Application Process And Relationship Requirements For UK Spouse Visa 2024
Moving to the UK with a partner can be exciting, but it can also be a bit complicated. If you want to apply for a spouse visa, there are specific rules about your relationship that you need to follow. This article will help you understand what you need to do to successfully apply for a UK spouse visa.
What Is A UK Spouse Visa?
A UK spouse visa allows someone who is not a citizen of the UK to live with their partner in the UK. To get this visa, you must meet certain requirements, especially those related to your relationship. We will focus mainly on those important relationship rules.
Key Points About the UK Spouse Visa
- Types of Partners: To apply for a spouse visa, your partner must be either a British (England, Scotland or Wales) or Irish citizen or someone who has settled status in the UK. Settled status means they can live in the UK without any immigration problems.
- Meeting in Person
You and your partner must have met in person before applying. This means you cannot just know each other online or through letters; you need to have seen each other face-to-face. - Age Requirement
Both partners must be at least 18 years old when you submit your application. This rule ensures that both of you are adults who can make responsible decisions about your relationship. - Intention to Live Together
You need to show that you plan to live together permanently in the UK. This requirement is important and will be looked at closely.
Fully Understanding The Intention To Live Together Requirement
This part can sometimes be confusing. Here’s what you need to know:
- No Need for Extra Documentation
Usually, you don’t have to provide extra documents just to prove that you want to live together. The fact that you are applying for a spouse visa already shows this intention. - Possible Issues
If something in your application makes the Home Office question your intentions, it could cause problems. For example, if one partner says they want to live abroad for a while, it might raise concerns about whether you really want to live together in the UK. - Planning for the Future
Keep in mind that this intention applies throughout your stay, including when applying for Indefinite Leave to Remain (ILR). If either partner thinks they might spend time outside the UK before applying for ILR, careful planning is necessary.
The Application Process For Spouse Visa
Knowing how to go through the application process can make things easier. Here’s how it usually works:
- Initial Partner Visa Application: This is your first step to living in the UK with your partner.
- First Partner Visa Extension: After getting your initial visa, you will need to apply for an extension using the FLR (M) application form. This extension allows you to stay for another 30 months.
- Indefinite Leave to Remain (ILR) Application: Once you’ve completed these steps and met all requirements, you can apply for ILR.
Important Note on Time Outside the UK
If either of you spends a lot of time outside of the UK after getting the first partner visa, it might raise questions about whether you really intend to live together. Unfortunately, there aren’t clear rules about how long you can be away without causing issues.
Acceptable Reasons for Being Abroad
There are good reasons for being outside of the UK that can help explain your situation:
- Studying: Going on a study trip.
- Working: Taking a job overseas temporarily.
These reasons can help show that your commitment to living together is still strong.
Previous Relationships
Another important requirement is that any previous relationships must be completely over. This includes any past marriages or civil partnerships that need to be officially ended before applying.
Documents Required to Prove Breakdown
For past marriages, you’ll need to provide a decree absolute or its equivalent from another country. Other documents might include:
- Death certificates
- Annulments
- Final orders of civil partnership dissolution
Prohibited Degree Of Relationship
When applying for a spouse visa, it’s essential that you and your partner are not closely related. You cannot be immediate family members because this rule helps prevent marriages between relatives.
Genuine And Subsisting Relationship Requirement
A key part of your application is proving that your relationship is real and ongoing. The Home Office wants evidence that shows your relationship is genuine.
Greater than 50% Chance Standard
You don’t have to prove that your relationship is 100% real; instead, you need to show there’s more than a 50% chance that it is genuine.
Factors Considered by Home Office
The Home Office looks at different parts of your application and supporting documents when deciding if your relationship meets this requirement.
Common Supporting Documents
Many applicants provide various documents as proof of their relationship’s authenticity. Some examples include:
- Letters explaining how your relationship developed.
- Evidence showing that you’ve lived together.
- Proof of visits made between each other’s home countries.
However, some documents may not be considered important by the Home Office, such as:
- Flight tickets
- Money transfer receipts
- Social media posts
Factors That Matter Most
The Home Office will look at several key aspects when evaluating your relationship:
- Whether you’ve lived together
- Visits made to each other’s families
- Shared financial responsibilities
- Any children together
Cultural Considerations
The Home Office understands that cultural practices can differ greatly from one place to another. For example, in some cultures, people might meet their partners only on their wedding day. This isn’t an issue; they will take these cultural differences into account during evaluations.
Common Concerns And Misunderstandings
Many applicants worry about proving their relationship is genuine. It’s important to know that not having lived together before applying is common and usually not a problem.
Previous Immigration History
The genuine relationship requirement could become an issue if either partner has had problems with immigration in the past. If you’ve only met a few times and lack cultural context supporting your relationship, this could also raise concerns during assessment.
Application Fees For UK Spouse Visa
As of 2024, the application fee and processing time for a UK spouse visa are as follows:
- From outside the UK: £1,538
- From inside the UK (if switching or extending): £1,048
In addition to the application fee, applicants will also need to pay the Immigration Health Surcharge (IHS), which grants access to the UK’s National Health Service (NHS). The IHS costs £624 per year, so for a 2.5-year visa, this would be approximately £1,560.
Processing Time For UK Spouse Visa
- Outside the UK: It usually takes 12 weeks (3 months) after attending the visa application appointment.
- Inside the UK (switching or extending): It typically takes 8 weeks for a decision, though some people may receive it sooner.
For faster processing, priority services are available for an additional fee:
- Priority Service (5 working days): £500 extra.
- Super Priority Service (next working day): £800 extra.
Keep in mind that processing times may vary depending on the complexity of the application or during peak periods.
More information can be found on the UK Government spouse visa page.
The relationship requirements are just one part of what you need when applying for a UK spouse visa. While these rules may seem overwhelming at first, understanding them well and preparing properly can make everything much easier.
Related Article: To explore other visa options, you might be interested in our comprehensive guide on UK Immigration: Self-Sponsorship and Other UK Visas in 2024.
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