Entry Clearance as a Spouse
If you are married to a British Citizen or a person present and settled in the UK, you can apply for entry clearance as a spouse. The applicant applying for entry clearance as a spouse of a British Citizen or a person settled person must meet the following requirements:
- Suitability criteria as set out in the Immigration Rules;
- Genuine and subsisting relationship as a spouse of a person present and settled in the UK;
- Financial requirement whereby the UK spouse of the applicant must be earning at least £18,600 gross per year or savings of £62,500 if the UK spouse of the applicant has no earnings from employment, self-employment or other means of income;
- Adequate accommodation for the applicant and the UK spouse to be accommodated in the UK without recourse to public funds;
- English language requirement to show that the applicant has English at CEFR level A1 as required by the UK Immigration Rules.
The applicant must provide evidence that the sponsor's gross annual income is at least:
- an additional £3,800 for the first Non-EEA child; and
- an additional £2,400 for each Non-EEA additional child; alone or in combination with
- specified savings of-(i) £16,000; and
(ii) additional savings of an amount equivalent to 2.5 times the amount which is the difference between the gross annual income and the total amount required.
When determining whether the financial requirement is met only the following sources will be taken into account:
- income of the partner from specified employment or self-employment, which, in respect of a partner returning to the UK with the applicant, can include specified employment or self-employment overseas and in the UK;
- specified pension income of the applicant and partner;
- any specified maternity allowance or bereavement benefit received by the partner in the UK;
- other specified income of the applicant and partner; and
- specified savings of the applicant and partner.
Exemption from Financial Requirement
The applicant will be exempt from meeting the financial requirement of £18,600 or above if the applicant’s partner is receiving one or more of the following:
(i) disability living allowance;
(ii) severe disablement allowance;
(iii) industrial injury disablement benefit;
(iv) attendance allowance; or
(v) carer’s allowance; and
Where the applicant is exempt from meeting the financial requirement, the applicant must provide specified evidence that his/her partner is able to maintain and accommodate himself/herself, the applicant and any dependants adequately in the UK without recourse to public funds.
Adequate Accommodation Requirement
The applicant must provide specified evidence that there will be adequate accommodation, without recourse to public funds, for the family, including other family members who are not included in the application but who live in the same household, which the family own or occupy exclusively: accommodation will not be regarded as adequate if:
- it is, or will be, overcrowded; or
- it contravenes public health regulations.
English language requirement
The applicant must provide specified evidence that he/she:
- is a national of a majority English speaking country; or
- has passed an English language test in speaking and listening at a minimum of level A1 of the Common European Framework of Reference (CEFR) for Languages with a provider approved by the Home Office, UKVI; or
- has an academic qualification recognised by NARIC UK to be equivalent to the standard of a Bachelor’s or Master’s degree or PhD in the UK, which was taught in English; or
- is exempt from the English language requirement because at the date of application:
- the applicant is aged 65 or over;
- the applicant has a disability (physical or mental condition) which prevents the applicant from meeting the requirement; or
- there are exceptional circumstances which prevent the applicant from being able to meet the requirement prior to entry to the UK.
If the applicant meets the requirements for entry clearance as a partner the applicant will be granted entry clearance for an initial period not exceeding 33 months, and subject to a condition of no recourse to public funds.
If an application for entry clearance as a spouse is refused by the Entry Clearance Officer (ECO), an entry clearance appeal can be filed with the First Tier Tribunal within 28 days of the date of receipt of the refusal letter.
What we can do for you
If instructed to represent you regarding your application for UK spouse visa, the work carried out by our immigration solicitors will include the following:
- Take detailed instructions from you and advise you about the relevant immigration laws and procedures to be adopted by the Entry Clearance Officer (ECO) in your UK spouse visa application;
- Discuss your application for entry clearance for UK spouse visa in detail with you and advise you about the weaknesses and strengths of your application;
- Advise you about the documentary evidence to be submitted in support of your UK spouse visa application;
- Consider contents of the documentary evidence to be submitted in support of your UK spouse visa application and discuss the same with you;
- Complete the relevant immigration form for your UK spouse visa application and discuss the same with you;
- Prepare a sponsorship declaration for you, if necessary;
- Prepare a covering letter to introduce and support your UK spouse visa application;
- Liaise with the Entry Clearance Officer for an expeditious decision on your spouse visa application;
- Protect your interests while your spouse visa application is pending with the Entry Clearance Officer and keep you informed of the progress on your spouse visa application;
- Follow up work until decision is reached on your spouse visa application;
- Advise you about the implications of the Entry Clarence Officer's decision.
Our Fees for Entry Clearance Application As a Spouse of a Settled Person
We will charge you a fee from £1,000 for our professional immigration services in relation to your entry clearance application as a spouse of a British Citizen or a settled person where the financial requirement is being satisfied only through employment of the sponsor. The agreed fee will depend on the complexity of the matter and the casework involved in the matter.
We will charge you a fee from £1,200 for our professional immigration services in relation to your entry clearance application as a spouse of a British Citizen or a person present and settled in the UK where the financial requirement is being satisfied through self-employment or savings of the sponsor/applicant. The agreed fee will depend on the complexity of the matter and the casework involved in the matter.
If you cannot afford to pay our fee in full at the time of instructing us in relation to your matter, you can pay half of the fee at the time of instructing us and rest of the fee can be paid by monthly instalments.
The agreed fee will cover all our work until decision by the Home Office on the application. However, it is pertinent to note that the agreed fee will not cover any disbursements to be incurred by the company on your behalf e.g. translation of documents, Home Office fee etc.