How to Get a Partner or Spouse Visa to Live in the UK
If you’re reading this article it means that you are currently looking to relocate a loved one to live with you or at least join you in the separate country. In this case, it is the UK and maybe you’re the one living there or you’re wanting your spouse (husband, wife or civil partner) to make the move with you. If you’re wanting that person to join you to live with you for over 6 months then you will need to apply for a spouse visa from outside of the UK – please note, if it’s less than 6 months you’ll need a visit visa instead.
A lot of the time these applications can be tricky so please note if yours gets rejected, the appeal process will take between 6-9 months, which is why it is always best to seek help from an immigration service to ensure the best possible case is made.
So How Long Will the Visa Last For?
If it’s for your spouse, the visa will last for a total of 33 months. At this point, they can then renew their visa from the UK for another 2 years and 6 months.
However, if it is a fiancé (not husband, wife, civil partner), it will be 6 months, for which your partner then can apply for further leave as a spouse after this time. They’ll then be able to apply to settle in Britain after 5 years as a spouse.
What Visa Will They Need?
While they’re typically believed as being a spouse, there can often be a lot of confusion around what visa they will need. It will entirely depend on your circumstances:
- As a British citizen = They’d need a Family Visa.
- As a settled person in the UK (If you’ve qualified for indefinite leave to remain) = Again they’d need a Family Visa.
- As an EEA National living in the UK and your dependent isn’t from the EEA = They’d need to file for an EEA Family Permit.
- If you’re both planning on getting married and living there = They’d need a Family Visa.
- If you have a general Tier 2 Visa = Apply as a dependant of a Tier 2 holder
- If you have a Tier 4 student Visa = Apply as a dependant of a Tier 4 holder
How Much Will They Need to Earn?
To qualify, you will need to be earning a certain amount of money or alternatively, have enough savings to bring your spouse to live with you in Britain. This is also more formally known as ‘meeting the financial requirement’. If you fail to meet this, then you will need to show evidence that you earn a minimum annual income before tax. This figure or total amount will depend on who you’re applying to bring with you to the UK.
- If it’s just your spouse or partner, you’ll need to earn £18,600 before tax.
- If it’s your spouse or partner and a child, you’ll need to earn £22,400 and for every additional child after that, another £2,400 must be earned.
This again can be confusing so it is always best to seek advice from an immigration lawyer or make sure you read the full details about meeting this financial requirement which can be found on the UK’s government website.
Make Sure You Provide the Correct Evidence
Often, visa applications commonly get rejected because there is not enough evidence to prove a person’s case within their application. You will need to provide evidence for everything you say in the application so make sure you follow the guidance for the specific visa you’re filing for.
You will need to also show that you’re in a genuine relationship, therefore, you may need to show proof that you have lived together, have children or have shared bank account details.
The person in question will also need to attend an interview as part of the application process. These interviews often take time so make sure you apply with plenty of time to spare to ensure you’re seen before you’re wanting to relocate – This especially matters if you’re about to get married or enter a civil partnership.
During this interview, the applicant will be asked a series of questions about the relationship and if you’re already married, they should always bring evidence to show this. It always helps to attend interviews together if you’re in the same country when the appointment is set to take place.
What to Do Once They’ve Arrived
Your partner will need to collect their biometric residence permit (BRP) within the first 10 days of arrival in the UK and it is vital that this is not forgotten. A letter will be given to you telling them where they can collect these from. Failure to meet this deadline could result in a fine or visa cancellation.
You can email the British Home Office if you’re unsure about where to pick the BRP up from.
As mentioned, this is highly confusion process, which is why it is recommended that you speak to a specialist so they can ensure that your application has the best possible chance. Please get in touch with us today and find out just how we can help.