Building a Life Together: A Comprehensive Guide to the UK Spouse Visa and Extens

Author: 05cd3d8ee6

05 June 2024

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The UK spouse visa, officially known as the "family of a settled person" visa, provides a route for non-UK residents to join their spouse or partner who is a British citizen or has settled status in the UK. This article offers a detailed overview of the initial spouse visa application and the subsequent steps for extending it, ensuring a seamless transition towards permanent residency.

What is the UK Spouse Visa?
The UK spouse visa allows non-EEA (European Economic Area) nationals to live with their spouse or partner in the UK. Applicants must meet several key requirements:

Relationship: Applicants must be legally married to, or in a civil partnership with, a British citizen or someone with settled status in the UK. Unmarried partners must have lived together in a relationship akin to marriage for at least two years.
Financial Requirements: The sponsoring partner must meet a minimum income threshold, currently set at £18,600 per year. This threshold increases with dependent children: £22,400 for one child, plus £2,400 for each additional child.
English Language Proficiency: Applicants must demonstrate their English language proficiency by passing an approved test at level A1 or higher or by holding a degree taught in English.
Accommodation: There must be adequate accommodation for the applicant and their dependents, without relying on public funds.
Applying for the UK Spouse Visa
Online Application: Start by completing an online application form on the UK government website. Create an account, fill out the form, and pay the visa fee.
Document Submission: Applicants must submit several documents, including:
Valid passport
Proof of relationship (marriage certificate, civil partnership certificate, or evidence of cohabitation for unmarried partners)
Proof of meeting the financial requirement (bank statements, payslips, etc.)
English language test certificate or degree certificate
Evidence of adequate accommodation (rental agreement, property ownership documents)
Biometric Appointment: Attend a biometric appointment to provide fingerprints and a photograph.
Decision: After submitting the application and attending the biometric appointment, wait for a decision. Processing times vary, but decisions are typically made within 12 weeks.
Extending the Spouse Visa
The initial spouse visa is granted for 33 months if applied for outside the UK, or 30 months if applied for within the UK. As the initial visa approaches its expiry, applicants must apply for an extension to continue living in the UK.

Requirements for Extension
To extend the spouse visa, applicants must meet similar requirements as the initial application:

Relationship: The couple must continue to live together in a genuine and subsisting relationship.
Financial Requirements: The sponsoring partner must still meet the minimum income threshold.
English Language Proficiency: Applicants must demonstrate English proficiency at level A2 or higher.
Accommodation: There must still be adequate accommodation for the applicant and their dependents.
Extension Application Process
Online Application: Complete the extension application online. Fill out the form, pay the visa fee, and the Immigration Health Surcharge (IHS).
Document Submission: Submit updated documents, similar to those required for the initial application.
Biometric Appointment: Attend another biometric appointment for the extension.
Decision: The processing time for the extension is usually within 8 weeks.
Pathway to Indefinite Leave to Remain (ILR)
After living in the UK for five years on a spouse visa, applicants can apply for Indefinite Leave to Remain (ILR). ILR allows individuals to live in the UK without any time restrictions and is a step towards British citizenship.

Requirements for ILR
Continuous Residence: Applicants must have lived in the UK continuously for five years on a spouse visa.
Life in the UK Test: Pass the Life in the UK Test, which assesses knowledge of British customs, history, and culture.
English Language Proficiency: Demonstrate English proficiency at level B1 or higher.
Conclusion
Navigating the UK spouse visa and extension process can be intricate, but understanding the requirements and steps involved can make the journey smoother. From the initial application to the path towards Indefinite Leave to Remain, careful preparation and timely submission of necessary documents are essential. By meeting the criteria and following the process, couples can look forward to building their lives together in the UK, ensuring a secure and prosperous future.
https://ukimmigrationsolicitors.co.uk/spouse-visa-uk/spouse-extension/
https://ukimmigrationsolicitors.co.uk/spouse-visa-uk/civil-partnership-visa/
https://ukimmigrationsolicitors.co.uk/spouse-visa-uk/


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