How to Be in the Clear for Spouse Visa Requirements

If you or your spouse want to apply for a UK visa via the spousal option, you most certainly can. It isn’t, however, as easy as it sounds on paper. It doesn’t entail barging into an embassy asking for a ticket to the UK because you married someone from there.

It’s a bit more nuanced than that

Here’s all you need to know about it.

What’s a Spouse Visa?

A spouse visa is when your spouse sponsors your application for a visa to the UK. If you’re already in the UK and applying from here, you’ll need an FLR M form—which are usually for long-term stays.

Can such a visa application, if accepted, lead to something bigger? Yes, it can. You can get to an Indefinite Leave to Remain (ILR). You can also secure a British citizenship through a spouse visa. However, in order for the latter two to conspire, you will need to be independent—that is, you shouldn’t be dependent on your spouse to remain in the UK.

You can get to the indefinite leave point after spending 5 years in the UK.

Can You Get Benefits if the Visa is Granted?

No, you are not entitled to any benefits in the UK if you’re coming in on a spouse visa—that is, you are not eligible to receive anything from the public funds. The Immigration Rules list “public funds” as those including pension credit, council tax reduction, attendance allowance, housing benefits, income support, child tax credit, working tax credit, etc.

Will I be Eligible to Work on a Spouse Visa?

Yes, you can work on a spouse visa—in fact, we strongly recommend that you do. Working and taking up local jobs is a good step towards ensuring indefinite leave or British citizenship which you can’t get otherwise. In fact, you get more benefits than you get from the Fiancé Visa when you work on a Spouse Visa—under which you cannot work in the UK.

Is There an Age Restriction?

Most definitely. Both you and your spouse must be over 18 years of age at the time of the application. Other conditions include your and your partner’s decision to live permanently in the UK. This goes especially well if you’re both working individuals with sustainable jobs that will last in the long run. One of the trickier conditions is that you must have met your UK-based partner in person. You can’t just bring someone in you haven’t physically met.

Need Legal Counsel?

It’s always a good idea to have legal backing for any immigration law needs you have. Get in touch with us at Wembley Solicitors to ensure you don’t run into any legal roadblocks.