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Planning a family life in the UK with your spouse/partner settled in the country? Before you start selecting the colour of your kitchen cabinets or choose the right flowers for your garden, let’s discuss how you can apply for a spouse visa to come and build your family in the UK.

A spouse visa UK comes with strict eligibility criteria and requirements. With the Home Office’s recent drive to cut ‘net migration’, all UK visa applications are now being rigorously scrutinized. Read on to know what you must (and mustn’t) do if you want to get a positive decision on your spouse visa application.

Am I Eligible for a UK Spouse Visa?

If your spouse/partner is settled in the UK and belongs to any of the following categories, you may be eligible to apply for a spouse visa:

• A British or Irish citizen
• A foreigner settled in the UK (e.g. with indefinite leave to remain, settled status under the EU Settlement Scheme, proof of permanent residence etc.)
• A EEA/Swiss national with pre-settled status under the EU Settlement Scheme, provided they started living in the UK before 1 January 2021
• A foreign national on a Turkish Businessperson visa or Turkish Worker visa
• A foreign national with protection status in the UK, or who has permission to stay as a stateless person

What Requirements Must I or My Partner Fulfil to Apply for a UK Spouse Visa?

Both you and your partner must be 18 or more. In addition, you must be able to prove that you are:

• Married or in a civil partnership that is recognized in the UK, or
• In a live-in relationship for at least two years prior to your application, or
• In a relationship for at least two years but could not live together due to valid reasons

Apart from this, you must also be able to prove that:

• You have sufficient financial means to support yourself and any dependents
• You or your spouse/partner have suitable accommodation in the UK
• You have sufficient knowledge of the English language

Supporting Documents for a UK Spouse Visa: What’s Required?

The most important documentary evidence for a UK spouse visa application is the proof of your relationship. You may submit the following documents along with your visa application:

• A marriage or civil partnership certificate
• Tenancy agreement, rent receipts, utility bills or tax bills having both your names and your shared address
• Bank statements from a joint account, having both your names and your shared address
• Any other document confirming that you both live in the same address

For couples not living together, you must be able to prove that you have an ongoing commitment by providing evidence such as letters/emails, financial support to each other, shared childcare, photos from holidays or events where you were together, etc.

Plus, you must submit:

• Your current passport (or any other valid travel document)
• Copies of the photo page and any visa or entry stamps in your previous passports
• Proof of subsistence
• Copy of your BRP and National Insurance number, if applicable

How Can I Apply for a UK Spouse Visa?

Here’s a step-by-step breakdown of how you can apply for a spouse visa:

1. Create an account with your email ID on the Home Office website
2. Have all your supporting documents and other relevant information ready with you so as to answer the questions on the online form completely and accurately
3. Start filling in the online application form
4. Once you have completed the online form, submit the same along with scanned copies of required supporting documents
5. Pay the required visa processing fees either by a credit or a debit card, unless exempt

You must prove your identity as part of your UK family visa application process. How you need to do so depends on where you are from and the type of passport you have.

If you are eligible to prove your identity through the ‘UK Immigration: ID Check’ app, you can use the same to scan your required documents to prove your identity. Otherwise, to prove your identity, you will have to:

• Book an appointment with your nearest visa application center (VAC) in your country of residence to submit your biometric details, or
• Book an appointment with your nearest UK Visa and Citizenship Application Services (UKVCAS) service point if you are in the UK

UK Spouse Visa Processing Time and Fees

The current spouse visa processing time is 12 weeks if applied from outside the UK, and eight weeks if from within. Applicants in the UK may avail the super priority service to get a decision in the next working day by paying an additional fee.

A spouse visa will cost when applied from outside or if applied from within the UK. You will also have to pay an additional health surcharge of  for each year of your visa validity. You may appeal for a visa fee waiver in certain scenarios.

Can I Settle in the UK With a Spouse Visa?

After living in the UK for five years continuously on a spouse visa, you may be eligible to apply for indefinite leave to remain (ILR). However, you will not be allowed to include any time spent in the UK on another visa or as a fiancé, fiancée or proposed civil partner for this purpose.

How Immigration Lawyers Can Help

To be successful with your UK spouse visa application, you must be able to convince the Home Office, who is rigorously scrutinising all spouse visa applications to detect immigration fraud, that:

• Your marriage or civil partnership is genuine, and
• You have sufficient financial means to support and accommodate yourself and your family, without claiming access to public funds

Many spouse visa applications are refused not because the applicants do not meet the eligibility criteria, but because they fail to understand the importance of submitting compelling evidence. A refusal of your spouse visa application may jeopardise your planned family life in the UK, apart from suffering a considerable financial loss as the visa fees are not refundable.

Seeking expert legal advice may help you avoid possible refusal, or appeal a refusal decision through the proper channels if it comes to that. Call [tel] today to speak with our specialist UK spouse visa lawyers.