UK Spouse Visa

The UK Spouse Visa is a specific route in immigration law which allows overseas nationals to come and live with their loved ones in the UK. However, it can be a complex process as route is fraught with high refusal rates, hefty paperwork and complicated requirements.

What is the UK Spouse Visa?

Otherwise known as a ‘Marriage Visa’ or ‘Partner Visa’, the Spouse Visa UK permits overseas nationals to come and live in the UK with their British spouse for up to 30 months.

It is vital that the partner (‘sponsor’) of the applicant is either a British citizen or someone who has Settled Status in the UK. The couple must also be aged 18 or over.

Spouse Visa holders are permitted to gain employment in Britain, but they are prohibited from public funds such as carer’s allowance, social housing and Universal Credit.

Moreover, the rules, requirements and eligibility criteria of this route remain notoriously difficult to satisfy. The criteria can vary from applicant to applicant too, depending on your personal circumstances. It is also important to note that the Spouse Visa rules apply to all foreign nationals, including EEA citizens.

The Spouse Visa requirements 2021

The Spouse Visa requirements have some complex criteria to overcome. In fact, it is arguably the hardest visa to apply for in the entirety of British immigration law.

Generally speaking, the Spouse Visa rules dictate that:

• The couple are both aged 18 or over
• The marriage or civil partnership is legitimate (I.e., recognised in UK law)
• The ‘sponsor’ of the applicant must be a British citizen or someone with Settled Status
• The pair have lived together and been in a relationship for the past two years (with proof)

The applicant and his/her partner must also meet the following requirements:

• Pass the ‘genuine relationships test’
• Meet the minimum income threshold
• Pass an English language test
• Have appropriate accommodation in the UK
• Take a tuberculosis (TB) test (depending on country of residence/birth)

The genuine relationship test

It is important to note that the UK Spouse Visa is only applicable to couples who are legitimately married or who are in a civil partnership. Couples who are engaged or in a long-term relationship that is akin to marriage can instead apply for a Fiance Visa or Unmarried Partner Visa.

Furthermore, you must pass the ‘genuine relationship test’. This is a largely subjective test in which a UK immigration officer will closely assess your application and, ultimately, the sincerity of your relationship.

The Government considers this aspect of the application a priority in order to crack down on ‘sham marriages’ and ‘marriages of convenience’, meaning you must convince UKVI that your relationship is legitimate and not fraudulently arranged for visa purposes or immigration advantages. Speak to a UK immigration advisor in our team.

Since this aspect of the Married Partner Visa is subjective, there is not a singular checklist of documents to submit. However, you might want to consider submitting the following documents in your application:

• Evidence of having lived together (whether in the UK or overseas) such as a joint mortgage or tenancy agreement
• Birth certificates of any children you have together
• Evidence of your joint finances like bank accounts, savings and money sent to one another
• Your marriage certificate or evidence of your civil partnership
• Photographs together throughout your relationship
• Text messages, email correspondence or social media chat logs
• Travel documents that prove you’ve met at least once before you married
• Proof of your joint accommodation in the UK