The need for spouse visas
The UK Spouse Visa, commonly known as a UK Marriage Visa, allows non-UK nationals to join their partner in the UK. Once you have it you are then eligible to work or study in the UK once the visa has been granted. You and your spouse must be 18 years old or over and you must have also met each other and be legally married – this is to prevent arranged marriages. To add to this, you must also make sure you fully satisfy the English language requirements.
The financial requirements of this kind of visa
If you are bringing your spouse to the UK you must prove that you both have a combined income of at least £18,600 a year. This is the most important part of your application, that many fail to fulfill, therefore have their visas rejected. The UK doesn’t want to bring people that are not capable of financially maintaining themselves, therefore they are requiring them to be able to earn a minimum amount of money.
Language requirements
One of the very important UK Spouse visa requirements is that of English language knowledge. When you submit your visa application, you shall also submit some document that proves your English knowledge. You can do this in a couple of ways. This can be by submitting a document or academic qualification that was taught or researched in English, which is recognized by UK NARIC as being equivalent to a UK bachelor’s degree or higher. The other means of this is by taking an approved English language test and passing it with at least a CEFR level A1 in speaking and listening.
UK Spouse Visa Application
You will need to apply online if you are applying from outside of the UK. To begin your UK spouse visa application you have to complete the form VAF4A. Whereas, if you are in the UK you have two choices. You can apply online, or by post. You can also apply at a premium service center. In order to do so, you will have to fill in the form and book an appointment. Either this or make an online application and book an appointment.
The fees / what this will cost to undertake
The UK Spouse Visa fees depend on the way you apply. If you apply for a UK spouse visa from outside the UK to join your partner you will have to pay a fee of £1,464. 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.
You will have to pay an extra £1,464 for each dependant if you apply outside the UK, £993 if you apply in the UK online or by post and £1,583 if you apply in the UK in person with the premium service. 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. COVID has had a part to play in this though these timings have now restored more in recent times.
Proving their salary
The sponsor (i.e. the British citizen or settled person) must show that they can support their partner. This is by earning a pre-tax annual salary of £18,600. The sponsor’s income must be higher if any dependent children of the applicant or of the applicant’s partner are also applying for leave to enter or remain, or are already in the UK with leave as a dependant. “Child” means any person under the age of 18 years. Either this or someone who was under the age of 18 when they first applied for a visa. Key documentation
Documents showing how someone meets the financial requirements must be presented in a specific format. For example, bank statements must be originals, or stamped by the bank on each page or accompanied by a cover letter from the financial institution. The bank account must belong to the sponsor or jointly to the sponsor and the applicant. Payslips must be originals or accompanied by a letter of the employer. It must contain certain information about the employment. This is such as level of income, type of employment and length of employment. Savings must be in cash (this means that they can be easily withdrawn, not that you need to keep your money under the mattress). After all, this is a very serious legal process.
The time this process will take
It is also fundamental that the evidence covers the specified time period. Generally speaking, the most recent document must not be older than 28 days before the day the application is submitted. Employment must cover six consecutive months before the application and evidence of self-employment must normally cover the latest financial year. Savings above the required limit must have been in the sponsor’s (or applicant’s) bank account for six consecutive months.
In the case your income is less that £18,000 a year
If your sponsor earns, say, £50,000 a year in a job they have been working in for years you probably don’t need to worry about this section. This is a much more detailed discussion of the minimum income requirement. This is for people whose sponsors don’t earn £18,600. It is also for people have just started a new job. It might be struggling to meet the threshold for some other reason. There are various ways in which the required income and/or savings can be demonstrated. In some cases sources of income can be mixed and matched, in others they cannot.
The Home Office policy guidance deals with the various categories, and it is not easy reading, even for who are used to the Rules’ convoluted style.
Overall
Joining a loved one in the UK or being able to continue living with a loved on in the UK, might well be the most important thing in your life. Unfortunately, you will need a spouse or Partner visa. This will mean navigating a host of complex legal and procedural requirements. Whether you are applying for the initial spouse or Partner visa, known as ‘entry clearance’, or whether you have already been granted the initial and are now looking to extend your ‘leave to remain’, make sure you are as complete and diligent as you go about your full application.
