In order to gain permission to stay in the UK with any family member for more than 6 months, you need to apply for a family visa. You can apply for a family visa for your spouse or partner; fiancé, fiancée or proposed civil partner, child, parent and relative who’ll provide long-term care for you.
The spouse visa is not included in the United Kingdom’s points-based tier visa system and sits outside the scheme, which is used for those who want to come from outside the European Economic Area (EEA) to the UK to work, study or train.
It is important to consider the context of the upcoming Brexit, as changes are already coming into place, for instance, the Tier 1 entrepreneur visa has been replaced with UK Innovator visa.
If you and your partner are from the EU, Iceland, Norway, Switzerland, Iceland or Liechtenstein, your rights to work, study, and live in the UK will change after the 31st December 2020. However, have already been living in the UK before that date, you may be able to apply by EU Settlement Scheme for ‘settled status’ or ‘pre-settled status’ or eligible to apply to become a British citizen.
After the 31st December 2020, you may still stay for 3 months but you must then apply for a new immigration scheme, the details of which haven’t been confirmed yet.
Here at Kalsi Solicitors, we are focused on providing a streamlined and efficient service that is approachable and knowledgeable in the realm of immigration law. We understand that the process can be difficult at times so we do our best to provide as much information and insight as possible.
If you are settled in the UK and have the legal right to live in there permanently and are looking to apply for your non EEA family partner, you can apply for your partner to come and live with you as a UK spouse. This is only if they are your husband, wife, civil partner, proposed civil partner, fiancé, fiancée, or partner who you’ve lived with for at least two years. Any dependent can also apply to join their partner in the UK if they’re from outside the European Economic Area (EEA) and Switzerland.
You must be able to meet financial requirements and provide evidence that your dependents will be supported for the period of time in the UK. Firstly there is a minimum income requirement, where you and your partner must have a combined income of at least £18,600 per year.
On top of ensuring that you meet the maintenance criteria, you will also need to pay Home Office fees for each applicant . The Home Office fees are increased annually. In addition to the Home Office fees, an Immigration Health surcharge is also charged and also ann extra £19.20 is needed to have their biometric information (fingerprints and photo) taken if they’re applying in the UK.
The Home Office offers a premium fast track service, otherwise, the decision will take up to 8 weeks after your application has been sent via the standard service. If your spouse visa application is more complex then you will be contacted if it will take longer, this might apply to you if your supporting documents need to be verified if you need to attend an interview or personal circumstances like a criminal conviction.
Knowledge of English
There is a knowledge of the English language requirement your partner or family may need to meet. You may need to prove your knowledge of the English language when you apply. You can prove it with an academic qualification, or by taking a test. You do not need to prove it if you’re applying as a:
- adult coming to be cared for by a relative
You can prove your knowledge of English through academic qualifications if you both:
- you have a degree or academic qualification that was taught or researched in English
- your qualification is recognised by UK NARIC as being equivalent to a UK bachelor’s degree or higher
You’ll need to provide a certificate from UK NARIC confirming this when you apply.
We have multiple locations across to help with your spouse visa in the UK: Leicester, London, Birmingham, Leeds, Liverpool, Manchester. Our various teams will be more than happy to assist with any enquiries that you might have about the work that we do at Kalsi Solicitors. Contact us here.