What are the Spouse Visa UK Requirements in 2021? [STEP-BY-STEP]

FREE UK Partner Visa Video Series

CLICK HERE to watch our free video series.

In this free video series, we discuss:

  • The financial requirement
  • The online application form
  • Document translations
  • The adequate accommodation requirement
  • The English language requirement
  • Dependent children requirement
  • The unmarried partner visa requirement
  • Other partner visa requirements

 

The following are the spouse visa UK requirements in 2021:

uk spouse visa full legal representation

Let us now explore these requirements in more detail.

requirement 1You must submit a ‘valid application’

This is an important spouse visa UK requirement because if your application is not valid, the Home Office will treat your application as if you did not submit a spouse visa UK application at all.

In order to submit a valid application, you must do the following:

  • Complete the required sections of the 2021 spouse visa UK application form
  • Pay the spouse visa UK fees in 2021
  • Pay the Immigration Health Surcharge (IHS)
  • Submit an approved proof of identity (a passport is usually submitted to satisfy this)
  • Provide biometric information when asked (these are fingerprints, photo and signature that are taken at the visa centre appointment)
  • Provide a letter of consent from parent(s) or legal guardian(s) (in certain situations where a child is applying)

In the majority of cases, not submitting a valid application will result in your application being treated as if it was not submitted in the first place.

In other cases (although it shouldn’t, in accordance with the law), this will lead to an application being refused.

A note to those applying for a spouse visa from inside the UK

For those who are applying to extend their stay in the UK, knowing the valid application requirements is particularly important as not submitting a valid application can result in the applicant overstaying their visa.

Section 3C extensions are relevant for those applying to extend their current UK visa.

“What are Section 3C extensions?”

Section 3C extensions of the Immigration Act 1971 are only relevant to those who are applying from inside the UK.

A common worry for in-country applicants is that their visa will expire if the Home Office take too long to decide an application.

However, the effect of a Section 3C extension is that as long as you:

… you are legally entitled to remain in the UK under the conditions of your existing visa while your application to remain is being decided, or until your application is withdrawn.

Therefore, if:

  • You are applying from inside the UK;
  • You apply before the expiration of the current visa;
  • Do not submit a valid application…

…any time you spend in the UK after the expiry of your visa awaiting a decision will be regarded as time spent in the UK illegally.

This can result in you getting deported, or even banned from the UK.

As such, it is extremely important to understand the steps above and ensure that the application you submit is valid.  

We will now discuss the second spouse visa UK requirement in 2021 – the suitability requirement.

requirement 2You must meet the suitability requirements

This requirement assesses whether there is anything in your character, your conduct, your immigration or criminal records that makes it unsuitable for you to be granted a UK spouse visa.

The requirements vary slightly depending on whether:

  • Your application is being submitted outside the UK (an ‘out-of-country application’); or
  • Your application is being submitted inside the UK(an ‘in-country application’.

Let us look at each in turn.


Out-of-Country applications

Situations in which your application will be refused

S-EC.1.1 of Appendix FM of the Immigration Rules specifies that your application will be refused if your application is against the public interest – for these reasons:

#1 The Secretary of State has personally stated that you are to be excluded;


#2 You have been issued a deportation order that is still in place;


#3 You have:

(a) been sentenced to a period of imprisonment of at least 4 years after being convicted of a criminal offence; or

(b) sentenced to a period of imprisonment of at least 12 months (but less than 4 years) due to a criminal offence, unless 10 years have passed since the end date of the sentence; or

(c) sentenced to a period of imprisonment of less than 12 months due to a criminal offence, unless a period of 5 years has passed since the end date of the sentence.


#4 Your overall conduct or character makes it appear that you should not be granted a spouse visa.


#5 You were asked but did not comply (without reasonable excuse) with a request to provide:

  • Information;
  • A medical report (or a medical examination); or
  • Biometric information.

#6 Medical reasons make it such that it is undesirable to grant you a UK spouse visa.


#7 You left or were removed from the UK as a condition of a caution issued in accordance with section 22 of the Criminal Justice Act 2003 in the 5 year prior to the spouse visa’s date of decision.

Situations in which your application may be refused

S-EC.2.1 of Appendix FM of the Immigration Rules states that your application may be refused if any of the following apply:

#1 False documentation, representation or information have been submitted as part of your spouse visa application (whether you knew that this was the case or not);


#2 You have failed to provide important information during the spouse visa UK process;


#3 You were asked or were required to provide a maintenance and accommodation undertaken but failed to do so;


#4 You were convicted of an offence in the 12-month period prior to the date of decision due to a non-custodial sentence or other out-of-court disposal that has been recorded on your criminal record, resulting in a grant of the spouse visa being conducive to the public good;


#5 Your past actions have caused serious harm or have shown you to be a ‘persistent offender who shows a particular disregard of the law’;


#6 Litigation costs have been awarded to the Home Office and you have failed to pay them;


#7 The Home Office have been told that you owe the National Health Service (NHS) more than £500.


In-Country applications

Situations in which your application will be refused

S-LTR.1.1 of Appendix FM of the Immigration Rules specifies that your application to remain in the UK will be refused if it is not in the public interest for these reasons:

#1 You have been issued a deportation order which is still in force;


#2 You have been convicted of an offence for which you have been:

i) sentenced to imprisonment for at least 4 years; or

ii) sentenced to imprisonment for less than 4 years but at least 12 months;


#3 Your offending has caused serious harm or you are deemed to be a ‘persistent offender who shows a particular disregard for the law’;


#4 It is undesirable to grant you a visa because of your previous conduct;


#5 You were asked to attend an interview but failed to do so;


#6 You were asked to provide information (including medical related information & physical data) but failed to do so;


#7 You were asked to undergo a medical examination but failed to do so.

Situations in which your application may be refused

If any of the following apply, it is possible that your application will be refused:

#1 You provided incorrect supporting documentation, information or made incorrect representations as part of your FLR(M) visa application (regardless of whether you knew this or not).


#2 You did not mention relevant and important information in your FLR(M) visa application.


#3 You were asked to submit a maintenance and accommodation undertaking but did not do so.


#4 There are practical or legal reasons which result in you not being able to be removed from the UK.


#5 You have previously made false representations or failed to disclose material facts for the purpose of obtaining a document that indicates that you have a right to reside in the United Kingdom.


#6 Legal costs have been awarded to the Home Office for which you have not yet paid.


#7 The Home Office have been told of National Health Service (NHS) charges of more than £500 that you have not yet paid.

In summary, suitability requirements are those that measure your application against the public interest so if it is deemed that your current or past behaviour, or associations, pose a threat or danger to the public, your application will not be granted.

We will now discuss the next spouse visa UK requirement in 2021 – the relationship requirement.

requirement 3You must meet the relationship requirement

#1 First of all, in order to apply for a UK spouse visa, both you and your partner must be aged 18 years or over.


#2 Second of all, the applicant must fall within a definition of a “partner” in Appendix FM of the Immigration Rules, which covers these relationships:

  • Married partners;
  • Civil partners;
  • Fiancé(e) or proposed civil partners; or
  • Unmarried partners (Partners who have been living together in a relationship akin to a marriage or civil partnership for at least two years prior to the date of application).

The reason for this is that there are four sub-categories of applications that can be made under Appendix FM of the Immigration Rules depending on your relationship to the person you are seeking to join, or remain with, in the UK.

These sub-categories are:

(i) Married partner visa applications

Our step-by-step application guide for out-of-country applications can be found here.

Our step-by-step application guide for in-country applications can be found here.

(ii) Civil partner visa applications

The requirements for applying as a civil partner are almost identical to applying as a married partner.

The only substantial difference is that you must submit a valid civil partnership certificate as opposed to a valid marriage certificate.

Our step-by-step application guide for out-of-country applications can be found here.

Our step-by-step application guide for in-country applications can be found here.

(iii) Fiancé(e)/proposed civil partner visa applications

Our step-by-step 2021 fiance visa UK application form guide can be found in our 2021 fiance visa UK article.

(iv) Unmarried partner visa applications

Our step-by-step application guide for unmarried partner visa applications can be found in our 2021 unmarried partner visa UK article.


#3 Regardless of the category applicable to your circumstances, you must demonstrate that:

  • Your relationship falls into one of the definitions above; and
  • Your relationship is genuine and subsisting.

#4 The sponsor (also known as the ‘UK partner’) must be one of the following:

  • A British Citizen, or
  • Present and settled in the UK, or
  • Someone who has been granted Pre-Settled Status under the EU Settlement Scheme, or
  • Holds the immigration status of having either refugee status or humanitarian protection in the UK.

“What does ‘settled’ mean?”

Settled here basically means someone who has either:

  • Permanent residency under EU law; or
  • Indefinite leave to Remain under UK immigration law.

‘Settled’ persons have no immigration restrictions on their stay in the UK and can stay here as they choose.

“What about the ‘present’ requirement? My partner lives outside of the UK with me, do I still meet this requirement?”

This is generally not a problem.

Where the UK partner lives outside of the UK and is returning to the UK with the applicant if the application is successful, they will generally be treated as being ‘present’ in the UK.


#5 Both the applicant and UK partner must intend to live together permanently in the UK.

If you and your spouse (partner) have lived apart for any periods of time, you should discuss this in your application as it may suggest that you and your partner do not intend to live together permanently in the UK.


#6 The applicant and UK partner’s relationship must not fall within the prohibited degree of relationships.

A list of prohibited relationships can be found here at #5.


#7 Depending on your relationship to the person you are seeking to join, or remain with in the UK, you must also prove that:

  • your marriage or civil partnership is valid (if you are applying as a married or civil partner); or
  • you are engaged, free to marry and are seeking entry to the UK to enable your marriage to take place within six months of entry in the UK (if you are applying as a fiancé(e)); or
  • you have lived together akin to a marriage or civil partnership for at least two years prior to submitting the application (if you are applying as an unmarried partner).

#8 Any previous relationships of both the applicant and UK partner have broken down permanently

What are the additional requirements relating to applicants in the UK on a UK fiancé(e) visa?

#1 If you were granted a visa as a fiancé(e)/proposed civil partner and your marriage or civil partnership ceremony did not take place during the validity of your original visa, you must provide:

  • a solid explanation explaining the reasons why the marriage or civil partnership ceremony did not take place; and
  • a solid explanation as to why your ceremony will take place within the next 6 months.

#2 You cannot apply to remain in the UK (using a FLR(M) visa) with a fiancé(e)/proposed civil partner unless you were originally granted a visa in that category to the same UK partner.

Requirement 4You must satisfy the financial requirement

The spouse (partner) visa financial requirements for applications that are made from inside the UK and from outside the UK are very similar and can be found in Appendix FM of the Immigration Rules.

PLEASE note

The spouse visa UK financial requirement in 2021 is something that many partners underestimate as:

  • You need to know exactly how you meet the financial requirement;
  • You need to know exactly the rules regarding including and combining certain income; and
  • You need to know exactly the specific rules regarding financial documentation.

For a more detailed account of the financial requirement, please read our financial requirement article here.

We also discuss commonly made financial requirement mistakes in our 3-part free video series.

It should first be noted that only applicants who are in the UK on a UK visa that allows them to legally work may include their employment and self-employment income towards the financial requirement.

The following are the spouse (partner) visa financial requirements that must be met for both in-Country and out-of country spouse (partner) visa applications:

#1 You must provide supporting evidence in the requested format that shows your application meets or exceeds the minimum gross annual income.

This income can only derive from permitted sources, including:

  • employment in a specified or non-specified company;
  • self employment in a specified or non-specified company;
  • cash funds;
  • pensions; and
  • other income such as dividends or rental income.

#2 For most couples, the level of income required is £18,600, but this can change depending on three factors:

i) Dependant children

If you are submitting an application for you and your dependent children (that is children under 18 years of age) then you must show £18,600 for yourself and an additional £3,800 for the first child and £2,400 for each additional child.

ii) Cash savings

If you are relying solely on cash savings to meet the financial requirement, then the level of funds you must demonstrate will be at least £62,500 (depending on whether dependant children are also applying).

Cash funds of at least £16,000 but less than £62,000 can be combined with most sources of income to show you meet the financial requirement.

In this case, the level of cash funds that you hold will lower the minimum income threshold that applies to your application.

Detailed information about including cash savings towards the financial requirement can be found in our article “Cash Savings Guidance for 16000 – 62500+ Spouse & UK Partner visas in 2021“.

As the above link will discuss, equity in a property is not cash savings, nor is equity in stocks, investments & bonds.

The adequate maintenance requirement

If your UK partner (sponsor) is in receipt of a permitted benefit in the UK, then you are exempt from meeting the minimum income threshold of £18,600.

Instead you must show that you meet the adequate maintenance requirement.

A brief account of the adequate maintenance requirement will be provided below but a more detailed account of this can be found in our articleAdequate Maintenance Guidance for UK visas [2021 requirements]

The permitted benefits are:

  • Carer’s allowance;
  • Personal independence payment;
  • Disability living allowance;
  • Attendance allowance;
  • Industrial injury disablement benefit;
  • Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme;
  • Severe disablement allowance;
  • Police Injury Pension; and
  • Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme.

The level of maintenance income required is calculated using the following formula :

A minus B is greater than or equal to C.

where…

  • A is the net income (after deduction of income tax and National Insurance contributions);
  • B is housing costs (what needs to be spent on accommodation; and
  • C is the amount of Income Support an equivalent family unit can receive in the UK.

The reason for this is that the Immigration Rules require sufficient income to be available for the entire family unit to be maintained without recourse to public funds.

This income must equal or exceed the level of Income Support a family unit of equivalent size can receive in the UK, which is C of the above equation.

This doesn’t seem straightforward at first, I know – but we provide a step-by-step approach that you can take to calculate the adequate maintenance test here.


“What if I do not meet the financial requirement when I submit the spouse visa UK application?”

In-Country applications

If the application is being made from inside the UK, the financial requirement will not need to be met if a paragraph EX.1. exception applies.

“What is the paragraph EX.1. exception?”

The paragraph EX.1. exception applies where you have a genuine and subsisting relationship with a child (aged 18 or under, or aged 18 or under on the date of application) or with your spouse (partner), in one of the two specific situations  below.

The two situations can be quite tough to meet and there is a lot of law regarding who can qualify under the paragraph EX.1. Exception.

Because of this, we will only briefly touch on it here.

Situation 1 – Where it is unreasonable to expect a child to leave the UK

In the case of a child who is living in the UK, it would be unreasonable to expect the child to leave the UK.

The relevant child must:

  • Be a British Citizen; or
  • Is living and has been living in the UK continuously for at least the past 7 years.

Situation 2 – Insurmountable circumstances

‘Insurmountable circumstances’ here will mean you cannot continue your family life with your spouse (partner) outside of the UK.

It is important to note that this standard is quite high and difficult to meet.


If either of the two exceptions applies, you will be eligible to apply for Indefinite Leave to Remain (ILR) in the UK after a period of 10 years rather the standard 5 year qualifying period. .


Out-of-Country applications

The paragraph EX.1. exception explained above does not apply to applications submitted outside of the UK.

We will now discuss the accommodation spouse visa UK requirement in 2021.

Spouse visa DIY Application Pack

requirement 5You must meet the accommodation requirement

The spouse (partner) visa accommodation requirement for both Out-of-Country and In-country applications can be found at E-ECP.3.4. and E-LTRP.3.4. of Appendix FM.

As we discuss in part 3 of our 3-part video series, accommodation cannot be prospective.

Therefore, the Immigration Rules will require you to provide evidence to show that there will be adequate accommodation for all persons living in the same household – even if not included in the application – without recourse to public funds.

Adequate accommodation constitutes accommodation which is not overcrowded and complies with public health regulations.

In-Country applications

For In-Country applications, however, the accommodation requirement need not be met if paragraph EX.1. of Appendix FM applies (which will result in having to meet a 10 year qualifying period before applying for Indefinite Leave to Remain rather than the standard 5 year qualifying period).

We discussed the paragraph EX.1. exception earlier in this article here.


Out-of-Country applications

For Out-of-Country spouse (partner) visa applications, the accommodation requirement must be met or the visa application will most likely be refused.

The paragraph EX.1. exception (discussed in this article here) does not apply to out-of-country applications.

Requirement 6You must meet the English language requirement

Out-of-Country applications

The English language requirement can be found under the heading “Section E-ECP: Eligibility for entry clearance as a partner – English language requirement” in Appendix FM of the Immigration Rules.

You can demonstrate that you meet the required level of English in one of these ways:

#1 By being a national of a majority English-speaking country.

The following are majority English-speaking countries:

  • Antigua and Barbuda;
  • Australia;
  • the Bahamas;
  • Barbados;
  • Belize;
  • Canada;
  • Dominica;
  • Grenada;
  • Guyana;
  • Jamaica;
  • Malta;
  • New Zealand;
  • St Kitts and Nevis;
  • St Lucia;
  • St Vincent and the Grenadines;
  • Trinidad and Tobago; or
  • The United States of America.

#2 By passing an English language test in speaking and listening at a minimum of level A1 of the Common European Framework of Reference for Languages with a Home Office approved provider.

We discuss English language test mistakes that partners make in video 1 of our 3 part video series.


#3 By holding either:

  • an English taught Bachelors, Masters degree or PhD awarded by an educational establishment in the UK; or
  • An English taught qualification taught outside the UK that is deemed by UK NARIC to meet or exceed the recognised standard of a Bachelors, Masters degree or PhD in the UK.

#4 By being exempt.

The following are generally exempt from the English language requirement:

(i) Applicants aged 65 or over;

(ii) Applicants who have a disability (physical or mental condition) which prevents them from meeting the English language requirement; or

(iii) Applicants who have exceptional circumstances which prevent them from being able to meet the requirement prior to entry to the UK.


In-Country applications

For applications that are made inside the UK, the relevant rules can be found under “Section E-LTRP: Eligibility for limited leave to remain as a partner – English language requirement” in Appendix FM of the Immigration Rules.

There are two main differences to the requirements for those who are making the application from outside the UK.

#1 Spouse (partner) visa applicants will be required to pass level A2 of the English test if they are extending their previously issued partner visa and are applying for a FLR(M) visa on the basis of their relationship.


#2 The English language requirement for In-Country applications does not need to be met if the paragraph EX.1. exception applies.

The paragraph EX.1. exception does not apply to applications that are made from outside the UK.

We will now discuss the next spouse visa UK requirement in 2021 – the Immigration status requirement.

requirement 7You must meet the Immigration Status requirement (if you are applying from INSIDE the UK)

Most applicants already in the UK would probably prefer extend their stay and submit an application for further leave to remain – also known as the FLR(M) application –  from inside the UK.

Applying from inside the UK has certain benefits:

  • The FLR(M) and spouse visa extension fees and costs in 2021 are cheaper;
  • There is generally no Tuberculosis Certificate requirement;
  • Applicants will generally be able to contribute their employment and self-employment earnings towards the financial requirement; and
  • For applicants who are already inside the UK, it is much more convenient for them to make the application from inside the UK rather than having to their home country to make the application.

However, not every applicant is entitled to submit an FLR (M) application from inside the UK.

The reasons for this can be found under “Section E-LTRP: Eligibility for limited leave to remain as a partner – Immigration status requirements” in Appendix FM of the Immigration Rules.

In a nutshell, you cannot apply to extend your stay in the UK using the FLR(M) application if:

  • you are in the UK as a visitor, or
  • you were granted a visa in any other category for 6 months or less (with the exception of fiancé(e)/proposed civil partner visas); or
  • you are on immigration bail (unless you arrived in the UK more than 6 months before the date of your spouse visa application); or
  • you are in breach of any of the Immigration Rules (unless there are exceptional circumstances or the period of overstaying is permitted – remember Section 3C which we discuss here)

So, this essentially means that it is mainly only those individuals who are in the UK on a long-term visa that can submit an FLR (M) application from inside the UK.

        “I am in the UK as a non-visa national. Can I apply from inside the UK?”

Those who are in the UK due to their non-visa national status must return to their home country and apply as a married partner, unmarried partner or fiancé(e).

Inconvenient, I know!


“If I am applying from inside the UK, when shall I submit the application?”

Knowing when to submit your FLR(M) visa application is something very important to know to avoid a possible application refusal and costly Home Office fees.

For those who are submitting a spouse visa application from inside the UK, we discuss when a spouse visa application should be submitted in more detail here.

Below is a brief overview of the situation.

First and foremost, we need to again clarify that the ‘date of application’ is the date that you submit your completed application form and pay for the FLR(M) fees in 2021 on the FLR(M) application form.

So the date of application for your FLR(M) application must be before the expiration of your current UK visa.

If you are currently in the UK on a spouse (partner) visa and wish to submit an FLR (M) application for further leave to remain, the date of application should not be more than 28 days before your current spouse (partner) visa expires.

The reason for this is to avoid submitting another (unnecessary) FLR (M) application in the future in order to reach the 5-year qualifying period.


“What is the 5 year qualifying period?”

This is the amount of time you must live in the UK before you can submit an application for Indefinite Leave to Remain under the spouse (partner) route, which is the next stage of the process.


If you are currently in the UK on a fiancé(e) visa or on another type of visa (i.e. Tier 2 (General) or a General student visa (Tier 4) and wish to submit an FLR (M) application for further leave to remain, the date of application can be at any time before the expiration of your current visa.


“And what about the 5 year qualifying period here?”

Non-partner visas do not count towards the 5-year qualifying period that is required to obtain Indefinite Leave to Remain (ILR) under the spouse (partner) route.

“Does my appointment at the visa centre have to be before my visa expires?”

No.

Unless stated otherwise in the official Home Office correspondence, there is no time limit in which you must make your appointment, although we recommend not leaving it too long.

With this being said, it is of course important to remember that the date of application is before your current visa expiry date.

“What if my visa expires whilst I am waiting for the Home Office to make their decision?”

Again, this is fine because of Section 3C.

As long as you submit a valid FLR (M) application and the date of application falls before the expiration of your current visa, you will be legally allowed to stay in the UK under the same conditions as your most recently issued visa until the date your FLR (M) application is decided or withdrawn.

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requirement 8You must also meet the Tuberculosis (TB) requirement

In-Country applications

Partner visa applicants who are making an in-country application will not need to take a Tuberculosis (TB) test.


Out-of-Country applications

If you are making the spouse (partner) visa application from outside the UK, it is possible that you will have to take a TB test, if you are habitually resident in one of the listed countries.

The test for TB generally takes the form of a chest X ray.

If the result is not clear, you may also be asked to give a sputum sample (phlegm coughed up from your lungs).

If your test shows that you are free from Tuberculosis, you will be provided with a certificate that you must submit in your spouse visa application.

For the purposes of the spouse visa application, the certificate that will be issued to you will be valid for 6 months.

It’s worth also pointing out that the following individuals will not need to be tested and will therefore not have to provide a Tuberculosis certificate:

  • Diplomats accredited to the UK;
  • Those who are classed as a a returning UK resident and have not been away from the UK for more than 2 years; and
  • Those who have lived for at least 6 months in a country where TB screening is not required by the UK and they have been away from that country for no more than 6 months.

  “and what about children?”

All children must see a doctor who will decide if they need a chest X-ray.

Children under 11 years of age will not normally be tested, however.

You must take your child to an approved clinic and complete a health questionnaire.

If the results show that your child does not have TB, you will be issued with a TB certificate which must be included with the visa application.

“and what about pregnant women?”

Pregnant women can choose:

  • an X-ray with an extra shield to protect her and her unborn child in the 2nd and 3rd trimesters; or
  • a sputum test – there may be an extra fee and you could wait up to 8 weeks for results; or
  • to wait to take the TB test after delivery of the baby.

frequently asked questions FAQsSpouse visa UK requirement FAQs

#1 Which spouse visa requirement is the biggest cause of refusals?

The biggest cause for refusal is the financial requirement.

This is not because the required level of income is not earned, but rather because applicants do not comply with very specific rules regarding the supporting documents you must provide to evidence particular sources of income. We discuss some of these rules in our free video series.

Our £285 DIY Application pack addresses this by providing not only a detailed account of the documents that you will need to submit, but also the accompanying rules as they apply to certain documentation.


#2 Is the spouse visa relationship requirement hard to satisfy?

The spouse visa UK financial requirement causes much more difficulties for partners than the relationship requirement.

With this being said, one sometimes challenging requirement is the evidencing that you are a UK unmarried partner visa.

With this category of application, you are required to provide comprehensive evidence to demonstrate you have lived together in a relationship akin to marriage for at least two years. Due to the lack of Home Office guidance regarding the two years cohabitation requirement, we discuss this requirement in part 1 of our free video series.

For married partners, the relationship requirement is easier to demonstrate as the focus is primarily on evidencing that the relationship is genuine and subsisting.


#3 When do the requirements for the spouse visa have to be met?

The general rule is that the spouse visa requirements must be met at the “by date of application”.

Remember the date of application is the date that the spouse visa UK online application form is completed and the Home Office fees are paid.


#4 If I am not sure that all of the spouse visa requirements are met, shall I submit the application anyway?

If you are not sure you meet all of the requirements, then it is far more prudent to wait until you are sure you meet all of the requirements outlined in Appendix FM of the Immigration Rules.

Failure to meet one or more of the requirements can have serious consequences including:

  • Losing the Home Office fees paid; AND
  • Negatively impacting your immigration record; AND
  • Possibility of causing subsequent visa applications to be delayed and be more strictly scrutinised.

#5 Does the online application website tell me the spouse visa UK requirements?

The visa application form will highlight some of the key requirements, but not all of them.

If you wish to know what the requirements are, you can find them in Appendix FM of the Immigration Rules (a long and somewhat agonizing process but in light of the significance of the visa for both you and your partner – this is absolutely recommended).

When do the spouse visa requirements have to be met?

The spouse visa requirements have to be met on the ‘date of application’. The date of application is the date that you pay the Home Office fees on the online application.

Is there a requirement to continually satisfy the requirements for the duration of the visa?

No. There is no requirement to continually satisfy all of the requirements for the duration of the visa. What matters is that the requirements are met when you pay the fees on the online application.

What is the most difficult spouse visa requirement?

The most difficult spouse visa requirement is undoubtedly the financial requirement. This is because the Home Office adopt an overly strict stance with regards to financial documentation in particular.

What happens if I do not meet all of the requirements?

Unfortunately, if you do not meet all of the requirements, it is likely that your application will be refused.

 

Summary

Unfortunately, far too many partners do not invest the time required to submit their own spouse visa application.

In light of the significance of the visa for both you and your partner, it is absolutely recommended to not take the spouse visa requirements for granted.

This is because the requirements are strict and very specific in some areas.

We are a fully regulated OISC immigration law firm and we provide a range of services.

For full legal representation, we charge £1,850. This involves an advisor processing your case from start to finish.

On the other hand, we offer a unique DIY Application Pack service where we will provide you with a tailored set of:

  • Document checklist(s) (which also contain the relevant document specific Immigration Rules); and
  • Letter templates.

As part of this service, we also offer general email support.

Since the feedback from our customers has been so overwhelmingly positive, we are so confident that our application pack will help you successfully process your own spouse visa that we offer a 100% money back guarantee.

 

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