Spouse visa applications, or UK Marriage visa applications allow foreign nationals that are already married to a British citizen, or person who has settlement status in the UK to enter or remain in the UK. If you are not already married, but you wish to travel to the UK for the purpose of marriage, then you will need a fiancé/fiancée visa instead.
If the applicant is outside the UK then they must apply for Entry Clearance in order to be allowed to travel to the UK as a spouse. Anyone who arrives in the UK for the purpose of settling with their spouse without a Spouse visa will be refused entry. If the applicant is in the UK, then an application for Further Leave to Remain as a spouse will need to be made.
Once the Spouse visa has been issued, the holder is entitled to work without restriction. In addition, they are also permitted to leave and re-enter the UK as they wish for a two-year period. The 2-year period is a probationary period and at the end of this period, the Home Office will need to see proof that the couple have been living together as husband and wife throughout this time.
Spouse visa rules
If you are seeking entry to the UK as a spouse you need to ensure that:
- You are seeking to enter the UK because of your relationship to a person who is either already present or is travelling with you to the UK, and has settled status in the UK,
- you are lawfully married,
- the marriage is subsisting
- you and your spouse are over the age of 18 on the date that you plan to arrive in the UK,
- you and your spouse are intending to live together permanently as husband and wife,
- both parties to the marriage have met, and
- you must have adequate funds to be able to support you and your spouse as well as any dependants without claiming public funds.
If a person has more than one husband or wife, only one of them will be allowed to join them in the UK as their husband or wife under the UK marriage visa.
Spouse of an EEA national
EEA nationals are permitted under EU law to live and work in the UK. This is referred to as the right of free movement. Any of their dependants who are not EEA nationals are entitled to enter the UK as well. For family members who are not EEA nationals, it is necessary to obtain an EEA family permit before coming to the UK if the intention is to live permanently with someone who is an EEA national.
If the couple get married in the UK, it is permissible for the application to be lodged in the UK.
Spouse of an Ancestry visa, a Work Permit, HSMP, or a Tier1 (General) visa holder
Entry clearance as a dependant is required for a foreign national married to a person who holds an Ancestry visa, a Work Permit, HSMP, or a Tier 1 (General) visa.
Spouse of a Student visa holder
Entry clearance as a dependant is also required for a foreign national married to a person who holds a Student visa. If successful, the applicant will be entitled to stay in the UK for the same period as their student partner. During the period in which they are living in the UK the applicant must be able to support themselves independently or with help from the student visa holder.
Indefinite Leave to Remain after the 2-year probationary period
A marriage visa/spouse visa allows the applicant to come to the UK for an initial probationary period of 2 years. After this period, they can apply for settlement, or Indefinite Leave to Remain. This will only be possible if you can prove that you fulfil the criteria for spouse status at the end of the 2-year period.
If you have been together for 4 years or more outside the UK before you apply, then you will be entitled to ILR straight away, without the 2-year probationary period.
Do I need a lawyer?
The Home Office will always expect a substantial amount of documentary evidence, or explanation, to ensure that only qualifying applicants are granted a Spouse visa. Furthermore, applications that are rejected due to a lack of evidence demonstarting that you fulfill all the Immigration Rules need to be resubmitted, along with a second payment of the government fee.
Avoid additional costs and delay. Ensure your application is well prepared the first time around. Our lawyers have successfully prepared countless applications in this category. If you require our assistance, contact us now.
