UK Spouse & Partner Visa Lawyers
Uniting Loved Ones in the UK
Navigating the UK spouse visa process can be complex and emotionally challenging for couples seeking to build a life together in the United Kingdom. The Home Office’s strict requirements and ever-changing immigration rules make it crucial to have expert guidance throughout the visa application process. BPA Immigration Lawyers specialises in helping couples obtain the necessary permissions to settle in the UK with their British citizen or settled partner.
Our team of experienced immigration lawyers has a deep understanding of UK spouse visa regulations and a proven track record of successful applications. We guide clients through every step, from assessing eligibility to preparing a robust application that meets all Home Office criteria. Whether you’re applying for a fiancé visa, dealing with a visa refusal, or looking to extend your stay, our knowledgeable lawyers are here to provide personalised support and increase your chances of a positive outcome.
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What is a Spouse Visa?
The Spouse Visa, also known as a Partner Visa, is your gateway to living and working in the UK if you are married to a British Citizen or someone with indefinite leave to remain. You can apply for this visa if you are:
- The husband, wife, or civil partner.
- An unmarried partner (living together for at least 2 years).
- A fiancé or fiancée, planning to marry in the UK.
Eligibility Requirements for UK Spouse Visas
To obtain a UK spouse visa, applicants must meet several key eligibility requirements. BPA Immigration Lawyers specialises in guiding couples through these complex criteria, ensuring a smooth application process. Here’s an overview of the main requirements:
Financial Requirements
The financial threshold for spouse visa applications has recently changed. For those applying on or after 11 April 2024, the minimum income requirement is £29,000 per year. This applies regardless of whether children are included in the application. However, if you applied before this date, the previous threshold of £18,600 still applies, with additional amounts required for dependent children.
The Home Office categorises income sources from A to G, which helps determine how each type of income is calculated:
- Categories A and B: Salaried and non-salaried employment
- Category C: Non-employment income (e.g., property rental, investments)
- Category D: Cash savings
- Category E: Pension income
- Categories F and G: Self-employment or income from directorship/employment of a limited company
It’s important to note that some income categories can be combined to meet the threshold, while others cannot. For entry clearance applications, the sponsor’s employment income can be used. However, the applicant’s employment income is only considered for leave to remain or indefinite leave to remain applications .
Cash savings from either the applicant, sponsor, or both can contribute to meeting the financial requirement. These savings must be held in an account in the name of the applicant, sponsor, or jointly.
English Language Requirement
Demonstrating proficiency in English is a crucial part of the spouse visa application process. Applicants must prove their knowledge of English in one of three ways:
- Passing an approved English language test at a minimum of level A1 on the Common European Framework of Reference for Languages (CEFR) scale.
- Holding a degree or academic qualification taught in English.
- Being exempt from the requirement.
Exemptions apply to applicants who are:
- Over 65 years old
- From certain English-speaking countries, including Australia, Canada, New Zealand, and the USA
- Diagnosed with a long-term physical or mental condition that prevents them from meeting the requirement
It’s crucial to ensure that your English language test certificate is valid when applying, as results are only valid for two years.
Accommodation Requirement
Applicants must demonstrate that their accommodation in the UK meets specific standards:
- Legal and Exclusive Occupancy: The property must be legally owned or occupied exclusively by the applicant’s family. This doesn’t mean you must be the only occupants, but there should be a dedicated portion for you and your spouse.
- No Recourse to Public Funds: The accommodation must be obtained without relying on public funds.
- Not Overcrowded: The property must comply with the Housing Act 1985 guidelines on overcrowding. This involves considering the number of people, their ages, and the number of suitable rooms for sleeping.
- Public Health and Safety: The accommodation must meet UK public health regulations. Issues like mould, low energy ratings, or lack of a gas safety certificate may lead to failure of this requirement.
To prove adequate accommodation, applicants may need to provide:
- Mortgage agreements or title deeds
- Tenancy agreements
- Letters from landlords or local councils
- Confirmation letters from friends or family members providing accommodation
Meeting these eligibility requirements can be complex, but BPA Immigration Lawyers has extensive experience in helping couples navigate the UK spouse visa process. Our team of skilled lawyers can assess your situation, advise on the best approach to meet these requirements, and guide you through each step of the application process. With our expertise, we aim to increase your chances of a successful outcome and help you start your life together in the UK.
Application Process for UK Spouse Visas
The UK spouse visa application process can be complex and time-consuming. BPA Immigration Lawyers specialises in guiding couples through this intricate journey, ensuring a smooth and efficient application process. Here’s an overview of the key steps involved:
Required Documents
To apply for a UK spouse visa, applicants need to gather a comprehensive set of documents. These include:
- A valid passport or other travel document
- Proof of a genuine relationship (e.g., marriage certificates, photographs)
- Evidence of meeting the financial requirements
- Proof of English language proficiency
- Documentation showing adequate accommodation in the UK
- Tuberculosis test results (if applicable)
Applicants must also provide:
- Complete UK spouse visa application forms
- Copies of passport photo pages and any visa or entry stamps from previous passports
- Details of previous immigration applications
- Information about any criminal convictions
For non-British applicants, additional documents may include:
- English language certificate or degree certificate
- National Insurance number (if already in the UK)
The UK sponsor must provide:
- Travel documents
- A spouse visa letter of support detailing the relationship and reasons for granting the visa
To prove the relationship is genuine, couples can submit:
- Chat logs from social media or text messages
- Travel documents showing visits to each other
- Pictures documenting the relationship’s progression
- Marriage certificate (if applicable)
- Divorce certificate (if applicable)
Biometric Information
As part of the application process, most visa applicants must attend a biometric appointment to provide their personal biometric information. This appointment is mandatory for any UK visa longer than 6 months.
During the appointment, applicants will:
- Have their fingerprints scanned
- Have their passport scanned (and possibly retained if applying from overseas)
- Have a digital photograph taken
- Provide a digital signature
Applicants under 18 should be accompanied by a responsible adult named on their application.
To book a biometric appointment:
- Create an account on the UK Visa and Citizenship Application Services (UKVCAS) website for UK-based applications, or the relevant visa application centre website for overseas applications
- Follow the website instructions to book an appointment
Applicants should bring:
- A printed copy of the appointment confirmation with a clear QR code
- Their passport or other relevant travel document
- Supporting documents (either uploaded electronically or brought to scan at the appointment)
The cost of biometric appointments varies depending on the service and location chosen. Core service points offer free appointments, while enhanced service points charge a fee .
Processing Times
The standard processing time for a UK spouse visa application in 2024 varies depending on the applicant’s location:
- For applications made outside the UK: 2-3 months on average
- For applications made inside the UK: 6-8 weeks on average
For out-of-country applications, the processing time typically starts when the applicant attends the biometric appointment at the visa centre. However, applications from the United States are an exception, with processing time beginning when the applicant’s passport is received at the New York scanning hub.
Applicants can opt for faster processing through the super-priority service:
- In-country partner visa applications: Usually processed within 1 working day
- Total Home Office fee for one applicant using the super-priority service: £2,258 (including the standard fee of £1,258 plus an additional £1,000 for the super-priority service)
It’s important to note that some applications may take longer to process if:
- The information provided is inaccurate or requires further consideration
- Additional evidence is needed
- Supporting documents need verification
- An interview is required
- Further information on personal circumstances is necessary
- There is increased visa demand
BPA Immigration Lawyers can help streamline the application process, ensuring all required documents are correctly prepared and submitted, and advising on the most suitable processing options for each client’s unique situation.
Extending Your UK Spouse Visa
After initially entering the UK on a spouse visa, individuals may need to extend their stay. The extension process involves demonstrating continued eligibility and meeting specific requirements. BPA Immigration Lawyers specialises in guiding clients through this crucial stage, ensuring a smooth transition to extended residency.
When extending a UK spouse visa, applicants can typically stay for an additional 2 years and 6 months. However, those who initially entered as a fiancé, fiancée, or proposed civil partner on a 6-month visa must apply for an extension to continue their stay.
To qualify for an extension, applicants must prove their ongoing relationship status. This can be done by showing that they are in a civil partnership or marriage recognised in the UK, or have been living together in a relationship for at least 2 years. For couples unable to live together due to work, study, or cultural reasons, evidence of ongoing commitment is crucial.
Cohabitation Evidence
Proving cohabitation is a key aspect of the extension process. Applicants need to provide 2 years of cohabitation evidence, including at least 6 joint items from 3 different sources. BPA Immigration Lawyers recommends aiming for around 10 high-quality, jointly addressed documents, ideally one every 2-3 months.
To make this process easier, couples should:
- Put joint names on council tax bills and utility accounts
- Consider opening a shared bank account
- Consistently gather and organise relevant documents throughout their stay
If joint documents are unavailable, each partner must provide individual documents totalling the minimum requirement. For instance, with no joint documents, 12 individual documents (6 each) from at least 3 different sources would be needed.
Updated English Language Test
For the extension application, applicants must demonstrate an improved level of English language proficiency. Those extending their 33 or 30-month spouse visa are required to pass an approved English language test at a minimum level of A2 on the Common European Framework of Reference for Languages (CEFR) scale .
For example, an applicant named Dean, who has lived in the UK with his partner Sarah for nearly 30 months, would need to pass an English test at a minimum level of A2 at a Home Office approved test provider to meet the English language requirement for his FLR(M) visa application (spouse visa extension) .
Applicants can choose to take a higher-level test than required. This strategy can be beneficial for future applications:
- If an applicant passes a B1 level test or higher, they may be able to use this result again when applying for settlement after 5 years.
- A higher-level test result can be reused for later applications to extend the visa or apply for Indefinite Leave to Remain, provided the applicant has had ‘continuous leave’ since their last partner visa application .
It’s important to note that certain individuals are exempt from proving their English language knowledge, including:
- Those over 65 years old
- Applicants with a physical or mental condition that prevents them from meeting the requirement
- Those who have been in the UK on a family visa for 5 years and are extending it as a partner or parent
BPA Immigration Lawyers can provide expert guidance on gathering the necessary cohabitation evidence and preparing for the updated English language requirements. Their experienced team can help ensure that all aspects of the extension application are thoroughly addressed, increasing the chances of a successful outcome.
Contact our Spouse Visa Lawyers
BPA Immigration Lawyers specialises in helping families and partners reunite in the UK through their expert Spouse & Partner Visa services. With a proven track record of success, the firm offers a clear path to living and settling with loved ones in the United Kingdom.
The team at BPA Immigration Lawyers takes pride in their impressive 99% approval rate for all client visa applications. This high success rate demonstrates their expertise and dedication to helping couples navigate the complex UK immigration system.
As authorised immigration advisors at the highest level, BPA Immigration Lawyers provides first-class professional services throughout the UK. Their knowledgeable and experienced team of immigration lawyers is equipped to handle all areas of immigration law, including:
- Entry clearance visas
- Spousal visas
- Student visas
- Administrative reviews
- Appeals
For those seeking to join their British partner in the UK, BPA Immigration Lawyers offers comprehensive guidance on spouse and partner visas. These visas typically allow individuals to live in the UK for up to 2.5 years, with the option to extend for an additional 2.5 years if visa requirements are still met . After 5 years, applicants may be eligible to apply for Indefinite Leave to Remain if they continue to meet the necessary criteria.
The firm’s expertise extends to various types of partnerships, including:
- Married couples
- Civil partners
- Unmarried partners (those who have been living together for at least 2 years)
BPA Immigration Lawyers understands the challenges couples face when proving the validity of their partnership to immigration authorities. Their highly experienced lawyers can clarify any unclear aspects of the visa application process and advise on eligibility requirements and how to effectively demonstrate relationship status .
For those planning to marry in the UK, BPA Immigration Lawyers also assists with fiancé(e) or proposed civil partner visa applications. These applications must be made from outside the UK and approved before travelling to the country for marriage or civil partnership registration .
The firm’s services extend to various aspects of the immigration process, including:
- Judicial reviews for refused applications with no right to appeal
- Entry clearance applications
- Premium same-day appointments
- Appeals
- Marriage visitor visa applications
Consult with Experts
BPA Immigration Lawyers No Visa, No Fee* Give us a call now on 0204 586 5016 or drop us a message on our contact page below.
BPA Immigration Lawyers offers a unique “No Visa, No Fee” guarantee, demonstrating their confidence in their ability to secure successful outcomes for their clients . This policy underscores their commitment to client satisfaction and their expertise in handling complex immigration cases.
By choosing BPA Immigration Lawyers, clients can benefit from a supportive, knowledgeable, and experienced team dedicated to helping them navigate the UK immigration process successfully. The firm’s professional approach, combined with their high success rate and comprehensive understanding of immigration law, makes them an excellent choice for those seeking to reunite with their loved ones in the United Kingdom.
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Give us a call now on 0333 344 7471 or drop us a message on our contact page below.
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