The process to getting a marriage visa can be a complex one. Visa processing usually takes around 3-5 months. If you are a permanent resident, you must wait for a visa to become available for your spouse, based on their priority date. This can vary depending on the spouse’s home country, but the typical time is around 24 months. This can also vary too in terms of what other conditions there may also be.

The main requirements

To qualify for a UK spouse / marriage visa you must satisfy the following requirements:

• You and your spouse must be 18 years old or over.
• It is key that you must have met each other and be legally married – this is to prevent arranged marriages. You must intend to live together permanently.
• You must have enough money to support yourselves (and any dependents) without claiming public funds.
• Your sponsoring partner must earn more than £18,600 per year or have enough savings to be able to sponsor you. The minimum financial requirement is higher if they are also sponsoring dependant children.
• You must have suitable accommodation for you, your spouse and any dependants.
• You must satisfy the English language requirements.

Where and how you can make this visa application in terms of process

You can apply for a spouse visa from overseas or from within the UK. If you are already in the UK on a fiance visa, work visa, or student visa valid for more than six months, you may be able to switch into a spouse visa.

How long will this application take and how long is it valid for?

The average processing time for a spouse visa application is 2 – 12 weeks from the date we submit the application to the UKBA. Processing times vary depending on the country where the application is made. If applying from overseas, a spouse visa is initially issued for 33 months. If you are applying from within the UK a spouse visa is issued for a period of 30 months.

Is an extension possible?

You can apply for an extension for an additional 30 months which can take your total time in the UK on this visa up to five years. At this point you can apply for Indefinite Leave to Remain (ILR) provided you are still married and living in the UK with your spouse and continue to meet the maintenance requirements. After you have been granted ILR you may be eligible to apply for naturalisation as British citizen.

Getting the right legal advice

UK immigration law is extremely complex and constantly changes. The UKVI has strict criteria relating to different types of visa. Therefore, it is essential you get the right legal advice from an expert UK immigration lawyer to make sure your application is successful, first time. We will guide you through every step of the process, putting you in the best place possible to get a good result.

Some of the financial requirements

This means that sponsors will not need to show they earn £18,600 (or more). It is important to note, however, that in the event of a partner qualifying for exemption in line with the above. The applicant will still need to show that they have enough funds to maintain themselves in the UK. All of this is as well as having adequate accommodation (while having no recourse to public funds). For further assistance, please speak to one of our immigration Solicitors who will be able to advise you.

If none of the exemptions above apply, applicants may be able to ask that exceptional circumstances be considered by the Home Office. This may be possible, for example, if they can show that, in line with human rights law, their child or children would be at harm if the application is refused. If you are able to rely on exceptional circumstances, you will still need to prove you have sufficient funds, but the source of these will be widened to include other credible sources, such as a guarantee of financial support from another person.

It is most important that both parties live together

The applicant must provide proof that his / her spouse or partner permanently resides in the UK. They should have either British citizenship or permanent residence. The alternative is he / she is an EEA citizen who has Settled Status under the EU Settlement Scheme. Evidence to support this intention could be a letter or statement. This can be from both parties formally declaring that they are married /in a civil partnership. It could otherwise show they intend to live together. This can be at a given address which is owned / occupied by the sponsor in the UK.

In detail – the English Language Requirements at present

If you are not a national of a majority English-speaking country or do not have a degree taught in English, you must pass an acceptable English language test. This should be with an approved test provider. In the test, you will need to demonstrate a basic command of English. It will be speaking and listening to at least level A1 of the Common European Framework of Reference.

The new rules under the EU Settlement Scheme

Spouses in a registered marriage who have registered their marriage before 31 December 2020, can apply for an entry permit as a family member (EU Settlement Scheme Family Permit). They can then apply inside the UK for Pre-Settled status. This will be linked to the status of an EEA partner. In any case, the spouses must be in a close relationship and be married. They should also have strong documentary evidence of the sincerity of the relationship.

Overall

Applicants whose visa applications are refused will be granted full rights of appeal, provided that at the time of the decision they will not be granted any other permission to stay in the UK. However, in these appeals, applicants are not allowed to use new evidence to challenge the decision of the Home Office, which were not initially provided as part of the submitted and refused visa application. The applicant will have 10 working days from the date of delivery of the decision to lodge an appeal against this decision. It is strongly recommended to seek professional help when appealing against any decision.