Spouse Visa, Unmarried & Same-Sex Partners

Spouse Visa, Unmarried and Same-Sex Partners

The spouse visa or unmarried partner, same-sex partner visa is the UK immigration route for those who wish to come to the UK on the basis of joining their partners. In order to apply as the spouse or civil partner of a British citizen, or a person settled in the UK, you need to show the following with your visa application.

Visa application requirements:

• You are the spouse/civil partner of a British citizen/settled person/refugee present in the UK, or returning to the UK permanently
• You have met your spouse/partner and you intend to live permanently together in the UK (permanently means indefinitely, for the foreseeable future – if you show adequate evidence of your relationship with your visa application, discussed below, these requirements will be accepted as being met)
• Adequate accommodation in the UK (e.g. a tenancy agreement, proof of property ownership)
• You meet the financial requirements (see below)
• There are no general grounds for refusing your application (e.g. previous breaches of UK immigration law, criminal record)
• English language ability to level A1 CEFR

The immigration rules for unmarried and same-sex partners require you to show two years of cohabitation to the satisfaction of the UKVI through such evidence as utility bills, rent agreements and formal correspondence which places the couple at the same address.

Financial requirements

The financial requirements for spouse, unmarried partner or same-sex partner visa applications can be quite complex depending on your circumstances.  Specified documents proving the income need to be provided. The general requirement is that the couple needs to show a gross income of at least £18,600 a year in the UK or sufficient savings but there are various ways of showing this.  If there are children, an additional £3,800 will be required for the first child and £2,400 for each child thereafter. The migrant partner’s potential UK salaried income cannot be relied upon although the British partner can rely on a job offer if returning to the UK and the required income can also be shown overseas in the year before the date of application.

In order to rely on savings to meet the spouse, unmarried partner and same-sex partner visa financial requirement you will need to show at least £16,000 plus 2.5 times the shortfall in income.  For example, if you are unable to rely on any income then the shortfall would be £18,600 and you would need to show £16,000 plus 2.5 times £18,600, which equals £62,500.  These funds would need to be held by either you or your partner, or jointly, for more than six months prior to the date of application.  The funds do not need to be held in a UK account but any overseas financial institution does need to be regulated by the home regulator.

Sufficient knowledge of English language

Spouses, unmarried and same-sex partners must demonstrate a level A1 CEFR (Common European Framework Reference) by either having an approved English language test pass certificate (in respect of speaking and listening only), having a degree taught in English recognised as equivalent to at least a UK Bachelors degree or by being a national of a majority English-speaking country.

Visa application granted

If your spouse, unmarried partner, same-sex partner visa application is granted you would be given 33 months’ leave to enter the UK. After you have spent two-and-a-half years in the UK you could then apply for an extension of stay for a further two-and-a-half years, if you still satisfy the requirements at that stage. After five years in the UK you would, subject to meeting the requirements at that stage, be eligible to apply for settlement in the UK, i.e. indefinite leave to remain.

Our Service

Our UK immigration lawyers can assist with all stages of the process and fully prepare the application on behalf of the client. We will advise on the merits at the outset and make clear the legal and evidential requirements so that the application is set up on the best footing from the very start. We of course advise on all the supporting documents and evidence required and take the client through the immigration process from start to finish.

Our UK immigration advice lawyers can provide expert guidance for spouses, unmarried partners and same-sex partners. We can assist with templates for documents specified by the Rules and deal with third parties where necessary and we aim to make the whole process as smooth as possible. If there are any issues in your immigration matter you will know before applying and we can help best overcome them. In short, we prevent mistakes and ensure any application meets the requirements of the Immigration Rules. We are here to help you safely navigate your way through the UK immigration process.

Contact our Immigration Solicitors London, UK

Qore Legal  is based in Central London and we assist clients from throughout England. We also specialise in immigration services for Chinese companies and individuals. For further spouse visa, unmarried partner visa or same-sex partner visa guidance, please contact a UK immigration solicitor at Qore Legal  –  call 020 3946 2560, email info@qorelegal.co.uk or use our online contact form.