Immigration: UK Spouse Visa
Are you a UK Citizen married to a non UK Citizen?
If so, we can assist in obtaining a spouse Visa to visit/ live in the UK.
A spouse visa allows those applying to join their UK spouse in the UK for an initial period of 2.5 years. You must prove that you are married under a regime that is recognised in the UK and that you and your spouse intend to live together permanently in the UK after you apply.
A spouse visa can lead to Indefinite Leave to Remain (ILR). If you decide to live in the UK permanently, a spousal visa will allow applicants to work in the UK.
If you are applying with children
Children can be added to your application as dependants if they are under 18.
Requirements to apply For a spouse Visa
Genuine Relationship - Your spouse must be over 18 and your relationship must be genuine. You will need to show that you intend to live together as a family.
Earnings/ Financial Requirements
The most onerous requirements is the need for you/ your spouse to meet the financial requirements for your spouse to successfully apply. There is a set threshold and you must demonstrate with documentary evidence that you as a family are able to meet this criteria.
You must show that you and your spouse (and any children) will have adequate accommodation in the UK and will not have to resort to public funds/ assistance once in the UK.
Your spouse may need to prove his/her knowledge of the English language if they are from a certain Country. If required the knowledge of English can be proved by production of either an academic qualification from a recognised Country or by taking a test-https://takeielts.britishcouncil.org/prepare-test/free-practice-tests.
As part of the immigration process, your spouse may need to provide evidence of Tuberculosis (TB) screening if they are from a particular country.
The documents to be submitted with the application will depend on your and your spouse’s circumstances. We will be able to advise you on the same.
How much will a spouse visa cost?
At the time of writing the article, the fee is £1,523 plus the Health Surcharge (this is a compulsory fee that provides applicants with access to the National Health Service (NHS) once in the UK.
How long does the visa take to approve ?
A decision will usually be made within 12 weeks if you apply outside the UK, however, Visa premium service can be used for a quicker result.
Once granted, how long can you stay in the UK?
Initially, your spouse will get permission to stay for 2.5 years. Prior to the expiry of the visa, you will need to apply for an extension.
Once your spouse has lived in the UK for 5 years continuously with permission to stay (‘leave to remain’) as a spouse, you would be eligible to apply to settle in the UK (called ‘indefinite leave to remain’).
The above are guidelines and to seek specific advice, please do contact Dee Popat at firstname.lastname@example.org or visit https://jamesberrylaw.com/uk-immigration.
This is a general commentary on the subject matter and should not be construed as specific legal advice.
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