Who may apply for a Spouse or Civil partner visa?
This visa is aimed at anyone who is the husband, wife or civil partner of a British Citizen or a settled person (holding indefinite leave to remain or permanent residence) and wishes to join or stay their partner in the UK.
What are the requirements for a Spousal or Civil partner visa?
- Your partner must be a British Citizen or hold Indefinite Leave to Remain/ Permanent Residence;
- You and your partner need to be 18 or over;
- You must not be in the UK illegally;
- You are legally married or in a civil partnership and have met in person beforehand;
- Your relationship is genuine and you wish to live in the UK together permanently;
- If there were any earlier relationships, this must have been permanently broken down;
- Adequate knowledge of the English language;
- There is suitable accommodation for yourself and any dependents (children);
- Good criminal record and immigration history
Your partner (or both you and your partner if you are already in the UK with leave to remain) must be able to meet the financial requirements as you need to be adequately maintained without recourse to public funds, this consists of:
- Gross annual income of £18,600; plus
- £3,800 for a first child; plus
- £2,400 for each additional child
What counts as income?
- Income from employment before tax and National Insurance (P60 and payslips);
- Income from self-employment or as director of a limited company in the UK – Self Assessment tax return;
- Cash savings above £16,000;
- Pension money;
- Non-employment income – from property rentals or dividends.
Please note, you may be able to settle in 5 years without meeting the minimum income requirement if your partner is in receipt of specific benefits.
Entry clearance as a spouse or civil partner
If your initial application is successful, you will be granted entry clearance as a spouse or civil partner and your visa will be valid for 33 months initially.
Indefinite Leave to Remain in the UK as a spouse or civil partner
Indefinite Leave to Remain (ILR) If you make an application for leave to remain in the UK as a spouse or civil partner and it is successful, you will be granted valid leave for 30 months. You can apply to settle in the UK after 5 years.
Settlement in the UK as a UK Spouse or Civil Partner
You can apply for indefinite leave to remain (ILR) in the UK after spending 5 years in the UK as the spouse or civil partner of a British Citizen or settled person.
In addition to the above general requirements, you will also need to show:
- From the date you entered the UK under this visa category, you have lived with your partner in the UK;
- Must meet the English Language requirement and have passed the Life in the UK test