Spouse and Civil Partner Visa
Marrying or forming a partnership with an eligible spouse of partner does not automatically give you a right to live in the UK. A Spouse or Civil Partner visa allows foreign nationals to live with their spouse or partner in the UK if they are married or form a partnership with a British or Irish citizen, a person with a settled or pre-settled status in the UK, a holder of a Turkish Business Person or Turkish worker visas, or a person with a refugee status or humanitarian protection in the UK. Spouse or Civil Partner visa holders are permitted to work in the UK.
A Spouse and Civil Partner visa is initially granted for 2 years and 6 months (plus additional 3 months if you are applying for entry clearance) and can be extended further for 2 years and 6 months. After a period of 5 years, this visa can lead to Indefinite Leave to Remain or Settlement in the UK.
Our solicitors can help with advising on the relevant visa requirements, completing the application form, reviewing necessary documents and other supporting evidence, and accompanying the process until your Spouse or Civil Partner visa is issued.
If your Spouse or Partner visa has been refused, you should have a right to appeal to the First Tier Tribunal (Immigration and Asylum Chamber) as this type of application is considered to be a human rights claim. Depending on your circumstances, you might be able to pursue further the decision maker’s refusal of your visa via Judicial Review (to challenge the lawfulness of the decision) or via Administrative Review (if a mistake was made by the decision maker when issuing your visa refusal).
You will also have the option to make a new visa application. If you decide to reapply, you shall address in the new visa application all reasons for your refusal, providing all missing information and relevant supporting evidence.
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What are the requirements for a Spouse or Civil Partner Visa?
Below are the most general eligibility requirements which may vary depending on the complexity of your situation:
- you and your partner are both aged 18 or over
- your partner is a British or Irish citizen, a person with a settled or pre-settled status in the UK, a holder of a Turkish Business Person or Turkish worker visa, and a person with a refugee status or humanitarian protection in the UK.
- you and your partner must intend to live permanently in the UK
- you are in a relationship that is genuine, subsisting and recognised in the UK
- you have to prove sufficient knowledge of the English language, unless exempt
- you can support yourself and any dependants financially and also have suitable accommodation in the UK
- any previous relationship has ended permanently
What documents and information are required to make an Spouse of Civil Partner application?
It is exceptionally important to include all required documentary evidence for a Spouse or Civil Partner visa as most applications are refused because of insufficient evidence provided. Every case is different, and depending on your particular circumstances, you may be required to provide additional evidence. Below is a list of the most commonly required documents:
- Application form, including application fee, Immigration Health Care surcharge, and biometric information fee
- Valid passport and all previous passports, if any
- Two passport-sized photos
- Proof of English language knowledge, unless exempt (e.g., having an academic qualification in English or CEFR certificate at level A1 for an initial application and level A2 for further leave to remain as a spouse or partner)
- Proof of financial requirements, unless exempt (e.g., minimum gross annual income of £18, 600 or cash savings of at least £16,000 in addition to £3,800 for a first child, if any, and £2,400 for each additional child)
- Evidence of a genuine and subsisting relationship (although there is no mandatory list of documents, you are required to prove that you are in a genuine relationship, have regular contact with each other, live together or have made practical arrangements of living together and financial commitments to support each other- this could be a combination of official documents, such as bills, joint bank statements, regular correspondence, messaging, photographs and similar evidence)
- Evidence that you meet the financial requirements (e.g. documents that prove your income from employment or other sources, self-employment cash savings, pension or other credible and reliable sources of income and financial support )
- Evidence of accommodation in the UK (e.g., documents proving that you own or rent accommodation that adequately caters to the needs of your family, without any recourse to public funds, and complies with the relevant UK health and safety regulations)
- Evidence that any previous relationship has permanently ended (e.g., if you or your partner have been previously married, you will be required to provide a confirmation of divorce, such as Decree Absolute or Final Divorce Order if issued in the UK, or an equivalent from a foreign jurisdiction)
- Information related to previous immigration applications, if any
- Biometric information (fingerprints and a digital photo)
- Information related to previous criminal convictions, if any
- Tuberculosis test results if you are required to take it
You will be required to provide a certified translation of any documents that are not in English or Welsh.
How can I apply? How long does it take to get a decision?
You will be required to submit an online application, pay the fees, upload the scanned documents and other supporting evidence online, arrange an appointment at the visa application centre to provide your biometric information, such as digital photos and fingerprints, and attend an interview if required.
You should get a decision on your visa within 24 weeks if you apply outside of the UK and once you attend the appointment at the visa application centre. For the applications made in the UK, current processing times are 8 weeks. The actual time varies depending on the complexity of the application, and we advise you to check any updates on current visa processing times.
Priority service is currently available for new applications for Marriage and Civil Partner visa and you may be able to get your visa within 5 working days. Super-priority service is currently available only to those applying from the UK.
Can I switch to a Spouse or Civil Partner visa from the UK?
You may be able to switch to a Spouse or Civil Partner visa from the UK if you apply for an extension, i.e. further leave to remain in the UK as a spouse or a partner. You cannot switch to this visa if you are a visitor in the UK or have a valid leave granted for up to 6 months (with a few exceptions). Visitors will be required to leave the UK and make an application for entry clearance as a spouse of a partner from outside the UK.
How long can I stay in the UK?
A Spouse and Civil Partner visa is initially granted for 2 years and 6 months (plus additional 3 months if you are applying for entry clearance). The visa can be extended further for 2 years and 6 months if you continue meeting the eligibility criteria. After a period of 5 years this visa can lead to Indefinite Leave to Remain or Settlement in the UK.
Can I apply for Indefinite Leave to Remain (ILR) as a spouse or a partner?
Indefinite Leave to Remain (ILR) allows you to stay in the UK permanently, without a subject to strict immigration control. Once you have lived in the UK for 5 years, you may be able to apply for ILR if you demonstrate that you:
- remain in a genuine and subsisting relationship with your spouse or partner
- intend to continue the relationship and live together once you receive your ILR
- continue meeting the financial requirements
- continue living in suitable accommodation with your family
- have passed the Life in the UK Test, unless exempt
- have acquired a higher level of English Language proficiency at SEFR Level B1, unless exempt
What can I do if my visa is refused?
If your Spouse or Partner visa has been refused, you should have a right to appeal to the First Tier Tribunal (Immigration and Asylum Chamber) as this type of application is considered to be a human rights claim.
Depending on your circumstances, you might be able to pursue further the decision maker’s refusal of your visa via Judicial Review (to challenge the lawfulness of the decision) or via Administrative Review (if a mistake was made by the decision maker when issuing your visa refusal).
You will also have the option to make a new visa application. If you decide to reapply, you shall address in the new visa application all reasons for your refusal, providing all missing information and relevant supporting evidence.
Our solicitors can assist you with your appeal process as it can be a complex immigration matter requiring specialist legal support, advice and representation.