Our clients often have many questions regarding spouse visa applications, and we always ensure they receive expert advice and assistance. In this blog, we answer your 10 most frequently asked spouse visa questions.
I am a British citizen and live abroad with my spouse. Do I have to be in the UK when my spouse submits their visa application?
No, your spouse can submit their entry clearance application while you are both outside the UK. However, you should intend to travel to the UK with your spouse once their visa is granted and reside in the UK.
I am on a long-term student visa and was recently given permission by the Home Office to marry my British fiancé. Once we are married, can I submit a spouse visa application from the UK?
If you have been granted leave to remain for more than six months, you can apply to switch to a spouse visa from within the UK, provided you meet the relevant requirements under the Immigration Rules.
I was originally granted leave to enter as the spouse of a British citizen under the 10-year partner route. Can I switch to the 5-year partner route?
Yes, you can switch to the 5-year partner route at any time during the validity of your leave, provided you meet the relevant requirements under the 5-year partner route.
How do I prove my relationship is genuine if I am married?
As part of the spouse visa application, you must submit your marriage certificate to prove your relationship. We also advise our clients to provide additional evidence, such as photographs, messages, and proof of mutual travel.
The Home Office may request that you and your spouse attend an interview to confirm the genuineness of your relationship. Please see our post on spouse visa interviews for further information.
Can I rely on personal savings to meet the financial requirement for my entry clearance application?
If you wish to rely solely on cash savings to meet the financial requirement, you must show that you, your sponsor, or both jointly have held at least £88,500 for a minimum of six months to meet the £29,000 threshold. Alternatively, you can combine an amount above £16,000 in cash savings with your sponsor’s employment income, non-employment income, or pension income to meet the financial requirement.
My British partner has been working in the UK for four months and earns an annual salary of £45,000. Can I apply for entry clearance at this stage?
If your partner has been with their current employer for less than six months, you must provide evidence of their income over the past 12 months, provided their gross income meets the financial requirement. In this case, there is no minimum required period for your partner’s current employment.
I took my A1 English language assessment 12 months ago and intend to apply for a spouse visa entry clearance next month. Is my certificate still valid?
Test results are usually valid for two years from the date of issue. Therefore, your certificate should still be valid, provided you took the correct test at a Home Office-approved centre.
Is there a priority service available for the spouse visa?
Priority service is usually available. However, you should first check with the biometric centre you will be attending for availability.
Do my children also have to apply for a visa to enter the UK?
If your children are British, they will not require a visa to enter the UK, but they must have a valid British passport when travelling. If your children are not British, they must apply for a family visa.
Do I need a Tuberculosis (TB) test for my visa application?
You will need to take a TB test if you are applying for a spouse visa and are a resident of one of the countries listed by the Home Office.
If you need tailored advice on your application, consulting an experienced immigration solicitor can help improve your chances of success.
At Saracens Solicitors we have extensive experience dealing with various types of applications under the partner and family route. We will provide you with the support and guidance to ensure that your application is made correctly and that all the relevant issues are highlighted and addressed. Please call our immigration team on +44(0)20 3588 3500.
