Many overseas nations move to the UK to begin a new life with their UK settled partner. They can apply through the family visa or the UK spouse visa
The UK spouse visa is also known as a UK marriage visa, a spouse visa allows married partners of UK nationals to move to the UK with the person they are married with an already ‘settled status’ in the UK.
Eligibility to apply for a UK spouse/partner visa?
You will be eligible for a UK spouse visa under the following circumstances
- Both partners or spouses are over 18 years of age
- Either of the spouse is a British or Irish citizen
- The partner or spouses have ILR or permanent residency- as settled status in the UK
- if they have been granted British citizenship.
- If they are from EU, Norway, Switzerland, Liechtenstein, or Iceland and have pre-settled status ( as on 31st December 2020)
- a Turkish Worker visa holder or Turkish Businessperson visa
- Partners or spouses with refugee status
- Or if either or both partners have humanitarian protection in the UK
In addition to the eligibility requirements the partners should also provide the following to the Home Office.
- They are in a civil partnership or marriage as legally recognised in the UK
- The partners have been living together in a relationship for at least two years before applying for a UK spouse visa
- The partners have intention to get married in the UK within six months of arrival.
The partners or spouses applying for a family visa under the standard visitor visa UK to come and live with you if they are either your:
- Civil partner, husband, wife, proposed civil partner or fiancé(e)
- Partner with whom you have lived with for at least 2 years
They will be able to apply for a family visa if they fulfil one of the following:
- British citizenship
- indefinite leave to remain
- refugee status or humanitarian protection
- settled status under the EU Settlement Scheme
Prove you relationship with Genuineness test
For spouses looking to move to the UK with a UK spouse visa under the UK visitor visa, the visa applicant must be able to prove they have a genuine relationship, such as a civil partnership, with their British citizen spouse or partner. There are different types of proof you can send to the Home Office, like:
- A joint mortgage papers or tenancy agreement, either in the UK or outside the UK
- Proof of any children the spouses have together, such as a birth certificate of the child.
- Photographs that show you have spent time together
- A shared bank account or or combined savings
- Text messages or social media chat logs
- Travel documents that prove you have visited the UK at least once before you got married
- Any documents to evidence that you have full intentions to live together in the UK for a long time.
Switch or extend your visa
If the spouses have come to the UK on a different visa, they are still eligible to switch to another visa category, for example, if the spouse have come to visit the UK on a UK visitor visa, they can switch over to spouse visa category if they fulfil the genuineness test and have English language proficiency and financial adequacy.
Conclusion: With the increase in visa rejection rate one would not take chances for the application. It is imperative to read visa guidelines before applying. We also recommend that you take advantage of immigration experts to represent your case. A Y & J Solicitors have the UK’s best immigration lawyers who provide tailor-made solutions to each client. They also regularly keep you updated with the latest UK and immigration news related to your case.
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