UK Partner Visa
Under the UK Partner Visa, applicants who are either a Spouse or Civil Partner or Unmarried Partner of a UK citizen or a person who is settled in the UK can apply for Family Visa UK to come and live in the UK.
To qualify for the UK Spouse visa or Civil Partner visa, both parties must be at least 18 years old, have met and be legally married or have undergone a civil partnership registration.
Applicants under this Family Visa UK route will also need to prove that their relationship is of a genuine and continuing nature. Applicants must show that there will be adequate accommodation for the parties and any dependants and able to maintain themselves and any dependants adequately without recourse to public funds. For applicants who are unmarried, both parties need to be living together, in a genuine relationship that is like a marriage or civil partnership (not like a 'marriage of convenience') for 2 years or more.
In addition to the above, applicant must also meet the financial requirement and the English Language Requirement.
Financial requirement can be meet either through income or cash savings or combination of both. The level of the financial requirement to be met in cases varies in cases involving dependent children and is determined by the number of children for example:-
- Partner with no children – £18,600.
- 1 child in addition to the partner – £22,400.
- 2 children in addition to the partner – £24,800.
- 3 children in addition to the partner – £27,200.
In order to calculate the cash savings, applicants can take into account any cash savings which is above £16,000. The amount of cash savings above £16,000 must be divided by 2.5 (to reflect the 2.5 year or 30-month period) to give the amount which can be used in meeting the financial requirement.
Therefore, savings available minus £16,000 divided by 2.5=amount which can be used in meeting the financial requirement.
Successful applicants will be granted a visa for 33 months (if applying from overseas) or 30 months (if applying within the UK).
They will have free access to public schools, and National Health Service. Eligible dependants may also be able to work or study without any restrictions.
Once applicants have completed 5 years in the UK, as the partner of someone who is a British citizen or settled in the UK, they can apply to settle here.
- Is there any exemption to the financial requirement?v
In cases where applicant’s partner is in receipt of any of the following benefits or allowances in the UK, the applicant will be able to meet the financial requirement at that application stage by providing evidence of “adequate maintenance” rather than meeting an income threshold:
- Carer’s Allowance.
- Disability Living Allowance.
- Severe Disablement Allowance.
- Industrial Injuries Disablement Benefit.
- Attendance Allowance.
- Personal Independence Payment.
- Can a third party support counts towards financial requirement?v
Applicants and their partner must have the required resources under their own control and not somebody else. Promises of support from a third party are vulnerable to a change in that person’s circumstances or in the applicant’s or partner’s relationship with them and therefore their support is not counted towards the financial requirement.
- Can you 'switch' if you are already in the UK?v
Applicants may be allowed to switch into the category of partner if they are currently in the UK in a different immigration category. However, they will not be allowed to switch if they are in the UK:
- As a visitor; or
- With permission to stay that was given for a period of less than 6 months (unless that leave was as a fiancé(e) or proposed civil partner); or
- On temporary admission; or
- In breach of the Immigration Rules (a period of overstaying of less than 28 days will not be taken into account).
- Rights of Dependantsv
Dependants (including children under 18 years of age) will be eligible to live and stay in the UK with the parent. They can live and work in the UK without any restrictions. They will be granted leave in line with the expiry date of the main applicant’s) leave.
- Conditions of Stay v
Applicants will have the following conditions attached to their leave:
- No recourse to public funds;
- Registration with the police, if applicable;
- What is my immigration status while my application is pending?v
If applicants submit their application before their authorised stay ends, their existing immigration status will continue until their application is decided, even if the decision is not made until after the end of their permitted stay. Applicant can continue to work until their case is decided if the conditions of their existing leave allow them to do so.
- Biometric Requirementv
Foreign nationals from outside the European Economic Area making certain applications to the Home Office have to apply for a biometric residence permit. This applies to both postal applications and applications made in person (known as ‘premium applications’). The biometric residence permit is a residence permit which holds a migrant’s biographic details (name, date and place of birth) and biometric information (facial image and fingerprints), and shows their immigration status and entitlements while they remain in the UK. This also means that a UK visa will no longer be stamped in applicant’s passport and all applicants will be issued one of the new Biometric visa cards instead. These cards look very similar to a (pink) UK driving license except they have a microchip on the back.
Applicants who wish to extend their stay in the UK by post, the Home Office will send them a letter asking them to enrol their biometrics after the Home Office have received their application. Applicants will be able to enrol their biometric information one of the Post Offices offering this service across the UK using their walk-in service.
Applicants who are submitting their application in person can do this at one of the Public Enquiry Offices by using the premium service. Applicants will enrol applicants’ biometric information at the same time as making their application.
For application submitted overseas, the applicants have to provide their biometric enrolment at one of the Visa Facilitation Centres. Successful applicants will receive a 30 day ‘vignette sticker’ in their passport instead of a vignette with the full grant of leave. This 30 day visa will be the date they indicated as their intended travel date in their visa application. Applicants will be required to collect their BRP from the Post Office branch detailed in their decision letter within ten days of arrival in the UK. The Post Office branch is linked to the postcode that they submitted in their visa application. The BRP card can then be used as proof of right to work, study and access public services in the UK.
- Immigration Health Surchargev
The Immigration Health Surcharge (IHS) was introduced by the Home Office on 6th April 2015. People (non-EEA) coming to the UK for more than six months have to pay this health surcharge as a part of their immigration application towards the National Health Service (healthcare in the UK).
Offshore applicants will have to pay the health surcharge if they are applying for a visa for a period of longer than six months, and onshore applicant will have to pay the health charge for any length of visa.
Applicants will have to pay £150 per year as a student or £200 per year for all other visa and immigration applications. Dependants will usually need to pay the same amount as the main applicant. The exact amount they have to pay depends on how much leave they are granted. They can calculate how much they will have to pay before you apply. If the period of grant applied for is less than 6 months, then half of the yearly amount to be paid and if the period of grant applied for is more than 6 months, then whole year amount is to be paid.
Visa application will not be granted if applicants do not pay the healthcare surcharge or application will be delayed if the right amount is not paid.
Following persons are exempted to pay the IHS:
- Applicants applying for a Tier 2 (Intra-company Transfer) visa and their dependants;
- Applicant under 18 who has been taken into care by a local authority;
- Applicants who arenationals of Australia or New Zealand;
- Dependant of a member of the UK’s armed forces;
- Dependant of a member of another country’s forces who is exempt from immigration control; and
- Applicants of a relevant civilian employee employed by North Atlantic Treaty Organisation (NATO) or the Australian Department of Defence in the UK and their dependants.
- Government Feesv
Home Office fees for the UK Partner Visa Postal Same day Overseas Main Appplicant £811 £1311 £1,195 Partner & Child (<18years), applying together £811 £1311 £1,195 Partner & Child, applying later £811 £1311 £1,195
- Our Feesv
Service Fees (GBP) Manage your application £150 Postal- Full representation service £750 Premium- Minus representation service £800 Premium- Full representation service £1,000 Same day checking service £350 Document Verification Service £250 Telephone Consultation £100 per/hour Face to Face consultation £100 per/hour Form Filling Service £100 per application * For full description of the services, please refer to our 'Services' section on our website.
- Processing Timesv
In line with the Home Office service standards for processing UK visa applications, they decide 95 per cent of settlement applications within 12 weeks of the application date and 100 per cent within 24 weeks of the application date.
Applicants apply for the Same Day at one of Public Enquiry Office (PEO) in the UK; the application is normally decided on the same day.