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Spouse/Fiance Visa

SPOUSE/FIANCÉ(E)

The spouse/civil partner visa is suitable if you and your partner are already married or have been living together in a relationship for at least 2 years before applying. The fiancé(e) visa is for couples who are planning to get married or enter into a civil partnership in the UK before later applying for a spouse visa.

ELIGIBILITY

SPOUSE, PARTNERS & CIVIL PARTNERS

  • You and your spouse or partner must be over 18.

  • Your spouse or partner must be a British citizen, settled, or have pre-settled status, and have been living in the UK since 1 January 2021.

  • You and your partner must intend to live in the UK permanently.

  • You must show at least one of the following:

    • You are in a marriage or civil partnership which is recognised in the UK​.

    • You have been living together in a relationship for at least 2 years.

    • You have been in a relationship for at least 2 years but have not lived with your partner due to work, study or cultural reasons.

FIANCÉ(E) OR PROPOSED CIVIL PARTNERS

  • You and your fiancé(e) or partner must be over 18.

  • Your fiancé(e) or partner must be a British citizen, settled, or have pre-settled status and have been living in the UK since 1 January 2021.

  • You and your partner must intend to live in the UK permanently.

  • You must show both of the following:

    • ​You are a fiancé, fiancée, or proposed civil partner and will marry or enter into a civil partnership within 6 months of arriving in the UK.

    • Any previous marriages or civil partnerships have ended.

REQUIREMENTS

Valid Passport​

  • ​You must have a passport which is valid at the time you apply.

Proof of Status

  • Your spouse, partner or fiancé(e) provide evidence of their British citizenship or other eligible immigration status.

Proof of Relationship

  • A marriage certificate will be required if you are already married. If you are unmarried, you must either show proof of your engagement or cohabitation, or relationship, for the necessary period.

English Language

  • For first-time applicants, you must prove your English language ability to at least CEFR level A1 in reading, writing, speaking, and listening. For extensions, you will need to pass at least level A2 in speaking and listening. 

  • If you pass at level B1 or higher, you do not need to retake for your extension application. You will not be required to take a test if any of the following applies:

    • you are a a national of a majority English speaking country;

    • you have an academic qualification (either Bachelor's or Master's degree, or PhD awarded by an educational establishment in the UK; or by an educational establishment outside the UK provided that it is deemed by Ecctis to have been taught or researched to level A1 CEFR or above);

    • you are over the age of 65;

    • you have a physical or mental disability; 

    • there are other exceptional circumstances which prevent you from being able to meet the language requirement.

Financial Requirements 

  • You and your partner must have a combined gross annual income of at least £29,000.

  • You can meet the financial requirement by relying on one or multiple sources of income, savings, investments, pensions, maternity allowances, or a permitted combination of them. If you have children, an additional £3,800 per year is needed for the first child and an additional £2,400 for each subsequent child. This does not apply to children who are British or Irish citizens, or children with pre-settled or settled status.

  • You do not need to meet the financial requirement if your partners receives any of the following benefits:

    • Disability Living Allowance

    • Scottish Adult Disability Living Allowance

    • Severe Disablement Allowance

    • Industrial Injuries Disablement Benefit

    • Attendance Allowance

    • Pension Age Disability Payment

    • Carer’s Allowance

    • Carer Support Payment

    • 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

    • Police Injury Pension

    • Child Disability Payment

    • Adult Disability Payment

Accommodation 

  • You and your partner must be able to show that your accommodation is adequate for the both of you and any additional people with whom you will be living in the same household without concerns about overcrowding.

FIRST APPLICATION MADE BEFORE 11 APRIL 2024

If you first applied as a partner before 11 April 2024 and you are now applying to extend your visa with the same partner, you and your partner only need to prove a combined income of £18,600 per year.

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The application fee for a family visa to join your spouse, partner, fiancé(e) or proposed civil partner in the UK depends on where you apply from:

 

Outside the UK: £1,938

Inside the UK: £1,321

 

If you have children who will be applying at the same time as your dependants, each of them will be subject to the same fees as you.

 

You will also have to pay the Immigration Health Surcharge of £1,035 per year.

TERM AND FEES

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PROCESSING

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The processing time for spouse and fiancé(e) visa applications made from outside the UK is approximately 6 months.

 

Applications made from inside the UK will be processed in approximately 2 months.

 

You may be able to pay for a faster decision by purchasing an enhanced service if you are outside the UK.

Successful Application

If your application for a spouse or fiancé(e) visa is successful, your immigration status confirming the length and conditions of your permission to remain in the United Kingdom will be updated on your UKVI account. First-time applicants will be permitted to stay for 2 years and 9 months. Applicants extending their visa or switching to this visa will receive permission to stay for 2 years and 6 months. Those applying as a fiancé(e) or proposed civil partner will receive permission to stay for 6 months (during which time they must get married or enter a civil partnership) before being allowed to extend their visa.

Application Refused

If your application for a spouse or fiancé(e) visa is refused, you will receive a refusal letter outlining the reasons. It will be important to seek professional advice to properly understand the refusal letter and the most effective way to proceed.

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OUTCOME

NEXT STEP

Following your initial stay in the UK for 2 years and 9 months, you can apply to extend your visa for a further 2 years and 6 months. After 5 years in the UK on this route, you will be eligible to apply for indefinite leave to remain.

 

If you applied as a fiancé(e) or proposed civil partner, you must get married within the 6 months your visa is valid and you must intend to live together afterwards. You can then switch to the spouse/civil partner route and follow the same route to settlement.

HOW WE CAN HELP

Spouse/partner visas can be complex, particularly when meeting the financial requirement or proving your relationship is genuine. Other complicating factors such as a history of refusals or children from previous relationships can also play a big factor. Mistakes can have a significant impact on future immigration applications to the Home Office, which means it is very important to have experts by your side who can make the process easier and give much needed confidence to make a strong application. 

At Lace Law LLP, we offer comprehensive support throughout your Family visa journey. From your initial consultation to the final decision, you will have a dedicated expert who will meticulously prepare your application, maintain regular communication, and promptly respond to any concerns along the way. We pride ourselves on this personal approach, which we feel not only provides a greater experience to you, but also increases the likelihood of a successful outcome.

Don't let the process be more stressful than it needs to be. Contact us today to have a dedicated partner by your side on your immigration journey.

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We are ready to listen to your needs and help you in a friendly, professional and straightforward way. Contact us to get started.

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