A spouse visa is for married partners of British nationals to join their spouses in the UK. It allows an individual to join their married partner and settle permanently if they meet the necessary requirements.
If the applicant and the sponsor are not married but are in a genuine relationship as partners, they are able to apply for an Unmarried Partner visa if they can provide evidence that they have been living together in a relationship akin to a marriage or civil partnership for at least two years prior to the date of application.
In order to make a successful spouse visa application you need to meet the following requirements:
- The sponsor needs to meet the financial requirement of £18,600
- Evidence of genuine and subsisting relationship
- Evidence of adequate accommodation:
- Pass the English language test at CEFR level A1
The requirements are constantly changing so it is important that you meet the requirements at the time that you make the application which our expert lawyers will of course ensue.
An applicant must provide evidence that there will be adequate accommodation in the UK, without recourse to public funds, for the family, including other family members who are not included in the application but who live in the same household. This must be an accommodation that the family own or which they occupy exclusively. Accordingly, the three requirements that accommodation needs to fulfil are:
- Exclusive ownership or occupation
- Adequate and not overcrowded and
- Compliance with public health regulations
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
|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.
Spouse visa English language test
The applicant is not required to meet the English language requirement if the applicant is from a majority English speaking country or has completed a degree that was taught in English or is over age 65 or has a physical or mental condition that prevents you from meeting this requirement or there are exceptional circumstances which would prevent you from meeting it.
For all other applicants, valid evidence of his/her proficiency in the English language at the A1 level is required.
There are other additional requirements such as Suitability requirements specifying additional criteria to be met concerning, for example:
- Previous immigration history other procedural issues
- Other procedural issues overstaying and other complex cases
- Overstaying and other complex cases
What happens if my Spouse Visa application is accepted?
When your application is accepted, you will be given a permit that allows you to enter the UK within a 30-day period. Upon arrival in the UK, you will have a 10-day period in which to collect a Biometric Residence Permit (BRP).
If you fail to enter the UK within this time frame, you can apply for another 30-day entry permit. However, you will be charged an additional fee.
What happens if my Spouse Visa application is rejected?
If your spouse visa application is rejected, you can appeal against the Home Office decision. This is a long-winded and challenging process that is best assisted by an immigration adviser.
Connaught Law can assist with all aspects of your case. If you need help with your Spouse Visa appeal, please get in touch, and our immigration specialists will be able to assist you.
Getting in Touch
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