Spouse Visa

A spouse visa (also known as a Family of a Settled Person visa), enables a national from outside the EEA & Switzerland who is married or in a civil partnership with a British national or someone who is settled in the UK, to enter or remain in the UK with their partner.

In order to qualify for this route, you and your partner must both be over 18 and in a genuine relationship.  You must be able to prove that you are either:

• married
• in a civil partnership
• been living together in a relationship for 2 years

You and your partner must intend to continue your relationship after you apply.  Furthermore, all previous relationships must have broken down permanently.

The route you choose affects how soon you can apply to settle permanently in the UK – there’s a 2-year route, a 5-year route and a 10-year route.

The eligibility for each criteria include:

Partner visa (2-year route):

You can only extend your ‘family of a settled person visa’ in this route if you:

• applied as a partner before 9 July 2012
• are not eligible to settle
• have kept to the terms of your visa
• you must meet the eligibility requirements for the partner routes and you must also prove that:
• you and your partner have enough money to adequately support and accommodate yourselves and any dependants without relying on public funds
• you have good knowledge of English if you’re 18 or over (CEFR level A1) *not if you’re applying in a 10-year route

Partner (5-year route):

You must meet the eligibility requirements for the partner routes if:

• you’re 18 or over
• you must prove that you have a good knowledge of English. (CEFR level A1)*not if you’re applying in a 10-year route
• you must also meet the financial requirement of:
  • £18,600 per year if you’re applying only for yourself
  • £22,400 per year for you and one child
  • £2,400 per year for each additional child

Family life as a partner (10-year route)

• You must meet the eligibility requirements for the partner routes and you must also be in one of these situations:
  • there are serious reasons you and your partner can’t live together as a couple in another country (high threshold) *
  • you have a child in the UK who is a British citizen or has lived in the UK for 7 years and it wouldn’t be in their best interests to leave the UK with you

*Note: this route (in some cases) is for those who do not meet the requirements for a 5-year route

Link to the Home Office website

Guidance for the 2 and 5 year route: https://www.gov.uk/government/publications/application-to-extend-stay-in-the-uk-as-a-partner-form-flrm

Guidance for the 5 and 10-year routes: https://www.gov.uk/government/publications/chapter-8-appendix-fm-family-members

Guidance for other routes: https://www.gov.uk/government/publications/application-to-extend-stay-in-the-uk-form-flrfp

Whilst the Home Office published processing time up to 6 months, we find that a well-presented case enables the Home Office to make a decision much quicker. Please contact us if you would like to discuss how we can help with this application.