to qualify for the UK Spouse Visa. These requirements ensure that the marriage is genuine and that the couple can financially support themselves.
1. Relationship Requirements:
To qualify for a UK Spouse Visa, you must:
- Be legally married to a UK citizen or settled person.
- Be in a genuine and subsisting relationship (you must prove that the relationship is real and ongoing).
- Plan to live together permanently in the UK.
2. Financial Requirements:
One of the most important parts of the Spouse Visa application is meeting the financial requirement. This ensures that the UK partner can financially support the foreign spouse without relying on public funds.
- The UK citizen must have a minimum annual income of £18,600 (before tax). This increases if you have children who are not British citizens:
- £22,400 for one child.
- An additional £2,400 for each additional child.
- If the income requirement cannot be met through earnings, the UK citizen can use savings. You must have at least £62,500 in savings if relying solely on this method.
- Income from employment, self-employment, pensions, or certain benefits can be used to meet the financial requirement.
3. English Language Requirement:
The foreign spouse must demonstrate proficiency in the English language. You can meet this requirement by:
- Passing an approved English language test at the A1 level or higher.
- Having an academic degree that was taught in English and is recognized by the UK as equivalent to a UK degree.
- Being from a majority English-speaking country (such as the U.S., Canada, or Australia).
4. Accommodation Requirement:
You must prove that you and your spouse will have adequate accommodation in the UK. This means that your living arrangements must meet UK housing standards and not be overcrowded. You may need to provide evidence of your rental agreement or mortgage, and details of the property.
5. Other Eligibility Criteria:
- Both spouses must be at least 18 years old.
- Both spouses must plan to live together permanently in the UK.
- The foreign spouse must meet the UK’s character and health requirements, including passing a criminal background check and possibly a medical exam (depending on your country of origin).
Required Documents for the UK Spouse Visa Application
When applying for a UK Spouse Visa, you will need to provide several documents to support your application and prove that you meet all the eligibility criteria.
Key Documents Include:
- Valid passport for both the applicant and the UK spouse.
- Marriage certificate to prove the legal marriage.
- Proof of relationship: Photos, correspondence, travel history together, and statements from friends and family can help show that your relationship is genuine.
- Proof of UK citizenship or settled status: This could be a passport, ILR card, or British citizenship certificate.
- Evidence of income: Payslips, tax returns (if self-employed), bank statements, and employment contracts to show that the financial requirement is met.
- Proof of accommodation: Rental agreement or proof of home ownership, along with utility bills.
- English language test certificate, if applicable.
- TB test results if you are applying from a country where tuberculosis testing is required for visas longer than 6 months.
Make sure that all documents are translated into English if they are in another language and that copies are clear and legible.
How to Apply for the UK Spouse Visa
1. Online Application:
The first step is to submit your application online. The foreign spouse should apply using the UK Visa and Immigration (UKVI) website. You will need to create an account, fill out the application form, and pay the application fee.
2. Pay the Immigration Health Surcharge (IHS):
You are required to pay the Immigration Health Surcharge (IHS), which allows you to access the National Health Service (NHS) during your stay in the UK. As of 2024, the IHS is approximately £624 per year, meaning a 2.5-year visa will cost around £1,560.
3. Submit Biometric Information:
As part of the application, you will need to attend a biometric appointment to provide fingerprints and a photograph. This is required for your Biometric Residence Permit (BRP), which you will collect after arriving in the UK.
4. Submit Supporting Documents:
You must submit all supporting documents to prove that you meet the visa requirements. This can be done either online (by uploading scanned copies) or by sending the documents to the UK Visa Application Centre, depending on where you are applying from.
5. Attend Visa Interview (If Required):
In some cases, you may be called for an interview at your local UK Visa Application Centre or British Embassy. During the interview, you may be asked questions about your relationship, your marriage, and your plans in the UK. Be honest and provide accurate information.
UK Spouse Visa Fees
As of 2024, the application fee for a UK Spouse Visa is £1,538 if you are applying from outside the UK, or £1,048 if you are applying from within the UK to switch or extend your visa. These fees do not include the Immigration Health Surcharge (IHS).
Spouse Visa Processing Times
The processing time for a UK Spouse Visa varies depending on whether you are applying from inside or outside the UK. Generally, it can take:
- 3 to 6 months if applying from outside the UK.
- 8 to 12 weeks if applying from within the UK.
However, processing times can be longer depending on the complexity of your case and the volume of applications being processed.
After Your Visa Is Granted
Once your UK Spouse Visa is granted, you can enter the UK and begin your new life with your spouse. Here’s what you need to know:
1. Length of Stay:
The initial visa will be issued for 30 months (2.5 years). You must apply for an extension before it expires.
2. Visa Extensions:
Before your initial visa expires, you can apply for a Spouse Visa extension for another 30 months. This extension is necessary to reach the 5-year requirement for Indefinite Leave to Remain (ILR).
3. Indefinite Leave to Remain (ILR):
After 5 years of continuous residency in the UK, you can apply for Indefinite Leave to Remain (ILR). ILR grants you permanent residency in the UK, meaning you can live, work, and study in the UK without any immigration restrictions.
4. Path to British Citizenship:
After holding ILR for 12 months, you may be eligible to apply for British citizenship if you meet the necessary requirements (such as passing the Life in the UK Test and demonstrating English proficiency at a higher level).
Common Reasons for Visa Refusal
Visa refusals can occur for a variety of reasons, such as:
- Insufficient financial evidence: Failing to meet the minimum income threshold or not providing enough proof of income.
- Lack of evidence of relationship: Not providing adequate documentation to prove your marriage or relationship is genuine.
- Inadequate accommodation: Failing to prove that you have suitable living arrangements in the UK.
- Failure to meet the English language requirement: Not passing the required English language test or providing the necessary proof of English language skills.
If your visa is refused, you may have the option to appeal the decision or reapply with additional documentation.
Conclusion
The UK Spouse Visa is an excellent way for foreign nationals to join their UK citizen spouses and start a life together in the United Kingdom. However, the application process is detailed and requires careful attention to documentation and eligibility requirements.
By ensuring that you meet the financial, relationship, and language criteria, and providing strong supporting evidence, you can increase your chances of obtaining a UK Spouse Visa and beginning your journey toward permanent residency and British citizenship.