What are the requirements for a UK Spouse or Civil Partnership Visa?
To successfully apply for a UK Spouse Visa, you need to:
- be over 18 years
- be in a civil partnership or a marriage with a UK settled person which is recognised in the UK
- prove you can meet the financial requirements
- meet the English language requirements
- have suitable accommodation
If you are in a relationship but are not married or civil partners, you can apply to come to the UK as the partner of a UK citizen or settled person if you have been living together in a durable relationship for two years.
What is the financial requirement for a UK Spouse or Family Visa?
The financial requirements which need to be met to enter the UK on a spouse or family visa are high. The sponsoring spouse/partner needs to show they earn a minimum of £18,600 and that they have been earning this sum for at least six months. If the sponsoring British citizen and their foreign partner or spouse have a dependent child, the threshold rises to £22,400. A further £2,400 is added for any additional child.
From 10th August 2017, UK Visas and Immigration (UKVI) will accept evidence of third party support to meet the financial threshold in some exceptional circumstances:
- Where there is credible evidence of financial support for the couple from a third party such as a family member,
- If the caseworker is satisfied that this financial assistance will remain unchanged, and
- The relationship between the sponsor and the third party will remain unchanged.
UKVI must also have regard to the welfare of any children subject to the application.
Can I bring my elderly relative to live with me in the UK?
As the world’s population ages, and young people become more mobile, the issue of caring for elderly relatives left-behind in a person’s home country is becoming more of a pressing issue.
The UK provides an Adult Dependent Relative Visa, which allows those settled in the UK to bring over a dependent relative who is a national of a country outside the EEA.
To successfully apply, you must prove:
- Your relative needs long-term care to do every day personal and household tasks because of illness, disability, or age
- the care they need is not available or affordable in the country where they live
- you can support, accommodate, and care for your relative without claiming public funds for at least five years
The Adult Dependent Relative Visa can be exceptionally hard to obtain. However, many of our applications have been successful.
How can I prove my knowledge of English?
Children and those coming to the UK on an Adult Dependent Relative Visa do not have to prove their knowledge of English. If you do come from a country where you need to prove your understanding of the English language, you can do so by:
- having a degree or academic qualification that was taught or researched in English
- proving your qualification is recognised by UK NARICas being equivalent to a UK bachelor’s degree
If you cannot prove your knowledge of English through your education, you will need to take an approved English language test. Our team can assist you with finding a certified provider of the test in the UK or your home country.
What can I do if my application is refused?
If your application for a Spouse or Family Visa is refused, it can be devastating. We are committed to helping families and couples who have been separated by immigration laws in the UK, and our in-depth knowledge of the appeals process and judicial review means we have a strong track-record of having previously rejected applications approved.
A Spouse or Family Visa application which has been rejected by UKVI will normally only be eligible for appeal if there is a human rights claim. One advantage of instructing our dynamic team is we will ensure any rights under the European Convention of Human Rights are made clear, so your application has grounds for appeal if refused.
If your Spouse or Family Visa has been refused, it is imperative you come and talk to us, so we can advise you on the best action to take. Our team are professional, smart and friendly, and will quickly establish the swiftest way to deal with your refusal. Our ultimate goal is to ensure you and your family are able to move together to the UK, so you can begin your new lives and move forward to a prosperous future.