A UK Spouse Visa is also known as a UK Partner Visa. It falls under Appendix FM of the Immigration Rules, which came into force on 9 July 2012. The rules contained in the Appendix FM are relevant to family members who wish to join their family in the UK. An applicant can apply for extension as a spouse by meeting these requirements too.

In the event you are a non-British citizen and married to:

• a British citizen;
• a person with indefinite leave to remain;
• an EU national with an EUSS pre-settled or settled status;
• a person with ECAA status; or
• a person with refugee or humanitarian protection status in the UK

And intend to live in the UK with your spouse, then you will need to apply for a UK spouse visa and meet the relevant eligibility requirements under Appendix FM of the Immigration Rules.

Eligibility requirements for a UK Spouse Visa are:

• You and your partner must be 18 years or over;
• Any of your previous relationship must have ended;
• You should not be in a prohibited degree of relationship as under Marriage Act 1949;
• Your marriage must be recognised as a valid marriage in the United Kingdom;
• You must submit a valid application and pay application fee and Immigration Health Charge;
• Your application must not fall for refusal under Suitability Requirements;
• Your application must not fall for refusal under the General Grounds for Refusal;
• Your relationship must be a genuine and subsisting one;
• After arrival to the UK, you and your partner must intend to live together;
• You should have adequate accommodation in the UK without leading to overcrowding as defined under UK Housing Act 1985 and does not contravene public health regulation;
• You or your partner must meet the financial/minimum income requirement with –

• Income of £29000 (Applications after 11 April 2024 or £18600 if you were granted initial leave to enter or remain before 11 April 2024)
• Savings of £88500;
• Self-employment/Director of a company;
• Sale of assets;
• Pension/rent/non-employment income

• If you are in receipt of certain benefits such as PIP, Carers Allowance, Disability Living allowance then you need to meet the maintenance and accommodation requirement rather than the financial or minimum income requirement; and
• English Language requirement – for initial application for a spouse visa you need to meet level A1 of CEFR and for extension application level A2 of the CEFR

Restrictions

You cannot apply for this visa inside the UK if you are in the UK on –

• A Visitor Visa;
• On a visa which is granted for 6 months or less except you are on a fiancé visa;
• You must not be in the UK on immigration bail; or
• You were granted a visa pending outcome of family court or divorce proceedings

If you are on any of the above, then it is only possible to apply for a spouse visa inside the UK if any of the exceptions listed below apply.

Exceptions

If you fulfil any of the exceptions below then you may apply for a spouse visa inside the UK even if you are an overstayer/illegally in the UK or under any restricted category listed above –

• You have a child in the UK who is a British Citizen;
• You have a child who has lived in the UK for 7 years old and not a British citizen, however there are circumstances which would make it unreasonable for the child to leave the UK;
• There are insurmountable obstacles for you to relocate or leave the UK; or
• There are exceptional circumstances and refusal would amount to breach of Article 8 Human Rights of the European Convention of Human Rights, which result in the unduly harsh consequences.

Should you need expert advise in connection with your UK Spouse Visa application, please do not hesitate to contact Visa and Migration Ltd, firm of expert regulated Immigration Lawyers. You can reach them on 02034111261 or visit the website.