Partner and Spouse Visa— Rules You Must Know

If you’re about to apply or are in the process of applying for a UK spouse visa, you’re at the right place. We understand how difficult visa applications can be and for this reason, we’re going to help you understand the procedure.

What is a Spouse Visa?

A spouse visa, commonly known as marriage visa, permits the partner of a British citizen or someone who is ‘settled here’ to join their partner in the UK. Someone settled in the UK refers to an individual who has indefinite leave to remain in the country without any immigration restrictions.

Understanding the UK Spouse Visa Rules

Conditions

After you’ve applied for the leave to enter, the visa is typically issued for a period of 30 months during which the individual is allowed to work in the UK without any restriction. However, if you’re applying from outside the UK, you may get a 33 months issuance.

At the end of the initial period (30 or 33 months), the holder has to apply for a visa extension which can extend your stay up to 5 years. Once you get the 5-years-extension, you are eligible to apply for the Indefinite Leave to Remain (ILR) given you are still married to and living with your spouse in the UK.

The indefinite leave application will require evidence of cohabitation during the 5-year-period, along with the following terms met:

• Applicant and sponsor be both 18 years or older and outside the prohibited degree of relationship,
• Both parties have physically met each other and are legally married,
• They both intend to permanently live together as a couple in the UK,
• The sponsor earns more than £18,600 per annum or has enough savings to sponsor the applicant.

Other requirements include the English language requirement, accommodation requirement, and financial requirements for the applicant. You can then apply for naturalisation as British citizen after the ILR is granted to you.

Bereaved Partners and Domestic Violence Provisions

The ILR will be granted to applicants whose sponsors passed away before they could complete their required time period. The same is applicable for any victims of domestic abuse who have a partner visa or sponsorship by a UK citizen. Even if the relationship breaks down before the required time period, the individual can still apply for ILR. The provision for domestic violence also applies to those with refugee status who are yet to receive their ILR.

In Case the Relationship Ends

Should the relationship end before your partner was able to complete their required probationary period prior to applying for permanent residence, you should notify the UKBA. The UKBA will then decide whether to cancel your partner’s visa or not. Factors that may affect their decision include the basis of stay (if it has changed) and any reasons why it would be inappropriate to cancel their stay.

Applying for any kind of visa can be complicated. It is, therefore, best to get legal help from a reputable company that will guide you through the process. If you’re looking for legal help in Wembley or Middlesex, get in touch with Wembley Solicitors.

We can help you with your visa application and make the process simple for you. For more information about our services and rates, reach out to us on our website.