Since 9 July 2012, the requirements for spouse visa applications have changed and immigration rules contained a framework to assess each application of entry clearance, leave to remain, or settlement based on number of factors which are detailed in this article.
Genuine and subsisting relationship
In assessing whether a relationship is genuine and subsisting, the case workers takes into consideration the following;
- The couple are in a current, long-term relationship and are able to provide satisfactory evidence of this. (Call or chat records, pictures, gift cards, money or gift receipts, air tickets, etc)
- The couple have been or are co-habiting and are able to provide satisfactory evidence of this.
- The couple have children together (biological, adopted or step-children) and shared responsibility for them.
- The couple have share financial responsibilities, e.g. a joint mortgage/tenancy agreement, a joint bank account and/or joint savings, utility bills in both their names.
- The partner and/or applicant have visited the other’s home country and family and are able to provide evidence of this. (The fact that an applicant has never visited the UK must not be regarded as a negative factor, but it is a requirement of the Immigration Rules that the couple have met in person).
- The couple, or their families acting on their behalf, have made definite plans concerning the practicalities of the couple living together in the UK. In the case of an arranged marriage, the couple both consent to the marriage and agree with the plans made by their families.
An applicant applying as an unmarried partner or same sex partner must have been living together with their partner in a relationship akin to a marriage or civil partnership for at least two years prior to the date of application and must provide documentary evidence of this.
Valid marriage or civil partnership
The applicant and partner must provide evidence that their marriage or civil partnership is valid in the UK.
- A marriage in the United Kingdom must be evidenced by a valid marriage certificate recognised under the laws of England and Wales, Scotland or Northern Ireland.
- A divorce in the United Kingdom must be evidenced by a decree absolute from a civil court.
- A civil partnership in the United Kingdom must be evidenced by a civil partnership certificate.
- The dissolution of a civil partnership in the UK must be evidenced by a final order of civil partnership dissolution from a civil court.
- Marriages, civil partnerships or evidence of divorce or dissolution from outside the UK must be evidenced by a reasonable equivalent to the evidence detailed in paragraphs 1 to 4, valid under the law in force in the relevant country.
Financial requirement
The minimum income threshold for spouse visa was set at £18,600 per annum for couples with no children. If the sponsoring British citizen and their foreign partner or spouse have a dependent child the threshold rises to £22,400. An additional £2,400 is added for any subsequent child.
Cash savings
If you choose to combine your income with cash savings then you must show minimum savings of £16,000. The amount of income you need to meet to cover up the remainder is calculated via the following method:
(Amount of savings – 16,000) ÷ 2.5 = X
X – 18,600 = amount if income needed to cover the remainder
Example: £25,000 cash savings
(25000 – 16000) ÷ 2.5 = £3,600
£18,600 – £3,600 = £15,000
Example of cash savings
| £15,080 salary: | [(£18,600 – £15,080) x 2.5] + £16,000 = (£3520 * 2.5) + £16,000 = £8800 + £16,000 = £24,800 |
| £0 salary:
|
[(£18,600 – £0) x 2.5] + £16,000 = (£18,600 * 2.5) + £16,000 = £46,500 + £16,000 = £62,500 |
Adequate maintenance
An application on a 5-year partner route to settlement under Appendix FM and their children may be able to meet the financial requirement through adequate maintenance. The applicant’s partner or parent’s partner must be receiving one or more of the following:
- Disability Living Allowance
- Severe Disablement Allowance
- Industrial Injury Disablement Benefit
- Attendance Allowance
- Carer’s Allowance
- Personal Independence Payment
- Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme
- Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme
Under the 5-year partner route to settlement under Appendix FM, the applicant (and their children) will have to meet the minimum income threshold at the next application stage if their partner or parent’s partner is no longer in receipt of one of the specified benefits above.
Adequate accommodation
The applicant should provide evidence as to the basis on which the accommodation is or will be owned or occupied (including rented) by the family unit. This may for example be in the form of a copy of the property deeds, a letter from a bank or building society as to the mortgage arrangements, a lease agreement and rent book, or a letter from a family member or friend who is making the accommodation available to the applicant and their family unit.
The following table represents what would, subject to their age, gender and whether they are a couple, be an acceptable maximum number of people to occupy a house with the relevant number of rooms available as sleeping accommodation:
| Number of rooms in the accommodation available for sleeping | Number of people permitted to sleep in the accommodation without it being overcrowded |
| 1 | 2 |
| 2 | 3 |
| 3 | 5 |
| 4 | 7.5 |
| 5 | 10 |
| More than 5 rooms | 10 plus an additional 2 persons for each room in excess of 5 rooms e.g 6 rooms = 12 people, 7 rooms = 14 people. |
Example A The accommodation has 1 room available as sleeping accommodation. The house would be occupied by a couple, and one child aged 5. The housing is overcrowded and therefore does not provided adequate accommodation under the Immigration Rules because only 2 people are permitted to sleep in the property without it being overcrowded whereas 2.5 people wish to sleep there.
Example B The sponsor rents a one bedroom flat with a living room. There are two rooms available for sleeping. His wife wishes to join him in the UK. The housing is not overcrowded as up to 3 people are permitted to sleep at the property without it being overcrowded.
English Language requirements
The Home Office asks that those applying for a ‘family of a settled person’ visa (often previously referred to as a ‘spouse’ or ‘partner’ visa) can demonstrate that they have at least an A1 level of English, as measured by the Common European Framework of Reference for Languages (CEFR).
From 1 May 2017, applicants who have completed 2.5 years (30 months) in the UK under these arrangements, and who are applying for further leave to remain in that category, will be required to obtain an approved English language speaking and listening qualification at level A2.
| Visa Type | Accepted Exams | Results Required |
| Entry clearance as a spouse, unmarried or civil partner of a Settled person | IELTS Skills for Life Level A1 | Pass |
| Further leave to remain as a spouse, unmarried or civil partner of a Settled person | IELTS Skills for Life Level A2
|
4.0 or above in the Speaking and Listening modules |
| Trinity Skills for life (Only available in the UK | Pass | |
| Settlement (Indefinite leave to remain | IELTS Skills for Life Level B1
|
5.0 or above in the speaking and listening modules |
| Trinity Skills for life (Only available in the UK | Pass |
Disclaimer:
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.
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