UK Marriage or Spouse Visa
A UK Marriage Visa or UK Spouse Visa is the same.
You can get your spouse (wife or your husband) to the UK if you are present and settled in the UK, which means that you should hold indefinite leave to remain in the UK or be a British Citizen.
Our experts and immigration specialists at Visa and Migration Ltd make the process of applying for UK Spouse Visas simple. We assure that there will be hassle free dealings when you arrive, solving your marriage visa problems. Our experienced caseworkers and regulated advisers take full care of your case and guides you through the process until your spouse is in the UK.
If your partner has been refused a marriage visa for any reason, we help you to appeal to overturn the decision of the Entry Clearance Officer or the Secretary of State.
Requirements for a UK Marriage or Spouse Visa
UK Spouse Visa or UK Marriage Visa applicants need to satisfy the following conditions:
- The parties in the marriage must have completed at least 18 years of age.
- Parties must have met each other, be legally married to each other and plan to live together in the UK as a married couple.
- There must be suitable accommodation for you to live in the UK.
- As an applicant for a UK Spouse Visa, one must be able to support his/her stay in the UK without any recourse to public funds
- For sponsoring the settlement of a spouse/partner one must meet the income threshold of £18,600. In the case of any dependent child, this limit is £22,400 for one child and an additional £2,400 for each further child.
- The applicant has to satisfy English Language requirement with a level A1 course. (The requirement will be changed to Level A2 for applicants submitting an application after May 2017 - for the purpose of Extension)
Financial Requirements for UK Marriage or Spouse Visas
Sponsors may meet the level of the financial requirement as applicable through employment, self-employment, cash savings, director of a company, rental income, etc.
Each category has a separate set of documents required to be submitted with the application, including:
- Sources of income and savings, as applicable
- Time periods and permitted combinations of sources as applicable to each permitted source relied upon for the purpose
- Documentary proof for each permitted source relied upon
Exceptions to meeting the threshold of Financial Requirements
Sponsors, if in receipt of any of the following, are not required to meet the prescribed financial requirement:
- Carer's Allowance
- Disability Living Allowance
- Severe Disablement Allowance
- Industrial Injuries Disablement Benefit
- Attendance Allowance
- Personal Independence Payment
However, you still need to meet the maintenance and accommodation requirement.
What Happens if the Partner or Spouse Cannot Meet the Financial Requirements?
An Exception may be made for “In-country” applicants if they do not qualify or meet the requirement for a grant of leave under the “EX.1” (Exception) paragraph of Appendix FM under Immigration Rules. The applicant in such cases has to show that he/she is a partner of a British/settled person in the UK and that there are “insurmountable obstacles” i.e. “degree of difficulty” to continue their family life outside the UK. Those in a parental relationship with a child (under 18) who is British/settled/ OR has lived in the UK 7 years before the date of the application and it would not be advisable or detrimental to expect the child to leave the UK. Considerations are given under the provision of Section 55 in the best interests of the child.
For obtaining a Spouse Visa the relationship must, without any doubt, be proved as genuine or subsisting with substantial evidence. In the case of refusal, the applicant will be given form to appeal with the refusal, if any. At Visa and Migration, the matter is examined and an appropriate advice is tendered if the applicant should opt for appeal or submit the fresh application. This will depend upon the circumstances from case to case.
Duration of UK Spouse or Marriage Visa
Initially, A UK Spouse Visa is granted for a period of 33 months if applying from outside the UK and 30 months inside the UK. Thereafter, the applicant will need to apply for an extension. After completing 5 years in the UK, the applicant is eligible to apply for Indefinite Leave to Remain in the UK (ILR) and, accordingly, British nationality.
The duration of leave is now given for one month and within this one month, the applicant needs to travel to the UK and collect their BRP card from their registered post office which was listed at the time of submitting entry clearance application.