Getting your spouse visa application done and completed
Applications in the spouse visa category are made using an online application form. There is a different application form, depending on the overall type of application you choose to undertake. This is due to the different processes that are also involved. For spouse visas being made outside the UK, the Sponsor must be able to show that they are earning or receiving income from their employment. This all needs to be done in a very above board manner and you also need to be as clear and open as you can be also.
Do you need to apply from inside the UK or from outside the UK?
If you already outside of the UK then the answer is simple, you will need to apply for your spouse visa from outside of the UK. If you are already in the UK, then this issue is not always so straightforward. To add to this, if you are in the UK, with valid leave to remain in some other immigration category, then you can ‘switch’ into the spouse category from within the UK. The only exception to this is if you are here as a visitor, in which case you are explicitly prevented from switching in – country and will need to apply from abroad.
If you want to apply from within the UK and do not have lawful status, for example, if you are overstaying, then you will need to show there are ‘insurmountable obstacles’. This is to you and your partner living together abroad – a strict test. If you do not have status, you should return home to apply for your visa. If you are considering going home to apply then you need to be sure there is no basis on which you could be ‘locked out’. This is from the UK such as a Suitability or General Ground of Refusal. Previous immigration or criminal offending, or deception or dishonesty could well ‘lock you out’ for a period of varying length.
The General Grounds of Refusal
There are requirements which relate to an applicant’s prior conduct. If you fail on of these so-called Suitability requirements or General Grounds of Refusal, then this will lead to your application either being automatically refused or ‘normally’ being refused.
Undertaking this process if you may be coming to the UK from India
If you are an Indian national and looking to move to the UK to reside with your British partner, then you’ll need an appropriate visa for your initial entry in order to reside here long term. For a general overview as to visa types, evidence required and application procedures, feel free to watch our short webinars. If a fiancé(e), partner or spouse visa is what is you want to apply for, our guide below to getting a UK visa for Indian citizens will help you understand the process.
The important submission process
The first stage is to visit the UK Gov website on which you will have to complete a lengthy application form which asks detailed questions about your background and current circumstances. Take your time completing this part as it is important for the application to be factually correct and consistent with the evidence you will provide for legal assessment. Once the form is completed and confirmed, you’ll be directed to pay the application fee. You will also need to pay the Immigration Health Surcharge. This is a compulsory charge for access to NHS in the UK for the duration of the visa. The date both payments are paid is the official application submission date.
The importance of being able to speak English
Yes, most visa applicants will need to take an English language test to prove they have a certain level of English before they can make a visa application as a spouse or partner. The level of English needed varies depending on it is an initial visa application or an extension application. There are strict requirements about which English language test they and the evidence that must be provided. There are certain exemptions from needing to take a test. This is for those who have studied a degree taught in English or nationals from certain countries.
Whether married or not married
If you are not married, then you and the applicant must have been living together continuously in a serious relationship for at least 2 years prior to the UK visa application being made. If you are not yet married and wish to marry in the UK you can apply for a fiancé visa. This type of visa will allow the applicant to enter the UK to marry. From here you can then apply to switch their visa to that of a spouse.
Whether or not you can stay here permanently
An applicant will be granted 30 months stay in the UK, or 33 months if applying from outside the UK. The visa is extendable and can lead to being eligible for permanent residency in the UK. This is also known as indefinite leave to remain after 5 or 10 years. Much of this depends on whether certain requirements are met.
The requirements for a visa to come to and / or stay in the UK as a spouse are complex. The documents required are very specific. It is very strongly advised that you seek legal advice. This is key before making an application. You need to do this otherwise you risk losing the very substantial application fees. From here you could potentially being involved in a lengthy and costly appeal process.
In the case that your visa may be refused
There are limited rights of appeal against Home Office decisions to refuse to grant visas on family/private life applications. The appeals must be submitted within a very short time frame. The appeals will be heard by an Immigration Judge at the First Tier Tribunal (Immigration and Asylum Chamber). If you are out of the UK you will not be allowed to enter for the appeal. That said, you can appoint a UK lawyer. This is to advise and advocate for you and your partner / family members in the UK can attend.
It’s true, the financial requirements for UK partner visas are onerous – failing to meet them can cause you massive heartache down the line. When applying for your extension, you will be required to show you can meet the financial requirement. You will need to show that you and your UK partner have an annual combined income of £18,600. Either this or cash savings of £62,500. The documents needed to satisfy this requirement are extensive so it’s best to get started way in advance. Just make sure you are very much on the case when it comes to the application sooner rather than later and you should be fine.
