A Quick Guide To Getting A UK Spouse Visa

Falling in love and marrying a British Citizen (or someone who has Indefinite Leave to Remain) and deciding to move to the UK should be an exciting time. However, unless you understand the rules and process for getting a UK Spouse Visa, excitement can quickly turn to stress and anxiety. The best way to ensure your UK Spouse Visa application is successful is to work with an experienced Immigration Solicitor. They will take time to understand your circumstances, evaluate the strengths and weaknesses of your application, and make sure all your supporting documentation is present and submitted in the correct order.

Below is a brief guide to obtaining a UK Spouse Visa.

What are the eligibility requirements for a UK Spouse Visa?

To successfully apply for a UK Spouse Visa, as a couple, you must provide evidence that:

• One of you is a British Citizen or has Indefinite Leave to Remain, EU Settled Status, or Refugee Status in the UK.
• You are both over 18 years.
• You have met each other and are legally married.
• You intend to live together and have adequate accommodation
• You meet the financial requirements of £18,600 per year (this increases if you have children).
• You meet the English language requirements.

What supporting documents will I need when applying for a UK Spouse Visa?

At a minimum, you and/or your spouse will need to provide the following documents:

• Your passport.
• Your Indefinite Leave to Remain, EU Settled Status, or Refugee Status documents.
• Your marriage or civil partnership certificate.
• Details of your parent’s nationality and when they were born.
• Your National Insurance number (the person coming to the UK to live may not have one).
• Particulars about your UK accommodation, i.e. your lease agreement or mortgage. It is fine if you are living with family members; however, your caseworker will want to see evidence that the accommodation you are living in is not overcrowded.
• Bank statements, letters from your employers, payslips, and any other documents that show you meet the Minimum Salary Requirement.
• Information regarding any children.
• Your travel history.

An Immigration Lawyer will not only advise you on what documents you need to supply but also the correct order to put them in.

What if I do not meet the Minimum Salary Requirement?

The starting point is £18,600. This is the sum required for a couple. Where the couple has children, the sum is increased as follows:

• £3,800 for one non-British or non-settled or non-EEA child.
• £2,400 for each additional non-British or non-settled or non-EEA child.

You can meet the Minimum Income Requirement through savings. To qualify, you will need a base figure of £16,000 plus a further amount of 2.5 times the difference between the gross Minimum Income Requirement and the actual gross annual income you receive.

In certain circumstances, you can use funds provided by third parties such as a family member. It may also be possible to remortgage your property to make up for any shortfall. Furthermore, the caseworker dealing with your application must consider the best interests of any children involved.

What can I do if my Spouse Visa application is refused?

Unless you have a human rights claim, you are not able to appeal a UK Spouse Visa refusal. Human rights claims usually involve an applicant claiming that in refusing their Spouse Visa, the Secretary of State for the Home Office has breached your right to private or family life under art.8 of the European Convention on Human Rights (ECHR). An Immigration Lawyer will quickly advise you as to whether you have a right of appeal under the (ECHR).

If there is no right of appeal, you will need to either reapply for your visa or apply for Judicial Review. Judicial Review is the process in which the Courts consider the legality of a public body’s decision.

Final words

The UK governments commitment to reducing net immigration has resulted in Spouse Visa applications regularly being refused. The best way to increase your chances of success is to work with an experienced Immigration Solicitor who can advise and guide you through the entire process.

Our immigration lawyers can advise and represent you on all aspects of immigration law. For a free consultation please call us on 0208 300 6666.