A Complete Guide to Getting the British Spouse Visa

Joining your loved one in the UK or continue living with your partner in the country might be an important aspect of your life. However, before uniting with your loved one in the UK, you would need a spouse or partner visa. We understand that it can be hard to get a spouse visa as there are several legal and procedural hurdles to overcome when getting one.

Don’t worry if you’re overwhelmed with the complexities of the requirement. We’re here to guide you in making the process as seamless and smooth as possible. Here’s a complete step-by-step guide to getting a British spouse visa.

Understand The Procedure

When filing for any visa, let alone a spouse visa, it is important to understand the legal requirements and procedures of applying and obtaining the visa. If you get the procedure wrong, then there is a high chance that you’ll have a stressful experience. If you mess up any legal requirements, then there are chances that your application might be refused. Being dishonest in your application will mean that the doors to the country are closed forever.

The Home Office defines certain definitions as to who can be considered as a partner. If you’re unmarried, then a partner is defined as someone who has been in a relationship for more than two years, like a marriage or civil partnership. Furthermore, you can be a civil partner or a fiancé, or a proposed civil partner. The most straightforward is that if you’re married or in a civil partnership.

If you’re outside the UK, you will need to apply for a visa from the country you currently reside in. However, if you are physically present in the country, the issue can be complicated as everything would depend on your current visa status.

Requirements To Fulfil

There are extensive legal, suitability, relationship, and financial requirements you would need to fulfil to get the spouse visa. All the legal requirements are listed in the Immigration Rules section, known as Appendix FM.

If you have a history of prior misconduct or if you fail to fulfil the suitability requirements or the general grounds of refusal, then there are chances that your visa application will be automatically refused. To learn more about the legal and suitability requirements, consult an immigration lawyer who specialises in immigration law.

The relationship requirements are more routine and less complex than other requirements. Some of them are listed below:

  • Need to be older than 18 years.
  • The relationship should not be under the “prohibited degree of relationship.”
  • You must have met in person.
  • You should not have any other previous relationship during your current one.
  • If you are married or in a civil partnership, then it must be valid under the rules of the UK

Immigration officers will test the “genuineness” of the relationship by examining many factors, such as the willingness of both parties to live together in the UK permanently. They might ask for evidence to prove the genuineness of the relationship.

The most common ground of refusal is the failure to comply with the financial requirement. The threshold is based on an annual gross income of £18,600 and if you have dependent children, add another £3,800 for the first and £2,400 for each child after that. Another important aspect is that you need to speak adequate English to consider a British spouse visa.

The requirements for a spousal visa are complex, and it is advised to consult an expert immigration lawyer. If you’re looking for a lawyer in London to get a spouse visa, then get in touch with Wembley Solicitors. We will guide you through the process and explain all the legal, relationship, and financial requirements for a spouse visa. Contact us with all your visa queries today!