In simple terms, a UK Spouse Visa applications lets individuals married to a UK citizens immigrate and live in the UK. The person one is married to, must be a citizen of the UK. Moreover, that person must not have any immigration prohibitions on the duration of their residency in the UK.
Read: 9 Ways To Make A Judge Rule In Your Favor
However, one cannot secure permission to reside in the UK only via marriage to a UK citizen. Those individuals must make a UK Spouse Visa applications for their partners’ visa to stay with their spouses in the country. The applicants eligible include those in a civil partnership, married or unmarried!
Who Are Eligible For UK Spouse Visa Application?
To apply successfully, one must meet the following UK spouse visa requirements!
- If the married partner is a British (or even Irish) citizen by naturalisation or by birth!
- If the spouse in the UK possesses permanent residency, ILR – (Indefinite Leave To Remain) or EU-settled status!
- Likewise, if the individual residing in the UK possesses humanitarian protection or has refugee status!
- Similarly, if the individual living in the UK has a Turkish businessperson or Turkish worker VISA!
Other Eligibility Requirement for UK Spouse Visa Applications
In addition to the above criteria, one must also meet each requirement for a spouse Visa!
- Both individuals must be 18+ (legally).
- They must be married legally and must know one another properly!
- One must have sufficient funds to support themselves. They must not rely on public funding.
- The sponsoring partner must make over £30,000 per annum. Moreover, the earning member must have adequate savings to sponsor their partner. In the case of reliant kids, the sponsoring sum must be higher.
- One must possess an appropriate accommodation for the spouse and others reliant!
- The person relocating to the UK must meet the requirements for the English language!
To most folks, understanding these eligibility criteria can be confusing. To remove all doubts, Visa Solicitors UK play a crucial role!
So, individuals wanting to live with their UK-residing spouses must always consult with spouse visa UK solicitors! Their presence and knowledge will ensure potential spouse visa refusal situations.
Steps To Apply for Spouse Visa UK
To apply for spouse VISA UK, individuals must visit the relevant official website and follow the steps!
- Firstly, check the criteria for Spouse Visa Application.
- Prep all crucial docs to affirm your eligibility.
- Fill out the Spouse Visa Application form.
- Complete the payment!
- Upload all crucial docs to substantiate your Spouse Visa Application!
- Set up a biometric application. It requires your recent photo and your fingerprint scans!
- After that, your Spouse Visa Application is complete!
Once you meet the requirements, you get an interview call!
Provisions for Spouse Visa Extension
To clarify further, one can apply for a spouse visa extension, post the initial phase of 2 years and 9 months. The extension period is another 2 years and 6 months!
However when applying for a spouse visa extension; you must remain with the same UK-residing partner. Moreover, you must also apply for an extension before the existing visa expires.
UK Spouse Visa Application – Common Pitfalls!
It feels great when a Spouse Visa application gets successful approval! However, not many are fortunate.
To clarify, a Spouse Visa Application is often daunting and complex. The process is rigorous and needs proper attention to every iota of information!
Consequently, even the slightest mistake can lead to delays or worse – a spouse Visa refusal! Most times, people experience disappointment! Therefore, one must always pay attention when providing details and documents from the beginning.
Insufficient Proof Of The Relationship
The UK immigration home office seeks adequate evidence to substantiate the genuineness of the marriage relationship. However, things can become complex when one does provide adequate proof of their wedding.
Those instances may include sharing improper pictures, inadequate communication history and even ignoring conjoint responsibilities.
Not Meeting The Financial Stability Criteria
Another crucial aspect is meeting the financial stability criteria. As per the UK norms, the sponsoring partner must make over £30,000 per annum. Moreover, the earning partner must have sufficient finances to sponsor their spouse.
However, if the earning member cannot/does not provide sufficient payslips. Or present shows old bank statements, or even uses pre-tax figures rather than net income, then they are in trouble! Not meeting the financial stability criteria may result in a spouse Visa refusal!
Not Demonstrating Apt Proficiency in the English Language
Another common pitfall of a Spouse Visa Application is not meeting the English language proficiency requirements! To clarify, you must demonstrate an apt proficiency in English (the commonly spoken language in the UK).
If you cannot, then you may suffer a potential spouse visa refusal! Moreover, if you have taken an English proficiency language test but do not showcase the subject degree, then, too you may also face troubles!
Not Meeting the Accommodation Criteria
According to the UK spouse visa requirements, you must possess an appropriate accommodation for the spouse and others reliant! However, if one cannot fund an accommodation for their spouse and kids, then a potential rejection is on the cards!
Concealing Previous Criminal Convictions
The UK immigration home office also conducts criminality and character inspections! So, if one has a previous criminal conviction and conceals the information, it could result in a spouse visa refusal!
In Addition To These, Other Common Pitfalls Of A Spouse Visa Application Includes
- Not completing the Spouse Visa Application online form properly.
- Not paying the Immigration Health Surcharge!
- Ignoring the UK Immigration Home Office’s requests for presenting additional details and documents.
- Above all, not seeking proper advice from spouse visa UK solicitors!
How to Avoid The Common Pitfalls of Spouse Visa Application?
Case 1 – Insufficient Proof Of The Relationship
One must share proper information about their relationship status. Those details include as follows –
- Joint bank accounts
- Common utility bills
- Joint ownership of property rental or ownership
- Pictures of both together pre and post-marriage
Moreover, to avoid mistakes, share up-to-date pictures, information and other evidence. It will help the authorities confirm the authenticity of your relationship status. In addition, also ensure the documents relate to the Spouse Visa Application. That will eliminate the possibility of delays or a spouse visa refusal and improve success chances!
Case 2 – Not Meeting The Financial Stability Criteria
For a successful Spouse Visa Application, one must share clear and recent bank statements, tax returns and pay slips. All of these are to prove their financial stability in the UK to support the spouse (and kids, if any).
Do not make mistakes when sharing your financial evidence. Make sure they are up-to- date! In addition, also present proper documents that adhere to the UK immigration home office’s particular demands!
Case 3 – Not Demonstrating Apt Proficiency in the English Language
To clarify further, for a Spouse Visa Application approval, the non-native spouse must have apt English Language proficiency! Therefore, the non-native individual must clear the AI-level English Language test depending on the category of the visa!
The UK immigration home office only considers test certificates from selected exam providers. So, non-native individuals must take the applicable test to meet the home office’s demands!
Moreover, The Individual Must Ensure The Exam Certificate Contains The Following Details.
- Details about the candidate
- The date of the examination
- The test scores
Moreover, properly check the validity and acceptance of the exam certificate!
Case 4 – Not Meeting the IHS (Immigration Health Surcharge) Requirements
Most individuals miscalculate the IHS (Immigration Health Surcharge) or fail to pay altogether! Unable to pay the amount in the correct time, most request for a spouse visa extension! However, the issue is the total IHS cost will also get higher with delays.
Consequently, such delays cause more complications in the UK immigration home office application process.
As a result, individuals must properly check the IHS calculations and pay them at the right time! Pay the sum in the full amount to avoid calculation mistakes later on!
Case 5 – Incomplete Spouse Visa Application Form
Make sure you enter all details with supporting documents. All utility bills, rental deals, and bank statements should be consistent. The slightest mistake can cause doubts and increase the likelihood of a potential spouse visa refusal!
To Sum Up On UK Spouse Visa Applications
The best way to avoid such common pitfalls during spouse visa applications is to consult with spouse visa UK solicitors near you! So, get in touch with one and make spouse visa procedures smooth sailing with their customised guidance!
Author’s Bio
Andy Mason Perry is a solicitor working for Immigration Street Legal and helping with the spouse visa application process in Manchester! He also loves blogging and sharing insights on the ways to apply for a spouse visa and how to make the process smooth and rewarding!