Spouse and civil partner visas
If you are a British citizen, a settled person (someone with indefinite leave to remain) or a refugee you can apply to bring your spouse or civil partner to the UK to live with you (refugees who married their partner / entered their civil partnership before they left their home country should apply for refugee family reunion). If the application is approved your partner will be given 30 months leave to enter / remain in the UK which can be renewed for another 30 months. After a total of 60 months your partner will be able to apply for indefinite leave to remain. Applicants who are in the UK but who do not meet all the requirements below may succeed under the 10-year route to settlement – for more information about this please see our human rights law section.
What are the requirements for a spouse / civil partner visa?
To qualify for a visa under the 5-year route to settlement you must meet all the requirements outlined in Appendix FM of the immigration rules. If you are applying from within the UK, you must not be in breach of immigration control and you must not be in the UK as a visitor or as someone with valid leave granted for 6 months or less (other than fiancés / proposed civil partners).
All applicants must meet the suitability requirements. The suitability requirements relate to:
- Criminality in the UK and elsewhere, including being subject to a deportation order;
- Previous immigration offences including using deception;
- Failing to attend an interview, provide information, undergo a medical examination;
- Failure to pay NHS charges of £500 or more;
- Failure to pay litigation costs awarded to the Home Office
If you think you may fall into any of the above categories, we highly recommend to consult an immigration specialist before proceeding with your visa application to avoid refusal and financial loss. There might be exceptional compelling circumstances surrounding your application which outweigh the public interest in maintaining refusal on suitability grounds. We can help you to identify these circumstances and properly address them in your application.
If you meet the suitability requirements you must meet the following relationship, financial and English language requirements:
- Your relationship must be genuine and subsisting;
- You and your partner must both be over 18;
- You and your partner must have met each other;
- You and your partner must not be closely related;
- You or your partner cannot be married to another person;
- You must intend to live together permanently;
- The UK sponsor must have a gross income of at least £18,600 per year plus an additional £3,800 for the first child applying and an additional £2,400 for all other children applying (if the children are British citizens they are not included in the calculation). You can rely on cash savings to meet the financial requirement or a combination of income and savings. You might be exempted from the financial requirement if your sponsor is on certain benefits.
- The applicant must pass an English Language test at level A1 of the CEFR for Languages unless they are from a majority English speaking country or they have completed a Bachelor’s degree, a Master’s degree or a PhD in English.
How can we help you?
HS Immigration Consultants have many years of experience helping people bring their loved ones to the UK and we can help you though the entire process. We understand the stress that these applications can cause and the potential problems if the application is unsuccessful. It is because of this that we take real care an attention with every application because we know that no two cases are the same.
We will provide you with a fixed fee quotation which will include all our consultations with you and the taking of detailed instructions. We tell you ever document that you must submit with the application and we will assess your documents to check that they meet the specified requirements. We will prepare legal arguments as well as statements from you and your family members all of which will form part of the completed application pack.
If you would like to contact us about your case and to discuss how we can help you, please call us on 0121 698 2187 or alternatively email us at email@example.com.
You can also use our free immigration advice service (this is suitable for general enquiries about immigration requirements).