Family & Partner Visas
What does this Visa provide?
This visa provides an opportunity for Non-British Partners to live and work in the UK if you are married to a British Citizen or someone with indefinite leave to remain. You can apply for the spouse visa (also known as a partner visa) if you are the husband, wife, civil partner, unmarried partner (must be living together for at least 2 years), fiancé, fiancée or proposed partner (come to the UK to get married).
Applicants applying must meet a set of eligibility criteria’s in order to qualify for the spouse/partner visa. If an application for a spouse visa is granted, the applicant will receive an initial period of 33 months (2 years and 9 months). If the applicant makes an application as a fiancé, fiancée or proposed civil partner, they will receive 6 months. It is possible to extend the visa, to allow the applicant to further their stay in the UK and to allow them to apply for indefinite leave to remain without being subject to immigration rules. After gaining indefinite leave to remain, an applicant may be eligible to apply for British Citizenship by marriage.
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Who can apply for a UK spouse visa?
As a Non-British Partner, you can apply for the partner and spouse visa as long as your partner is
based in the UK:
- Is a British or Irish Citizen.
- Has settled in the UK, has Indefinite Leave to Remain or Settled Status.
- Has Refugee Status.
- Has a Turkish Business visa or Turkish worker visa.
In order to qualify, you must intend to live in the UK together with your partner and you must provide evidence of your genuine and subsisting relationship.
What are the UK spouse visa requirements?
In order to make a successful application, you will need to meet a set of strict eligibility requirements
and you will be required to provide the following:
- You are in a genuine and subsiding relationship.
- Meet the financial requirements.
- Show you can support yourself financially.
- You have suitable residence in the UK.
- Knowledge of English language.
Spouse Visa Extension
After you have been granted an initial period of 2 years and 9 months, you will be able to further extend your spouse/partner visa for a further 2 years and 6 months (30 months). You still need to show that you are in a genuine and subsisting relationship and meet the same requirements. You must make this application before the current visa expires.
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Indefinite Leave to Remain after Spouse Visa
Once you have lived in the UK for a period of 5 years as the spouse/partner, you will be eligible to apply for indefinite leave to remain (ILR). Once you have been grated indefinite leave to remain, you will be able to live in the UK on a permanent basis and you will no longer require visas and you no longer will be subject to immigration control.
In order to be eligible for indefinite leave to remain, you must meet the following criteria’s:
- You have lived for a continuous period of 5 years under the spouse/ partner route.
- You have lived together with your spouse/partner.
- Be in a genuine and subsisting relationship with your spouse/partner.
- Intend to continue your relationship after the grant of indefinite leave to remain.
- Satisfy the English language requirement.
- Satisfy the Life in the UK test requirement.
- Provide suitable accommodation.
- Meet the financial requirements.
Cost of your spouse visa (2022):
| Type of Application | Cost – Inside the UK | Cost – Outside the UK |
|---|---|---|
| Main application fee | £1033 | £1523 |
| Dependant fee | £1033 | £1523 |
| Biometrics fee | £19.20 | – |
| Healthcare surcharge (over 18) | £624 for each year | £624 for each year |
| Healthcare surcharge (under 18) | £470 for each year | £470 for each year |
| Priority service | £800 | £800 |
How to make an application for a UK Spouse/Partner visa
The application process is completed and submitted online through the Home Office website.
The following needs to be completed:
- Check that you are eligible to make a spouse visa.
- Prepare the online application.
- Prepare the documentation.
- Pay for all the immigration application fees.
- Upload all the supporting documents through the online portal.
- Book your biometrics appointment for your fingerprints and photos.
- Attend your biometrics appointment.
- Attend an interview (if invited only).
If Your Spouse Visa is Refused
There are some grounds on which a spouse/partner application may be refused, which includes the following:
- If you have not provided sufficient evidence of maintenance and accommodation.
- If the immigration health care surcharge has not been paid or other financials.
- Medical reasons.
- If interviewed, the applicant fails to show up for an interview or provide specific information when requested to do so.
- Good character/criminal records.
- Applicant is subject to deportation.
- Other information.
If you have had a spouse/partner visa application refused, you can speak to one of our Immigration Consultants, who will be able to advise you on the best steps to ensure that you receive a successful outcome on your matter.
Fiancé / fiancee Visa:
The fiancé visa is enables a foreign national over the age of 18 to come to the UK to get married or enter into a civil partnership with a British citizen or a person who is settled in the UK (with settled status or indefinite leave to remain) and then switch to a spouse visa.
Applicants must meet a set of eligibility requirements in order to fulfil the requirements. If granted a Fiance Visa, you will be given a 6 months visa from the date of entry into the UK, to allow you to get married or enter into a civil partnership. Once you are married or in a civil partnership, you will be able to apply for a spouse visa which will allow you to stay for an initial period of 33 months.
The spouse visa can then be extended for a further 30 months and after completing 60 months in the UK, you will be able to acquire Indefinite Leave to Remain (ILR) allowing you to permanently settle in the UK without being subject to any immigration rules and regulations.
In order to satisfy the above requirements, the following need to be met:
- Genuine relationship requirements.
- Financial requirements.
- English language requirements.
- Accommodation requirements.
Unmarried Partner visa
The UK unmarried partner visa allows an unmarried person with a partner who is a British citizen or settled in the UK to reside in the country for up to 33 months. In order to qualify for the unmarried partner route, you must show that you have been in a genuine relationship with a UK based partner for at least 2 years. You will also need to meet the full set of eligibility requirements for the unmarried partner visa.
In order to satisfy the above requirements, the following need to be met:
- Genuine relationship requirements.
- Financial requirements.
- English language requirements.
- Accommodation requirements.
Once you have completed 5 years in the UK as the unmarried partner, you may be eligible to apply for indefinite leave to remain (if all requirements are met).
Child dependency visa
A child dependency visa is where a child from abroad can join a parent who is living in the UK. In most cases, both parents must be in the UK with the child, however, if this is not the case and there is just one parent in the UK, then the parent in the UK must show that they have sole parental responsibility for the child.
In order to satisfy the child dependency visa, one of the below needs to be met:
- One of the parents is settled or applying for settlement.
- One of the parents has a partner visa or is applying for one.
- At least one parent has limited leave to remain.
In order to satisfy the requirements, the applicant must show and meet the following:
- Financial requirements.
- Dependent requirements.
- Proof of relationship.
- Suitable accommodation in the UK.
No Visa, No Fee*
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We are highly experienced immigration lawyers able to deal with all area of immigration law from entry clearance visa, spousal visa, student visa, Admin Review or Appeals etc, BPA Immigration have the experience and experts to deal with your case successfully.
*Subject to terms & conditions
Parent of a child visa
If you have a child that is British, you may be entitled to apply for a visa to allow you to stay in the UK on the basis of your relationship with a British child.
If your child is not a British citizen, but they have lived in the UK for 7 years and it would be unreasonable for them to leave the UK, then you may be able to apply under this basis as well.
In order to satisfy the above requirement, your child must:
- Be British or Irish citizen.
- Have indefinite leave to remain (or settled status).
- Have been residing in the UK for 7 years and it would be unjust for them to leave the UK.
- Your child must be under 18 years old.
- Your child cannot live an independent life.
In order to satisfy the above requirements, the applicant must:
- Meet the parental responsibility requirements.
- Meet the financial requirements.
- Meet the English language test.
Indefinite leave to remain
Indefinite leave to remain also known as ILR allows migrants in the UK to settle and live in the UK permanently.
In order to be eligible for indefinite leave to remain, you must meet the eligibility requirements as set out below:
- You have been living continuously in the UK under the qualifying period.
- You are a good character.
- Have passed the life in the UK test.
- Have passed the English language test (if required).
- Have not spent more than 180 days outside the UK.
In most cases, you need to show that you have been living in the UK for a period of 5 years in order to qualify for indefinite leave to remain.
Not all visa routes lead to settlement and there are only a handful of visa routes that will allow a migrant to permanent settle in the UK.
You can apply for ILR on the basis of how many years you have spent in the UK. A migrant can settle in 2, 3, 5 and 10 years.
In certain circumstances, a migrant can apply for ILR sooner and these circumstances are:
- If the migrants British spouse dies.
- If they were a victim of domestic violence.
A migrant with ILR, can also lose their status if they spend over a certain period outside the UK.
Victims of Domestic Abuse
This visa category allows a migrant who is or was married to a British national, but who faced domestic abuse during their marriage/relationship to apply for indefinite leave to remain as long as they can prove that their marriage has broken down as a result of domestic abuse.
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