UK Spouse Visas / Spousal Visas
If you are married to a British citizen or have a long term partner with a British passport or right of abode, you may be eligible for a UK visa.
In order to qualify, your partner must have “settled status” in the UK, which discounts those on Tier 1 (highly skilled) and Tier 2 (work permit) visas. If your partner meets these criteria, the procedure for gaining your UK-visa will vary depending on if, or how long, you have been married or have held a civil partnership.
Spouse visas for unmarried couples
If you are the fiancé (e) or intended civil partner, the UK Border Agency will grant you permission to enter or remain in the UK for a 6-month period for the purposes of marriage or registering your civil partnership.
After this period you can then apply to switch to the category of husband, wife or civil partner to qualify for an initial 2-year further leave to remain (FLR) in the UK. Shortly before the 2-year period is up, you will be eligible to apply for an indefinite leave to remain (ILR) or permanent residency.
Spouse visas for married / civil Partnerships under 4-years
If you have been married or have held a civil partnership for less than 4-years, the UK Border Agency will issue you a marriage visa for an initial period of two years. Providing you are still married and living together in a permanent UK residence after this period, you will be able to apply for an indefinite leave to remain (IDR), also known as permission to live permanently).
Spouse Visas for married / Civil Partnerships over 4-years
If you have been married or have held a civil partnership for more than 4-years, you will automatically qualify for indefinite leave to remain in the UK, without the need to prove prior permanent residence in the UK for 2-years.
Restrictions on Spouse visas
In each of the above cases, permission to enter or remain in the United Kingdom will only be granted if you or your husband, wife or partner will be aged over 21 on the date when you arrive in the United Kingdom or the date when your permission to enter or remain would be given.
You will also not be able to transfer to a spouse visa if you already possess a visa which is valid for six months or less in the UK.
Other requirements for spousal visas
Further requirements include proof of sufficient funds to cover living expenses for you, your partner and any dependents, without recourse to job seeking or low income benefits, as well as proof that you intend to live with your spouse permanently in suitable and available accommodation…
Proving your partnership if not married
If you are not married, proving your partnership can be a bit more complicated. To apply for further leave to remain you will need to prove your relationship is similar to marriage by using any scrap of evidence to link you and your partner over an extended period of time: bank statements, utility bills, rent receipts, lease agreements even Christmas cards. All these documents must be originals and cover a two year period.
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