The UK Entry Clearance Spouse Visa allows the foreign spouse or partner of a UK citizen or settled person to live in the United Kingdom. This visa enables the applicant to join their partner in the UK for an extended period, provided they meet eligibility requirements such as relationship proof, financial stability, and English proficiency. This guide covers everything you need to know about the Entry Clearance Spouse Visa, including eligibility criteria, application steps, and necessary documentation.
1. What Is the Entry Clearance Spouse Visa?
The Entry Clearance Spouse Visa is a UK visa for foreign spouses or civil partners of British citizens or those settled in the UK. It grants eligible applicants the right to live, work, and study in the UK with their spouse. Initially, the visa is issued for 2.5 years, with the option to extend it, eventually leading to Indefinite Leave to Remain (ILR) and even British citizenship.
2. Eligibility Requirements for the Entry Clearance Spouse Visa
To qualify for the Spouse Visa, both the UK sponsor and the foreign applicant must meet specific requirements:
- Relationship Requirement: Applicants must prove that their relationship with the UK sponsor is genuine. The couple must be legally married or in a civil partnership, or have been cohabiting in a relationship similar to marriage for at least two years.
- Financial Requirement: The UK sponsor must demonstrate that they can financially support the applicant without relying on public funds. The minimum income threshold is usually £18,600 per year, with higher requirements if the couple has children.
- Accommodation Requirement: The couple must show that they have adequate accommodation available in the UK, where they can live without relying on government assistance.
- English Language Proficiency: The applicant must pass an approved English language test (CEFR A1 level or higher) unless they are from an English-speaking country or have a degree taught in English.
- Intent to Live Together: Both partners must intend to live together permanently in the UK.
3. Financial Requirements for the Spouse Visa
One of the key requirements is proving sufficient financial stability. Here’s how the income threshold is calculated:
- Base Income: The UK sponsor must earn at least £18,600 annually.
- Additional Income for Children: If the couple has children who are not UK citizens or settled, they must have an additional £3,800 for the first child and £2,400 for each additional child.
Sources of income can include salary, self-employment earnings, savings, and certain benefits. If the sponsor does not meet the income threshold through employment, they can use savings of at least £62,500 as an alternative.
4. Required Documents for the Entry Clearance Spouse Visa
The applicant must submit several documents to support their visa application, including:
- Valid Passport: Passports for both the applicant and the UK sponsor.
- Marriage or Civil Partnership Certificate: Proof of the relationship, including marriage certificates or evidence of cohabitation for at least two years.
- Financial Evidence: Payslips, bank statements, and tax documents to demonstrate the sponsor’s income meets the financial threshold.
- Accommodation Details: Documents showing that adequate accommodation is available, such as a tenancy agreement or mortgage statement.
- English Language Test Certificate: Proof of passing an English language test, unless exempt.
- Proof of Communication and Relationship: Photos, travel tickets, communication records, or affidavits from friends and family supporting the authenticity of the relationship.
5. Application Process for the Entry Clearance Spouse Visa
The application process involves several steps, beginning with an online application:
- Complete the Online Application: Fill out the spouse visa application form on the UK government’s visa website, pay the application fee, and book a biometric appointment.
- Pay the Immigration Health Surcharge (IHS): Pay the IHS fee, which covers the applicant’s access to the National Health Service (NHS) during their stay in the UK. The current surcharge is £624 per year.
- Submit Required Documents: Upload or submit all required documents for review by UK Visas and Immigration (UKVI).
- Attend the Biometric Appointment: The applicant must attend a biometric appointment at a visa application center to provide fingerprints, a photograph, and passport information.
- Wait for Decision: Processing times vary but typically take 12 weeks if applying from outside the UK. Priority processing options are available for an additional fee.
6. Validity and Extension of the Spouse Visa
The Entry Clearance Spouse Visa is initially valid for 2.5 years (30 months). After this period, applicants can apply for an extension of an additional 2.5 years if they continue to meet eligibility requirements.
After five years on a Spouse Visa, the applicant may be eligible to apply for Indefinite Leave to Remain (ILR), which grants them permanent residency in the UK. Following ILR, they may choose to apply for British citizenship after one year.
7. Spouse Visa Fees
The fees for the Spouse Visa application are as follows:
- Application Fee: £1,538 if applying from outside the UK, or £1,048 for in-country applications.
- Immigration Health Surcharge (IHS): £624 per year, paid upfront for 2.5 years (totaling £1,560).
These fees are non-refundable, even if the visa application is denied.
8. Common Reasons for Spouse Visa Denial
Spouse Visa applications may be denied due to various reasons, such as:
- Insufficient Financial Proof: Failing to meet the minimum income threshold or provide adequate financial documents.
- Incomplete Documentation: Missing required documents or inaccurate information can lead to refusal.
- Relationship Doubts: If UKVI suspects the relationship is not genuine, they may deny the application. Providing extensive evidence of a committed relationship helps avoid this.
- Failure to Meet Accommodation or Language Requirements: Inadequate housing or lack of English proficiency documentation may also result in refusal.
Being thorough in preparing documentation and meeting all eligibility criteria can reduce the risk of denial.
9. Frequently Asked Questions (FAQs)
1. How long does the Entry Clearance Spouse Visa process take?
Processing times are typically up to 12 weeks, though priority services can reduce the waiting period.
2. Can I work in the UK on a Spouse Visa?
Yes, Spouse Visa holders can work and study in the UK without restrictions.
3. What happens if my Spouse Visa application is denied?
You can appeal the decision, reapply with additional documents, or seek professional immigration advice for complex cases.
4. Can I apply for a Spouse Visa if my partner is not a UK citizen?
Yes, as long as your partner is a settled person in the UK (e.g., a person with Indefinite Leave to Remain).
5. How long does the Spouse Visa last, and can it be extended?
The initial visa lasts 2.5 years, after which it can be extended for another 2.5 years.
6. Can I apply for UK citizenship on a Spouse Visa?
After obtaining ILR and living in the UK for five years, you can apply for UK citizenship, provided you meet all other eligibility requirements.