Applying for a UK Spouse Visa is an important step for those wanting to live in the UK with their partner, who may be a British citizen or a person settled in the UK. This visa application process, is detailed and complex, requiring careful attention to various legal requirements. Small mistakes can lead to delays or even refusal of the visa. In this guide, we’ll cover the key areas where applicants often encounter challenges and avoid common mistakes when applying for a UK Spouse Visa.
1. Establishing the Genuineness of the Relationship
One of the most scrutinized aspects of the Spouse Visa application is demonstrating the genuineness of the relationship. Applicants must prove their partnership is genuine, ongoing, and intended to be long-term. The requirements include that both individuals are at least 18 years old and that any previous marriages or civil partnerships have been legally ended.
In cases involving unmarried partners, evidence of a stable, marriage-like relationship for at least two years is required. Applicants may support their claim with various official documents, including joint bank statements and evidence of cohabiting.
Fiancé(e)s or proposed civil partners must provide additional evidence of their intention to marry within six months of arrival in the UK.
2. Evidencing the Termination of Previous Relationships
If the applicant or their UK-based partner has been married before, they must provide proof that these previous relationships have ended. Applicants must submit legal documentation such as divorce papers or, in cases involving a deceased partner, a death certificate. Documents from overseas may require additional verification to ensure they meet UKVI standards. This step is essential to demonstrate that the relationship is legitimate and that both parties are free to enter into a new marriage or civil partnership.
3. Financial Requirements
The financial aspect of the Spouse Visa application, under Appendix FM of the Immigration Rules, has undergone significant changes, with new thresholds introduced as of 11 April 2024. The applicable threshold depends on various factors, including the application date and the applicant’s history within the visa route.
New applicants or those changing partners must meet a £29,000 threshold. Existing applicants renewing their permission with the same partner benefit from transitional arrangements, with a lower threshold of £18,600, capped at £29,000.
The financial requirements can be met in various specified ways, including Income from Employment; Non-Employment Income e.g. rental income from property; Cash Savings; Pension and Self-Employment Income or Income as a Director of a limited company. Applicants may rely on a single source or a combination of permitted sources to meet the threshold. Failure to provide adequate financial evidence is a common Spouse Visa application mistake that often results in delays or rejections.
4. Accommodation Requirements
Applicants must demonstrate that they have adequate accommodation in the UK. This proof is essential to show that the family will have safe and sufficient living arrangements without overcrowding. Applicants must have a legal right to reside in their accommodation, evidenced through property title deeds or a tenancy agreement.
Fiancé(e)s and proposed civil partners must provide both temporary accommodation plans and evidence of future permanent housing arrangements once they marry. Lack of documentation or inadequate accommodation details can lead to complications in the application process.
5. English Language Proficiency
Demonstrating English language proficiency is a mandatory requirement for most Spouse Visa applicants. This can be satisfied through:
- Passing an approved Secure English Language Test at the required CEFR level.
- Being a national of a majority English-speaking country.
- Possessing a qualifying academic qualification taught in English.
Exemptions are available for applicants aged 65 or over, those with certain disabilities, or in exceptional circumstances.
6. Responding to Home Office Inquiries
After applying, UKVI may reach out with requests for additional information or clarification, especially if documentation is missing or incomplete. It’s essential for applicants to regularly check both their email and the UKVI portal for such requests. Prompt responses to any inquiries help maintain the application’s processing; conversely, a delayed or incomplete response may slow processing or result in a refusal.
7. Accurate Completion of the Application Form and Documentation
The success of a Spouse Visa application relies on the accurate and thorough completion of the application form, as well as the submission of all required supporting documents. Every section must be completed correctly, with any necessary details on financial status, relationship, and identity. Missing or incomplete documentation is a common reason for visa rejections. Documents not originally in English must include certified translations to meet UK Visas and Immigration (UKVI) standards. Ensuring all information is current and properly formatted is crucial for a complete submission.
How we can help
At Whytecroft Ford, we understand that the UK Spouse Visa application can be complex. Our experienced legal team provides thorough guidance and support to ensure your application is completed accurately, helping you avoid common Spouse Visa mistakes and delays.
To discuss your Spouse Visa application with our team, call us on +44 208 757 5751 or use our contact form.
