A Comprehensive Guide to UK Spouse Visa and Spouse Visa Extension

Introduction

Navigating the complex landscape of immigration law can be daunting, particularly when it involves reuniting or staying with a spouse. The UK Spouse Visa, along with its extension, is a critical pathway for non-UK nationals to live with their partners in the United Kingdom. This comprehensive guide aims to provide detailed information on the UK Spouse Visa and its extension, covering eligibility criteria, application process, required documents, financial requirements, and key considerations to ensure a smooth application experience.

Overview of the UK Spouse Visa

The UK Spouse Visa, also known as the UK Partner Visa, allows non-UK nationals to join their spouse or partner who is a British citizen, has settled status, or holds refugee status in the UK. The visa is initially granted for a period of 33 months if applied from outside the UK and 30 months if applied from within the UK. After this period, visa holders can apply for an extension, eventually leading to Indefinite Leave to Remain (ILR) and British citizenship.

Eligibility Criteria

To be eligible for a UK Spouse Visa, applicants must meet several key criteria:

1. Relationship Requirements:
   • The applicant must be married to or in a civil partnership with a person who is a British citizen, holds indefinite leave to remain, or has refugee status.
   • The marriage or civil partnership must be legally recognized in the UK.
   • The relationship must be genuine and subsisting.
   • The couple must have met in person.
2. Financial Requirements:
   • The sponsoring partner must have an annual income of at least £18,600. This threshold increases by £3,800 for the first child and £2,400 for each subsequent child if also applying.
   • The financial requirement can be met through income from employment, self-employment, savings, or a combination thereof.
3. Accommodation Requirements:
   • The couple must have adequate accommodation that will not be overcrowded.
4. English Language Requirement:
   • The applicant must demonstrate a knowledge of English by passing an approved English language test at A1 level or higher, or by having an academic qualification taught in English.
5. Intent to Live Together:
   • The couple must intend to live together permanently in the UK.

Application Process

1. Gather Required Documents:
   • Passport-sized photographs of the applicant and sponsor.
   • Valid passports for both the applicant and sponsor.
   • Proof of relationship (e.g., marriage certificate, photographs, correspondence).
   • Proof of adequate accommodation (e.g., tenancy agreement, mortgage statement).
   • Evidence of meeting the financial requirement (e.g., payslips, bank statements, tax returns).
   • Proof of English language proficiency.
2. Complete the Online Application:
   • The application for a Spouse Visa is made online via the UK government’s visa application portal. The form asks for detailed information about the applicant, sponsor, and their relationship.
3. Pay the Application Fee:
   • The fee for a Spouse Visa is currently £1,523 for applications made outside the UK and £1,033 for applications made within the UK. There is an additional Immigration Health Surcharge (IHS) to access the NHS, currently £624 per year.
4. Book and Attend a Biometric Appointment:
   • Applicants must provide biometric information (fingerprints and photographs) at a visa application center.
5. Submit Supporting Documents:
   • Supporting documents can be submitted online or in person at the biometric appointment.
6. Wait for a Decision:
   • Processing times vary, but applicants can expect a decision within 12 weeks for applications made outside the UK and within 8 weeks for applications made within the UK.

Spouse Visa Extension

After the initial 33-month or 30-month period, visa holders can apply for an extension. The Spouse Visa extension grants an additional 30 months, allowing the applicant to meet the five-year residence requirement necessary to apply for Indefinite Leave to Remain (ILR).

Eligibility for Spouse Visa Extension

The eligibility criteria for a Spouse Visa extension are similar to those of the initial application:

1. Continued Relationship:
   • The couple must still be in a genuine and subsisting relationship.
2. Financial Requirements:
   • The sponsor must continue to meet the financial requirement of £18,600 per year, with adjustments for any dependent children.
3. Accommodation Requirements:
   • The couple must still have adequate accommodation.
4. English Language Requirement:
   • The applicant must meet a higher English language requirement (A2 level) for the extension application.

Application Process for Extension

1. Gather Required Documents:
   • Documents similar to those required for the initial application, including proof of ongoing relationship, financial stability, accommodation, and English language proficiency.
2. Complete the Online Application:
   • The extension application is also made online via the UK government’s visa application portal.
3. Pay the Application Fee:
   • The fee for the Spouse Visa extension is currently £1,033, with an additional Immigration Health Surcharge (IHS) of £624 per year.
4. Book and Attend a Biometric Appointment:
   • Similar to the initial application, applicants must provide biometric information.
5. Submit Supporting Documents:
   • Supporting documents can be submitted online or in person at the biometric appointment.
6. Wait for a Decision:
   • Processing times for extension applications are typically within 8 weeks.

Financial Requirement Details

Meeting the financial requirement is a critical component of the Spouse Visa and its extension. Here are some key points:

1. Income Sources:
   • Salaried employment: The sponsor’s income must be evidenced through payslips and bank statements covering the last 6 months.
   • Self-employment: The sponsor’s income must be evidenced through tax returns, bank statements, and an accountant’s letter.
   • Savings: If using savings to meet the financial requirement, the savings must be held for at least 6 months and be above £16,000. The required amount is calculated as £16,000 plus £2.5 times the shortfall of the income threshold.
2. Combined Income:
   • The sponsor and applicant’s incomes can be combined to meet the financial requirement, provided the income is from acceptable sources.
3. Exemptions:
   • Certain exemptions apply, such as if the sponsor receives specific benefits like Disability Living Allowance or Carer’s Allowance.

Key Considerations

1. Genuine and Subsisting Relationship:
   • Immigration authorities will scrutinize the relationship to ensure it is genuine. Evidence such as joint bank accounts, tenancy agreements, and correspondence over time can support this.
2. English Language Test:
   • Approved English language tests are offered by various providers, and it is important to ensure the test taken is on the Home Office’s approved list.
3. Immigration Health Surcharge (IHS):
   • The IHS provides access to the NHS and must be paid upfront for the duration of the visa. This is a mandatory fee and must be factored into the overall cost of the visa application.
4. Legal Advice:
   • Given the complexity of immigration rules, seeking advice from an immigration solicitor or advisor can be beneficial, especially for unique circumstances or complex cases.

Conclusion

Applying for a UK Spouse Visa and its extension involves a thorough understanding of eligibility criteria, financial requirements, and the application process. By ensuring that all necessary documents are prepared and submitted accurately, applicants can enhance their chances of a successful application. While the process can be intricate, careful planning and adherence to guidelines can help in reuniting or staying with your loved one in the UK. Whether you are applying for the first time or seeking an extension, this guide provides the foundation for navigating the UK Spouse Visa process effectively.