Also known as a UK marriage visa, a spouse visa allows married partners of UK citizens to immigrate to the UK because they are married to someone who is 'settled in the UK' - i.e. The older they are, the easier it is to show this. Your partner doesnt need to take a test if one of the following applies: theyre a citizen of a country thats exempt because English is an official or majority language there - for example Jamaica or the USA, they have a university degree that was taught or researched in English. won't automatically get the right to live in the UK through the marriage to a You can apply for a spouse visa from overseas or from within the UK. Proof you meet the English language requirements (e.g. If youve got another type of visa, you should be able to find the rules for your visa on GOV.UK.
To begin your UK spouse visa application you have to complete the form VAF4A. If your partner needs to pass a test, it must be at least level A1 on the Common European Framework of Reference for Languages (CEFR) scale. To check if you can pass the adequate maintenance test, you need to first work out how much income the government says you need each week. Income from employment or self-employment, Maternity allowances or bereavement benefits received by the partner in the UK, Any other income and/or savings specified by the applicant and/or partner, 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. If the applicant has children, an additional 3,800 per year is needed for the first child and an additional 2,400 for each subsequent child. This is added to his income. If your partner applies for a 6-month visa as a fianc(e) or proposed civil partner, you and your partner can live separately when they first arrive in the UK. There are exceptional circumstances if not getting family visas would cause unjustifiably harsh consequences for you, your partner or a child under 18 years old. If you are applying from overseas we can make arrangements for you to take an approved English language test in your home country. The total income Henrik needs each week is 121.05 plus 70.80 plus 20. If you were born in Northern Ireland, check how your partner should apply to the EU Settlement Scheme on GOV.UK. Well done and thank you Reiss Edwards and thank you Anna!!". Let us know. Your partner might be able to apply to the EU Settlement Scheme even if they werent in the UK by 31 December 2020. You must have suitable accommodation for you, your spouse and any dependants. This will ensure you receive a decision on the next working day in most cases. "Anna Foley was the lawyer helping my partner obtain an EEA EFM visa. If you live in council housing or your landlord is a housing association, you can check how many people are allowed to live in your home. Its easier to show they need access to public funds if theyll be living with their child. Two passport-sized colour photos that are in line with the requirements set by the UK. CEFR exam certificate). If the extra income will make your benefits go down, you need to calculate your total income based on the benefits you will get when they live with you. If you are able to rely on exceptional circumstances, you will still need to prove you have sufficient funds, but the source of these will be widened to include other credible sources, such as a guarantee of financial support from another person. Their children dont need to take an English language test.
For example if your partner is applying for themselves and 2 children, you can sponsor them if you earn at least 24,800 each year. This is 18,600 plus 3,800 plus 2,400. For example, your partner might need special care which they can only get in the UK. Read the guidance for UK visa applicants and temporary UK residents. If you are applying from inside the UK you must have leave to remain in the UK on a visa that is valid for six months at the time you apply. You should make an application for them at the same time that you make your spouse visa application. If you havent lived together for 2 years, your fianc(e) or proposed civil partner can only apply to come to the UK for 6 months. The way they dealt with my case during COVID19 Situation is highly appreciable. You must have been living in the UK by 31 December 2020. Check the guidance in appendix FM 1.7: financial requirement for more information. Check the guidance in appendix FM 1.7: financial requirement for more information.
If you are unsure if you meet the requirements for a genuine relationship, speak to one of our immigration solicitors, who will be able to confirm this for you. What Are Other Types of Family Visas for the UK? They don't need to be your biological children - for example, they can be your step-children. If theyre not in the UK yet, you can only include income theyll still get after they move. To qualify for a UK spouse / marriage visa you must satisfy the following requirements: Talk to our experts and get the right advice first time, every time. Tuberculosis test results if from a country where you have to take the test, Check your eligibility for a partner and spouse visa, Prepare the documents you will need to prove your eligibility, Upload any documents required to support your application, Arrange a biometric appointment to have your fingerprints and photo taken, Have lived in the UK for 5 years on a family visa as a partner, Have lived with your partner since you last renewed your visa, Be in a genuine and subsisting relationship with your partner, Intend to continue your relationship after you apply for ILR, Meet the English language and Life in the UK requirements, Continue to meet the financial requirements, The Secretary of State determines that the exclusion of an applicant from the UK is conducive to the public good, The applicant is subject to a deportation order as of the date of application, The exclusion of the applicant from the UK has been deemed conducive to the public good as a result of the applicants conduct, character, or association, Without a reasonable excuse, the applicant failed to show up for a compulsory interview, provide specified information, undergo a medical examination, or report when required to do so. I found Joe very helpful and tremendous patience which is a must in this professional as there are lots of emotions always involved in each and every case. The childs right to private life and family life might also be affected if theyve lived in the UK for at least 7 years and it would be difficult for them to adapt to living somewhere else. 40 Wellesley Road Your sponsoring partner must earn more than 18,600 per year or have enough savings to be able to sponsor you. Your partner can usually apply: to extend both types of visa before they end, for them and their children to stay in the country permanently after theyve had a partner visa for 5 years. This means theyll have to leave the UK at the end of 6 months. This is called the adequate maintenance test. If your partner is applying for children, you can sponsor them if your income is 18,600 plus: 2,400 for the second child and for each child after that. If you arrived in the UK by 31 December 2020, your partner might be able to apply for pre-settled or settled status from the EU Settlement Scheme. Your email address will not be published. Its easier to show they need access to public funds if theyll be living with their child. If your partner has already got a partner visa, they can still apply for child visas for their children. If your partner and their children get family visas based on exceptional circumstances or private and family life, they might be able to get benefits and council housing. If you have enough savings (62,500), you will not need to show evidence of any income. The average processing time for a spouse visa application is 2 12 weeks from the date we submit the application to the UKBA. Handling the case with constant correspondence over a lengthy, lockdown delayed 7-month application process. To check if you meet the financial requirement: Check if you now meet the financial requirement. Civil Partnership is called the relationship between a same-sex couple. a person with Indefinite Leave to Remain or EU Settled Status). Children under 18 years of age can enter the UK as your dependants. You should be very careful when submitting proof for your marriage/relationship because if the embassy or consulate where you are applying at suspects that you are in a fake marriage/relationship for visa benefits, they will automatically refuse your visa application. CR9 2BY, Include your partner's full name as shown in their passport, their date of birth, and their entry clearance or UKBA reference number (if known). They have sole responsibility if theyre the only person responsible for the children's upbringing and welfare. You must be in the same eligible relationship with your UK based partner, and you must apply before your current visa expires. You must have met each other and be legally married - this is to prevent arranged marriages. Get help from a specialist adviser if your partner and their children need to apply based on exceptional circumstances or private and family life. You are a national of a country outside the European Economic Area and Switzerland; and, You are in a relationship with a British citizen or a person settled in the UK; and. Check how your partner and children can apply for family reunion on GOV.UK. Registered number 01436945 England. bank statements, savings statement, wage slips), Details of any previous immigration applications, if any, Your national insurance number (if you have one). Check if your partner and children can get visas to live in the UK, If your child was born in the UK or one of their parents has British citizenship, If youre from the EU, Norway, Switzerland, Iceland or Liechtenstein, If you and your partner have over 16,000 in savings, If your partner and their children are already in the UK, If your partner and their children are applying from outside the UK. Step 2: Take the amount in step from the minimum income requirement for your situation (i.e. You can find out more or opt-out from some cookies. You can find your local council on GOV.UK. In this example, you would only need to show an annual income of 13,000 if you have savings of 30,000. Call us on 020 3744 2797 for advice on your partner/spouse visa. "Andy Tieu is absolutely amazing, as a lawyer myself I can categorically say tha "I found Joe very helpful and tremendous patience which is a must in this profes "Anna Foley was the lawyer helping my partner obtain an EEA EFM visa. Child visas will last until the partner visa ends - even if they start later. If youre not a council or housing association tenant, check your local councils guidance about overcrowding. taking an approved English language test and passing it with at least a CEFR level A1 in speaking and listening. If you and your partner have any savings, you can add them to your income - you must have had the savings for at least 6 months. This is called indefinite leave. Your partner will need to give evidence about both: where they will live before the wedding or civil partnership ceremony - for example with family or friends, where they will live with you after the wedding or civil partnership ceremony. This is 211.85. You can check the full rules about who needs to take an English language test on GOV.UK. This is more than the government says he needs, so Henrik can sponsor his partner and child. If your relationship ends while your partner only has limited permission to enter or remain in the UK (i.e. Your partner can: apply for the partner and child visas at the same time, apply for the child visas when they already have a partner visa. Get help from a specialist adviser if you need to extend a 6-month visa. Evidence of your genuine and subsisting relationship (e.g. You dont need to own your own home but you do need somewhere you can stay long term.
Your partners visa will usually last for 2 years and 9 months - or 2 years and 6 months if theyre already in the UK when they apply. Check what benefits they can get while they have a no public funds condition. If you were born in Northern Ireland, check how your partner should apply to the EU Settlement Scheme, Check how to get a marriage visitor visa on GOV.UK, You can find your local council on GOV.UK. See advice for Northern Ireland, See advice for Scotland, See advice for Wales. After this period you will have to extend your stay. This tests if they can speak in English and understand spoken English - it doesnt test reading or writing in English. When your partner applies for their visa, they can also ask for access to public funds if they need it. Some of the best service I have received for any service ever! Visa for a relative who will provide long-term care for you. The UK spouse visa,also known as Marriage Visa in the UK, is a UK family visa, and it is the type of visa you will need if you want to enter and remain in the UK to live with a partner (spouse/fiance) for more than 6 months. Copyright 2022 | All Rights Reserved | Legal Services are provided by Wafi Solicitors a SRA approved Law Firm. 6,500 divided by 130 is 50. When Henriks partner and child live with him, his council tax will be 30 each week. If you are applying from within the UK a spouse visa is issued for a period of 30 months. This may be possible, for example, if they can show that, in line with human rights law, their child or children would be at harm if the application is refused. Besides the Spouse Visa, other types of UK Family visas include: Privacy Policy | Cookie Policy | Terms and Conditions | Disclaimer | About Us. You can check if your partner can apply to the EU Settlement Scheme. If you need to prove extra money for your children, youll need to earn an extra: This is called the minimum income requirement. Your visa might let your partner and their children apply to join you as dependents. Though not recognized as a marriage, the Civil partnership couples have the same rights as married couples. If your partner or spouse visa application has been refused, speak to one of our immigration Solicitors, who will be able to advise on the best steps to take to ensure a successful outcome of your case. You and your partner must have a combined income of at least 18,600 a year if: You must prove you have extra money if you have children who: You might not need to prove you have extra money if your children are citizens of the EU, Iceland, Liechtenstein, Norway or Switzerland and they do not have pre-settled status or are not permanently settled in the UK. When you were born one of your parents must have had either: an immigration status that let them live in the UK permanently - for example, indefinite leave to remain. Your partner and their children should also be able to get visas if refusing their application would affect their right to private or family life. News stories, speeches, letters and notices, Reports, analysis and official statistics, Data, Freedom of Information releases and corporate reports. Check how your partner and children can apply for family visas. It's free and easier than applying for a visa. There are several grounds on which an application for a spouse/partner visa may be refused, including if: For more information on spouse visa refusal, please see our article: spouse visa refusal common reasons and appeal process. To make a successful application for a partner and spouse visa, you will need to meet a set of strict eligibility requirements, including providing evidence of: You will need to show you are in an eligible relationship as follows: Crucially, UK Visas and Immigration (UKVI) will want to be assured that you are in a genuine and subsisting relationship. Erika earns 20,000 per year - her income is below the financial requirement.
Yes, you can add your children to your partner and spouse visa application. Whereas if you apply for Spousal Visa in the UK online or by post the fee will cost to you 993, and 1,583 if you apply in the UK in person with the premium service. In order to do so, you will have to fill in the form and book an appointment, or make an online application and book an appointment. If you arent a childs other parent, your partner can only apply for a child visa if they have sole responsibility for them. Copyright 2022 Citizens Advice. You must intend to live together permanently. Yes, you are eligible to work or study in the UK once the visa has been granted. check if your partner can apply to the EU Settlement Scheme.
This means theyll be allowed to claim benefits and apply for council housing. Their right to private and family life might be affected if any of the following apply: it would be very difficult for them to live in the country they would have to return or move to - for example because of a lack of work, education, family or friends, or if they wouldn't be accepted back there, theyve lived in the UK for 20 years or more, theyre aged 18 to 25 and theyve lived in the UK for at least half their life. As a lawyer myself I can categorically say that they know their stuff, gentle, responsive, care about you and not just about the money, very professional. If your child isnt already a British citizen, you might be able to apply for citizenship for them. If you and your partner want to get married or register a civil partnership in the UK but you dont plan to live here, they can come to the UK on a different kind of visa called a marriage visitor visa. Check the rules about bringing family members from Ukraine to the UK, Check if you can get indefinite leave for your child, Check how your partner and children can apply for family reunion on GOV.UK, Check if your child has or can apply for British citizenship. Contact us to find out more about the English language requirements. Checklist of documents for the UK Spouse visa, financial requirements, english langauge proficiency, the application process and more details. Required fields are marked *. How Long Can I Stay in the UK With a Spouse Visa? When youre working out your housing costs, dont include any part of the costs that will be covered by Council Tax Reduction, Housing Benefit or the housing element of Universal Credit. There are exceptional circumstances if any of the following apply: not getting a family visa would cause unjustifiably harsh consequences for you, your partner or a child under 18 years old - for example, if they need special care which they can only get in the UK, you would have difficulty living with your partner and children anywhere else in the world - for example if theres no country where youre both allowed to live, your partner has a child under 18 who is in the UK and is either a British citizen or has lived in the UK for at least 7 years. Please note that your sponsoring spouse must show income of a specified amount, the level of which varies depending on the number of dependant children being sponsored. Your partner and their children might be able to get a visa if an exception applies. Traditional marriages that are not registered are not legally recognized, therefore these relationships must be registered at Home Affairs. Youve worked with the same employer earning 18,600 or more for 6 months or longer. The spouse visa (also referred to as the partner and spouse visa) is part of the family immigration scheme and enables an eligible foreign national to join and live with their partner in the UK if they are a British citizen or settled person (e.g. This is called the permitted number of persons (PNP). Your partner doesnt need to apply for children who already have a right to be in the UK - for example if theyre British citizens or they have indefinite leave. If your partner has children aged under 18, your partner can usually also apply for them to get child visas. I mean I can go on and on! earn an extra 2,400 for each child you have after your first child. Thanks to Anna and Joe for all your support and guidance which helped me fulfill my dream. When your partner applies for their visa, they should also ask for access to public funds if they need it. thanks once again. Her expert advice guided us successfully through some difficult times as a result of COVID-19. Given the complexity of the partner and spouse visa documentation requirements, we recommend seeking legal advice from a family immigration Solicitor before submitting your application. 30 minus 10 is 20. This is because family visa holders are exempt from the 180 day absence period rule to gain ILR. To get a UK spouse visa it takes up to 12 weeks, or up to 8 weeks if you apply within the UK either online or by post. It costs less than applying for indefinite leave. Croydon Henriks total weekly income is 230. To work out if your partner and their children can get family visas, youll need to check: who can apply for partner and child visas, if your partner needs to take an English language test. This means the minimum income for an applicant with two dependant children will be 24,800, and for three children, 27,200. Lunar House If applying from overseas, a spouse visa is initially issued for 33 months. you must have suitable accommodation for you, your partner and any dependent children; and the sponsored party must satisfy the English language requirements and have medical certificate for TB (where required). I also think the portfolio put together by the team at Reiss Edwards has played a big part in the quick turnaround of my application". This must be at least level A1 in speaking and writing.
Talk to an adviser if you need help working out if you meet the financial requirement. And also you will have to show proof that you plan to marry your partner within 6 months of arrival in the UK. VAT number 726 0202 76. Contact our immigration lawyers for a free telephone consultation on 020 3744 2797 or complete our enquiry form to discuss your UK spouse visa. The minimum financial requirement is higher if they are also sponsoring dependant children. If youve lived together for at least 2 years, Its usually best for your partner to use that as the basis for their application. If none of the exemptions above apply, applicants may be able to ask that exceptional circumstances be considered by the Home Office. To meet the financial requirement, you only need to show youll have enough income to look after your partner and any children. Under the current immigration rules, there is no limit on the length of any absence if you hold a partner and spouse visa. As a partner and spouse visa applicant, you will need to show that you have sufficient knowledge of the English language; this can be achieved in 3 ways: You will meet the English language requirements if you pass a Common European Framework of Reference for Languages (CEFR) English test from an approved testing centre. The application steps are as follows: Super Priority Service (to receive a decision on the following working day). If youre not sure, check if it says no public funds on their documents or their Biometric Residence Permit. You can change your cookie settings at any time. When your partner applies for a partner visa, they can also apply for their children aged under 18 to get child visas at the same time. Her hard work and professionalism have no boundaries. It is then possible to extend your stay and later acquire ILR, allowing you to remain permanently in the UK without being subject to immigration rules. Check if your child has or can apply for British citizenship. Registered office: Citizens Advice, 3rd Floor North, 200 Aldersgate, London, EC1A 4HD. You may be able to settle in 5 years without meeting the minimum income requirement if either: You need to show you and your family have enough money to adequately support and accommodate yourselves without relying on public funds. Youll need 16,000 plus 2.50 for every 1 your income is below the financial requirement. This means he needs 20 income for council tax each week. You can apply for an extension for an additional 30 months which can take your total time in the UK on this visa up to five years. You will also meet the English language requirements if you have a degree or other academic qualification which was taught in English. Theyll need to ask their doctor to confirm their condition: makes it impossible for them to learn enough English - for example, a learning disability or brain injury that stops them learning the language. The child visas will last until the end of the partner visa. Once you have resided in the UK for 5 years on your partner and spouse visa, you will be able to apply for Indefinite Leave to Remain (ILR). This is called the financial requirement. Your partner cant apply if they owe 500 or more to the NHS. This advice applies to England. This is the most important part of your application, that many fail to fulfill, therefore have their visas rejected. If you are seeking to enter the UK on the basis of your relationship with a UK national you must apply for entry clearance before coming to the UK. If you need help working out if you can pass the adequate maintenance test, talk to an adviser. Get help from a specialist adviser if your partner and their children need to apply based on exceptional circumstances. If youre applying as a fianc, fiance or proposed civil partner, you will have to submit proof that your previous marriage(s) or civil partnership(s) have ended, if any. As a foreign national, you can apply for a UK partner and spouse visa as long as your partner based in the UK: You must intend to live together in the UK after you move here (if youre not here already), and you will also need to provide evidence of your genuine and subsisting relationship. When submitting your application for a spouse visa, you will need to make and sign a declaration of the source of your cash savings. We use some essential cookies to make this website work. Save my name, email, and website in this browser for the next time I comment. You must get married or register a civil partnership in that time. If you or your partner are employed, you could include: Youll be told exactly what documents to provide when you apply online. This will mean you can remain permanently in the UK and will no longer be subject to immigration control.
Our team will ensure that all evidence necessary for your application is provided to UKVI and any errors or omissions are corrected. You can also apply at a premium service center. Among others, you will have to prove that you and your partner have been continuously living together during your time in the UK, in order to get a visa extension. We use cookies to improve your experience of our website. Your partner and their children usually cant claim most benefits or apply for council housing. Henriks partner is applying for visas for her and her child to come to the UK. Erika has 18,000 in savings, which shes had for the last 6 months. However, this will not automatically happen if the basis of their stay has changed. Residence Permit for Commonwealth Citizens. You must satisfy the English language requirements. You can live in the UK if you are married to a British citizen Anna youre a Gem and a Star. Whereas, if you are in the UK you have two choices. Any prolonged absence may jeopardise your visa extension or ILR application. Fianc, fiance or proposed civil partner. How Can I Apply for an Extension of the Spouse Visa in the UK? Applicants must show they have suitable accommodation in the UK and that it: You will need to provide several documents with your visa application, these may include: To ensure you receive a positive decision on your partner and spouse visa application, it is essential that you provide all of the evidence and documentation required by UKVI. You can apply online, or by post. Registered charity number 279057. If time is of the essence, you can pay an extra 800 for the Super Priority Service. Its free and easier than applying for family visas. You cannot switch to a spouse visa if you are already in the UK and were initially admitted for a period of less than six months - for example, if you were initially admitted entry as a visitor or prospective student. She was outstanding. Your children can usually only get child visas if their parent has a partner visa - or is applying for one. It is important to note, however, that in the event of a partner qualifying for exemption in line with the above, the applicant will still need to show that they have enough funds to maintain themselves in the UK, as well as having adequate accommodation (while having no recourse to public funds).