UK Partner Visa
Under the UK Partner Visa or spouse 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 Partner visa or spouse 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 the UK Partner visa or spouse visa route will also need to prove that their relationship is of a genuine and continuing nature and they should have every intention to live together. 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. To qualify, as an unmarried partner visa UK, 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, an applicant under the UK Partner visa or spouse visa category, must also meet the financial requirement and the English Language Requirement.
The Financial requirement under UK Partner visa or spouse visa category can be meet either through income or cash savings or a combination of both. The level of the financial requirement under UK Partner visa or spouse visa category to be met in cases varies depending on the family member. In cases involving dependent children and is determined by the number of children for example: -
|Family Member as a UK Partner visa or Spouse visa||UK Partner visa or Spouse visa financial requirements|
|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|
|Each additional child||Plus £2,400 (so £29,600 for 4 children, £32,000 for 5 children and so on)|
In order to calculate the cash savings under UK Partner visaor spouse visa category, applicants can take into account any cash savings which are 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, the savings available minus £16,000 divided by 2.5=amount which can be used in meeting the financial requirement under UK Partner visa or spouse visa category.
Successful applicants under UK Partner visa category will be granted a visa for 33 months (if applying for entry clearance application from overseas) or 30 months (if applying within the UK).
Applicants under the UK Partner visa or spouse visa will have free access to public schools, and National Health Service. Eligible dependants under UK Partner visa category may also be able to work or study without any restrictions.
Once an applicant under UK Partner Visa or Spouse visa complete their initial grant of stay, they can apply for a spouse visa extension under the UK Partner visa or spouse visa. Successful applicants can renew their spouse visa for another 2 years and 6 months.
Once applicants under UK Partner visa or spouse visa category 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 for settlement visa UK.
- What are the required documents for a UK Partner Visa?v
The following are the required documents for spouse visa or UK Partner visa, although this list is by no means exhaustive:
- Proof of your identity;
- Evidence of your relationship, i.e. either through marriage or civil partnership or living together in a relationship for at least 2 years;
- Proof of your English language requirement;
- Proof of your financial requirement;
- Evidence of your accommodation;
- Evidence that the relationship is genuine and subsisting and both parties intend to live together. For example, documents showing that you have lived together, have children together, have a shared bank account or savings, or have spent time together and are in frequent contact;
- The translation of any document that are not in English or Welsh.
In addition to these above documents, you will also require to provide following information at the time of submission of UK partner visa or Spouse visa application:
- Details of any previous immigration applications, if any.
- Details of any criminal convictions, if any.
- Details of any previous marriage or relationships, if any.
- Details of any children, if any.
- Your parents’ date of birth and nationality if you’re applying entry clearance application outside the UK.
- Your tuberculosis test results if you’re from a country where this test is required.
- Which form do I need to apply for UK Partner visa or Spouse visa?v
If you are in the UK, you need to complete the application process online using the following form:-
Current Immigration status or UK visa Online Application Form Initial grant of UK Partner visa, Spouse visa or as an unmarried partner visa UK FLR (M) Extension of Initial grant of UK Partner visa, Spouse visa or as an unmarried partner visa UK FLR (M) Marriage Visa UK / Fiance Visa (in cases where you got married or entered into a civil partnership within 6 months) FLR (M) Dependent children under the age of 18 FLR (M) Dependent children aged 18 or over where they were initially granted leave in this category at a time when they were under 18 FLR (M)
If you are outside the UK and submitting an entry clearance application to enter as a UK Partner visa, Spouse visa, unmarried partner visa UK or fiance visa or marriage visa, you need to complete the application process online.
- Is there any exemption to the financial requirement?v
In cases where applicant’s partner under UK Partner visa or spouse visa category 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 under the UK Partner visa or spouse visa category must have the required resources under their own control and not somebody else. Promises of support from a third party, including friends, relatives or family member 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 under UK Partner visa or spouse visa category 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 into the UK Partner visa or a spouse visa category 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 under UK Partner visa or spouse visa category (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 under UK Partner visa or spouse visa category 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 an applicants under UK Partner visa or spouse visa category, 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. UK Partner visa or spouse visa applicants 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 applying under UK Partner visa or spouse visa category 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 application- and ‘Super Priority Service’ . 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 the 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 in the back.
Applicants under the UK Partner visa or spouse visa category who wish to extend their stay in the UK either by post or ‘Super Priority Service’, have to submit an online application form and pay their application fees. Once they complete the online application, they will be directed to the Sopra Steria’s website to book an appointment at a UKVCAS center. At this appointment, applicants will be able to submit their biometric information including photos, fingerprints and signature.
For an entry clearance application under the UK Partner visa or the spouse visa category submitted overseas, the applicants have to provide their biometric enrolment at one of the Visa Facilitation Centers. However, they will continue to receive a sticker (vignette) in their passport. 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 or entry clearance 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 £300 per year as a student or £400 per year for all other visa and immigration applications including UK Partner visa or Spouse visa. 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.
Applicants applying for UK Partner visa or a Spouse visa must pay the health care surcharge for themselves and any dependants before they submit their online visa or immigration application.
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 indefinite leave to enter or remain;
- Diplomat or a member of a visiting armed forces and not subject to immigration control;
- Dependant of a member of the UK’s armed forces;
- Dependant of a member of another country’s armed forces who is exempt from immigration control;
- Family member of a European national with European Union treaty rights;
- Applicants applying for a visa for the Isle of Man or Channel Islands;
- British Overseas Territory citizen resident in the Falkland Islands;
- An asylum seeker or applying for humanitarian protection (or their dependant);
- A domestic worker who has been identified as a victim of slavery or human trafficking;
- Applicants and or their dependants applying for discretionary leave to remain in the UK as someone who has been identified as a victim of slavery or human trafficking;
- In cases where Home Office’s domestic violence concession applies to applicants and or their dependant;
- Applicants and or their dependents whose depart from the UK would be against their rights under Article 3 of the European Convention of Human Rights
- Government Feesv
Home Office fees for the UK Partner Visa or Spouse Visa UK Postal Application Super Priority Service Overseas / Entry Clearance Application Main Appplicant £1,033.00 £1,833.00 £1,523.00 Partner or child aged under 18 (if applying together) £1,033.00 £1,833.00 £1,523.00 Partner or child aged under 18 (if they are applying later), or child aged over 18 £1,033.00 £1,833.00 £1,523.00
- Our Feesv
Service Fees (GBP) Manage your application £150 Standard or Postal- Full representation service £850 Super Priority Service - Minus Representation £950 Super Priority Service - Full Representation £1,200 Document Verification Service £250 Telephone Consultation £100 per/hour Face to Face consultation £100 per/hour Form Filling Service £150 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 entry clearance applications for UK Partner visa or spouse visa, they decide 95 percent of settlement applications within 12 weeks of the application date and 100 percent within 24 weeks of the application date.
Applicants applying for a UK Partner visa or spouse visa within the UK under Standard or Postal Service, the decision is normally taken up to 8 weeks and for Super Priority Service, it is normally decided within 24 hours.