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Spouse Visa

The spouse visa (also referred to as the partner and spouse visa) enables an eligible foreign national to join and live with their partner in the UK if they are a British citizen or settled person (e.g. a person with Indefinite Leave to Remain or EU Settled Status). There is no automatic right to live in the UK through the marriage to a British citizen. You will need to apply for a Spouse Visa to live in the UK with your partner. Applicants must meet a set of eligibility criteria. If granted, a partner and spouse visa is initially granted for up to 2 years and 9 months. It is then possible to extend your stay and later apply for Indefinite Leave to remain, allowing you to remain permanently in the UK without being subject to immigration rules. After gaining ILR, you might be eligible to apply for British citizenship by marriage.

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Eligibility:

If you are a foreign national, you can apply to join your partner in the UK if your he/she:

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  • Is a British or Irish citizen (either by birth or naturalisation)

  • Has settled in the UK and has Indefinite Leave to Remain (ILR), permanent residence, or EU Settled Status

  • Has refugee status or humanitarian protection in the UK

  • Has a Turkish Businessperson visa or Turkish Worker visa

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The relationship must be genuine and subsistent and you must intend to live permanently together in the UK.

To make a successful application for a partner and spouse visa, you will need to meet a set of eligibility requirements, including providing evidence of:

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  • You are in a genuine and eligible relationship.

  • You have the ability to financially support yourselves: a minimum gross annual income of £18,600.

  • You have suitable accommodation in the UK

  • You meet the English language requirement: at least level A1 for your first visa application.

Spouse visa extension

After the initial period of 2 years and 9 months, it is possible to further extend a partner and spouse visa for a further 2 years and 6 months. You must be in the same eligible relationship with your UK based partner, and you must apply before your current visa expires.

Spouse visa to ILR

​Once you have resided in the UK for 5 years on your partner and spouse visa, you will be able to apply for Indefinite Leave to Remain (ILR). This will mean you can remain permanently in the UK and will no longer be subject to immigration control.

Spouse visa refused

There are several grounds on which an application for a spouse/partner visa may be refused, including if:

• The Secretary of State determines that the exclusion of an applicant from the UK is conducive to the public good.

• The applicant is subject to a deportation order as of the date of application.

• The exclusion of the applicant from the UK has been deemed conducive to the public good because of the applicant’s conduct, character, or association.

• Without a reasonable excuse, the applicant failed to show up for a compulsory interview, provide specified information, undergo a medical examination, or report when required to do so. It is immaterial whether the misrepresentation is intentional or known to the applicant or not.

• It is undesirable to grant entry clearance for medical reasons.

• The mandatory IHS surcharge, alongside other compulsory charges, have not been paid or have failed.

• You have not provided sufficient evidence of maintenance and accommodation.

 

If your partner or spouse visa application has been refused, speak to us and we will explain what best steps to take to ensure a successful outcome of your case

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