Visas for married couples or civil partners

If you are married to or in a civil partnership with someone who is a British citizen or a person settled in the UK, you might be eligible to apply to join them here on the basis of your relationship.

We can help you join your partner or spouse either temporarily or permanently in the UK. We are here to assist you in getting you the result you need.

We will make sure that the process goes as smoothly as possible so that you can join your partner and enjoy your life together without any worries.

Are you not yet married?

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Applying for a family visa when you are married or in a civil partnership

Who can apply

If you are from a country outside of the European Economic Area and you are in a genuine marriage or civil partnership, you might be able to apply for what is known as a UK spouse visa.

There are a number of criteria you will have to meet in order for your application to be granted, but don’t worry. With our expert immigration team behind you you’ll be in with the best chance of success.

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Proof of your relationship

In order for your application to be a success, the Home Office will need to see substantial evidence that your relationship is real and genuine. You will have to submit months, or even years’ worth of proof alongside your visa application.

Examples of evidence might be:

  • Joint bank statements
  • Joint tenancy agreements
  • A marriage or civil partnership certificate

Although it might be difficult to get this evidence, especially if it’s been lost or thrown away, without it you’ll stand less of a chance of getting your entry clearance granted.

The Home Office also have to see proof that that your marriage or civil partnership is legally recognised by UK law.

Our team know how tricky gathering everything you need, so can help you compile all the evidence you should have to give you the best chance of being granted your spouse visa.

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General requirements

If one of the following applies to your spouse or civil partner, you can apply to join them in the UK on the basis of your relationship:

  • They are present and settled in the UK, or
  • They have limited leave to remain in the UK – excluding student visa holders and other short-term visa category holders

You and/or your partner must also meet all of the below requirements:

  • Both of you must be over 18 at the time of applying
  • Both of you must intend to permanently live together when you get to the UK
  • You will also have to provide evidence that you have arranged appropriate accommodation for your arrival in the UK
  • Your spouse or partner must be physically present in the UK at the time of your application, unless they are accompanying you to the UK. If this is the case, they need to hold either indefinite leave to remain, a permanent right of residence, British citizenship or the right of abode in the UK
  • You personally need to meet the English language requirements, which means you will have to take an English Language Test and pass at a certain level

Our team of immigration solicitors in Manchester can help you meet all the necessary requirements, and will make sure to help you provide the evidence you need so that your chances of success are as high as they can be.

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Financial requirements

As well as meeting the above general requirements, in order to be granted entry clearance to the UK via a spouse visa, there are certain financial requirements you have to meet.

Currently, the minimum earning threshold for UK settlement is £18,600, which means you have to be able to prove that you are earning this or more at the time of your application.

If your spouse or civil partner wants to sponsor you, then you will have to prove that they can meet the above amount instead.

However, if a child is also being sponsored, the minimum earning threshold rises to £22,400, with an additional £2,400 for each further child.

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Documents you need to provide

You have to provide evidence to show you can meet the financial requirements. This could be:

  • Income evidence from employment, like payslips or self-employment, like tax returns
  • Non-employment income, such as from property rentals, income from investments, stocks or shares
  • Proof of a pension that you or your partner receives. This can be either a state pension, UK or foreign, or a private pension
  • Any maternity allowance or bereavement benefits that you or your partner receive in the UK

If your spouse or civil partner receives disability-related benefit or carer’s allowance in the UK, then you may be exempt from meeting the financial requirements.

However, if you are exempt, then you will have to be able to prove to the Home Office that you will be able to maintain and accommodate yourselves with no problem and no need to access public funds whilst in the UK.

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How long you can stay

If the Home Office decides to grant you entry clearance on the basis of your marriage or civil partnership you will be able to stay in the UK for up to 33 months.

After this initial period, you can apply for a 30 month extension. If you are granted this extension then after that period is over you will be eligible to settle in the UK indefinitely.

If you apply for your spouse visa from within the UK and you are successful, then you will be granted an initial period of 30 months, after which you can apply for a further 30 months extension.

This will take you up to the minimum five years which is required to be granted permanent residence.

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We can help you apply

Here at AWH Solicitors we understand that the idea of applying for a visa to join your civil partner or spouse can be quite intimidating, which is why we want to make it as simple as possible for you.

We can help you to understand the whole process before we begin your application, and guide you through each step until reaching the result you need.

Get in touch today to find out more about how we can help, or request a call back.

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