Immigrating to UK by Marriage: Requirements, Checklist, and How to Apply

ByJane

The UK spouse visa remains a difficult immigration route to the UK. To prevent fake marriages and prevent non-genuine spouses from entering the UK, visa and evidential standards for applicants are tough, which can be difficult even for real couples. This makes it vital to complete the spouse visa application process correctly.

If the couple fails to meet the visa requirements, their application will be denied, the cost will be forfeited, and they will be forced to start over.

It’s a scenario that applicants are under pressure to avoid, so applicants and their advisers must put together the strongest possible application and accompanying documents to prevent a refusal.

The Necessary UK spouse visa requirements

To successfully apply for a UK partner and spouse visa, you must complete a set of qualifying conditions, which include producing evidence of:

1. Genuine relationship requirements.

You will need to demonstrate that you are in an eligible relationship, as follows:

  • To enter the UK, you must be in a legally recognized civil partnership or marriage, have been in a relationship for at least 2 years, or plan to marry or join a civil partnership within 6 months of arrival.
  • Crucially, UK Visas and Immigration (UKVI) will seek to ensure that you are in a genuine and ongoing relationship. As a result, they are constantly alert to the possibility of “sham” marriages or partnerships, in which applicants falsely claim to be in an eligible relationship when they are not.
  • If you are unsure whether you fit the standards for a real relationship, speak with one of our immigration solicitors, who can confirm this for you.

2. Financial requirements for the spouse visa.

The spouse visa application requires the applicant and their UK-based partner to have a minimum gross annual income of £29,000. According to the most recent update to the Home Office policy paper, the UK spouse visa minimum income criteria will continue to climb to £34,500, eventually reaching £38,700. If the applicant has children, no additional income will be required.

Only the following income sources will be considered:

  • Income from employment or self-employment.
  • Pension of the applicant and/or partner.
  • Maternity or bereavement benefits obtained by the partner in the UK.
  • Additional income and/or savings mentioned by the applicant and/or partner
  • You can achieve the spouse visa financial requirements purely through cash savings if you have at least £88,500 (up from the previous threshold of £62,500).

Exemptions from achieving the financial requirement are available if a sponsor earns income from any of the following sources:

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

This means that sponsors will not have to demonstrate that they earn £29,000 (or more). It is crucial to note, however, that if a partner qualifies for exemption per the above, the applicant must still demonstrate that they have enough finances to support themselves in the UK, as well as suitable housing (with no access to public funding). For further information, please contact one of our immigration solicitors.

3. English is needed.

As a partner and spouse visa candidate, you must demonstrate that you have an appropriate understanding of the English language. This can be done in three ways:

  • Passing an English language test:If you pass an English test from an approved testing center under the Common European Framework of Reference for Languages (CEFR), you will meet the English language requirements. This requires at least level A1 speaking and writing. If you want to extend your stay in the UK at a later date, you must be able to pass at least a CEFR level A2 exam to demonstrate continuous growth throughout your stay.
  • Academic qualifications:You will also meet the English language criteria if you hold a degree or equivalent academic qualification that was taught in English.

Exemption: If you are exempt, you do not need to meet the English language requirements, including if:

  • You are over 65 years of age.
  • You have a physical or mental condition that precludes you from fulfilling the criteria.
  • You hail from one of the following countries: Antigua and Barbuda, Australia, the Bahamas, Barbados, Belize, Canada, Dominica, Grenada, Guyana, Jamaica, New Zealand, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Trinidad and Tobago, United States

4. Accommodation needs.

  • Applicants must have suitable accommodation in the UK that is solely owned or occupied by themselves and their families.
  • Has plenty of living space.
  • Meets all public health needs

UK spouse visa document checklist

You will be required to present numerous documents with your visa application, which may include:

  • Completed application form and application fee
  • A valid passport
  • Previous passports
  • Evidence of your genuine and subsisting relationship (e.g., shared bills, photographs, correspondence, messages).
  • Proof you meet the English language requirements (e.g., CEFR exam certificate).
  • Two passport-sized cocolorhotos that are in line with the requirements set by the UK.
  • Proof you meet the financial requirements (e.g., bank statements, savings statements, wage slips)
  • Details of any previous immigration applications, if any
  • Details of any criminal convictions
  • Your national insurance number (if you have one)
  • Proof of accommodation in the UK
  • Biometric information (fingerprints and a digital photograph).
  • Tuberculosis test results are from a nation where you must take the test.

To obtain a good outcome on your partner and spouse visa application, you must provide all of the evidence and documentation necessary by UKVI. Failure to deliver all things in the correct format (and correctly translated when applicable) may result in the refusal or delay of your visa.

What is the UK spouse visa fee?

The fees for obtaining a UK spouse visa vary depending on how you apply.

  • If you apply for a UK spouse visa from outside the UK to join your partner, you must pay a fee of £1,464.
  • If you apply for a spousal visa in the UK online or by post, the price is £993.
  • If you apply in person in the UK using the premium service, you will be charged £1,583.
  • If you apply from outside the UK, you will be required to pay an additional £1,464 for each dependent.
  • If you apply in the UK online or by post, you will have to pay £993.

How to Apply for a spouse visa UK

The UK partner and spouse visa application is conducted online (at the Home Office website). The application process is as follows:

  • Check your eligibility for a partner or spouse visa.
  • Prepare the documentation required to confirm your eligibility.
  • Fill out the online application form.
  • Pay the application fee (see details above).
  • Upload any necessary papers to support your application.
  • Schedule a biometric appointment to have your fingerprints and photographs taken.
  • Attend an interview if invited.

Conclusion

And that’s it! If you’ve made it this far, we realize how overwhelming this information can be.  UK visas and their regulations are extremely complex to navigate. Applying for a UK visa on your own can be difficult, especially if you have no immigration experience. However, you may easily contact a UK Spouse Visa Consultant and receive precise advice!