If you're an overseas national applying for entry clearance as a spouse to join your partner in the UK, then you must fulfil a number of criteria.

The requirements of entry clearance as a spouse are set out in the Immigration Rules. If you fail to meet these criteria you may be refused entry clearance into the UK.

Financial Requirements

One of the most complicated parts of applying for a UK spouse visa is the financial requirement. Unfortunately, it is also the biggest reason for refusals.

There are two main ways that a partner can demonstrate they meet the UK Spouse Visa financial requirements: either they can show that they have enough income to support themselves and their dependents in the UK or they can show that they have enough savings. The income threshold for a partner applying on entry clearance or for an extension application is PS18,600 a year. The minimum salary threshold increases if children are involved (PS3,800 a year for the first child, and PS2,400 for each additional child).

The income threshold can be met through many sources including salaries, self-employment earnings and other forms of income that the partner receives. They can rely on all of these sources, or they can combine them to make up the required income.

However, it is important to remember that the Home Office policy guidance relating to this is very convoluted and can be difficult to understand. As such, it is advisable to seek advice from our specialist barristers, who regularly assist with UK Spouse Visa applications.

A couple can demonstrate they have sufficient savings to support themselves and their family in the UK by submitting documents showing that they have savings of PS62,500 or more, which they have held for at least six months before applying. Funds previously held in investments, stocks, shares, bonds or trust funds can count provided they are liquidated before the application is made and are clearly demonstrated with documentary evidence.

This can be done through a variety of methods, but it is generally only acceptable to use this method if the amount of cash savings is sufficient to cover the cost of living for the applicant and their dependants in the UK.

Our Immigration barristers can help you to demonstrate your cash savings and can advise on the appropriate level of savings you should be able to hold before you apply for a spouse visa.

The income and savings thresholds for a spouse or partner can be met through a number of different sources, such as gross annual salary, earnings from self-employment, pensions, dividends, property rental income and savings. In addition, they can be met through a combination of these or by demonstrating that the person applying for a spouse visa has access to public funds and that they will not need those funds in order to live in the UK.

English Language Requirements

If you are applying for entry clearance as a spouse or partner, you must prove that your English language skills are at a level suitable for life in the UK. This requirement is set out in the Immigration Rules and varies depending on which stage of your application you are at.

For an initial visa application, you will need to provide evidence of having taken a test that is specifically approved by the Home Office for this category. This is often known as a 'Secure English Language Test' (SELT) and the test you choose should be at a minimum level of A2 or higher. The test must be taken at a Home Office-approved test centre so that the result can be included in your application.

You may also need to prove that your degree was taught in English if you are from a country which is not on the list of majority speaking English countries. This will usually be easier to do if you have a degree which was awarded in the UK and has been passed with an Ecctis certificate that shows the level of the course meets the English language requirements.

There are several exemptions which can allow applicants to meet this requirement without having to sit a test. These include:

#1 The physical or mental disability exemption.

The Home Office may not expect you to take a test if you have a long-term physical or mental condition, which means that it would be unreasonable for you to try and learn English. In most cases, you will have to provide a medical professional’s letter confirming this, but the caseworker may also decide that you are exempt on a case-by-case basis.

#2 The degree exemption

If you have a degree which is not in the UK and has been awarded by a university outside of the UK, you will normally be exempt from the English language requirement if your degree was taught in English or was awarded in one of the majority English-speaking countries that the Home Office recognises. The test you need to pass will depend on the type of degree and the level of it, but in most cases you should be able to find an approved English language test that is appropriate for your qualifications and visa status.

Living Together Requirements

If you are applying for entry clearance as a spouse you will need to prove that you have been living together in a relationship for at least two years before submitting your application. This could have taken place in the UK or overseas, but you need to provide evidence that the relationship has been a genuine and subsisting one. The Home Office will expect to see significant evidence of regular contact, signs of affection and companionship, emotional support and an abiding interest in each other’s welfare and wellbeing.

The living together requirement can be difficult to meet. However, it is possible to demonstrate that you have been living together for a long time by providing a range of documents. Ideally, these should be in the name of you and your partner jointly or addressed to you both at the same address. Other documents which may be submitted include a joint bank account, joint tenancy agreement or mortgage.

In addition to this, you will need to provide proof that you have been living together for at least two years since the date of your application and that you intend to continue to live together permanently in the UK. This is a crucial element of the application process and is particularly important in extension and indefinite leave applications as the Home Office will need to be satisfied that you still intend to live in the UK as your partner.

You will also need to provide evidence of a minimum financial threshold of PS18,600 per year or sufficient savings to cover your expenses and those of any dependent children that you are sponsoring in the UK. The minimum income level is higher if you are sponsoring any dependant children that are under 18 at the time of your application.

If your application is refused, you have the right to appeal against this decision and you will receive a decision letter from the Home Office explaining the grounds on which you can do so. Appeals should be made within 28 days of receiving the decision, and if you are outside the UK it is best to lodge your appeal as soon as possible.

Marriage Requirements

Marriage is a union of two individuals that makes them legally and biologically one person. It is a sacred and sacramental act which, in the Bible, is described as God’s blessing for couples to procreate (Gen 1:28). Married couples can also be a source of spiritual growth and witness in their communities as they share their lives with one another, and help to influence others with their faith.

The Home Office will be looking for convincing proof that you are in an actual and ongoing relationship, and that your relationship is not fraudulent or a sham. They may do additional checks, interview you and your spouse, or even schedule a home visit to ensure that your relationship is genuine and sustainable.

During your interview, they will ask you questions about the nature of your relationship and how you met and got together. They want to know about your hobbies, interests and the way you spend time together. They also want to learn more about your finances and how much money you make together.

You’ll need to bring a lot of paperwork to your interview. This will include your wedding photos, bank statements, birth certificates of children you’ve had, and more. It’s a good idea to consult with your immigration attorney ahead of your interview about what documents you need to bring.

Your immigration lawyer will also help you to gather any additional evidence that supports your marriage. This can include evidence of shared bank accounts, apartment leases, household bills, and health or life insurance designations.

Once you’ve gathered all this information, you’ll need to submit it to the Home Office for entry clearance as a spouse. Once you’ve done this, they will issue you with a visa which lasts for two and a half years.

Visit Website: https://www.united-solicitors.co.uk/family-visas

If your visa is due to expire before the two and a half year period is up, you must apply to extend it before then. If you do not, you will be in breach of your visa conditions and you might face issues in the future.

As with any application, the Home Office will take the time to examine your case and its merits. It will do this by checking that your relationship is genuine and that you are financially stable. If it finds any issues with your situation, it will deny your visa and you’ll need to start from scratch with the consulate process in your home country.