If you want your partner, spouse, or fiancé(e) to come to the UK or change their existing UK visa, Bogdan Law Office can help. We have helped many partners, spouses, and fiancés with their UK immigration process, from initial entry to the UK (Entry Clearance) to being granted permanent Settlement.
Requirements for a Partner Visa (Fiancé(e), Spouse, Civil partner)
- You and your partner must both be 18 years of age or older on the date of the Application.
- You and your partner are not related in a way that is not allowed for marriage or civil partnership in the UK.
- You and your partner must have had a face-to-face meeting.
- Your partner must be a British citizen, have indefinite leave to remain or proof of permanent residence in the UK, possess refugee status, have humanitarian protection in the UK, or have pre-settled status granted based on the previous residence in the UK and not as a family member.
- If you are married or in a civil partnership that is recognised in the UK or has been in a relationship for at least two years when you apply, or you are a fiancé, fiancée, or proposed civil partner who will marry or enter a civil partnership in the UK within six months of arriving, you may be eligible to apply.
- You must prove that any prior marriages or civil partnerships have been terminated.
- You must enter the UK to get married or form a civil partnership in the country while holding the Fiancé(e) Visa.
- You and your partner must be in a genuine relationship and intend to live together permanently in the UK after you apply.
- You plan to stay in the UK with your sponsor permanently and have enough living space without needing to access public funds.
- Your sponsor must have an annual income of at least £29,000 (or higher if there are children included) and have enough savings to qualify financially.
- You must have sufficient knowledge of the English language.
- There are also suitability criteria that you need to check, things such as previous convictions, poor immigration history or debt to NHS may affect your Application.
- Provide a Tuberculosis test if applicable in your case.
The English test for Partner Visa applications
You must demonstrate knowledge of English at the appropriate level (at least A1 for your first Application and A2 for extensions) or meet the other conditions regarding the English language.
You must complete your English test with an UKVI-approved provider.
Accommodation in the UK for Family Visa applications
You must demonstrate that your housing is not overcrowded and affordable for you and your partner (or whoever is in your family unit). This could be a property you own, a place you rent, or even somewhere you are staying without paying rent, such as with a family member. You must prove that your home has enough room for both of you.
If you do not currently have a residence in the UK and intend to acquire a residence in the future (e.g., if you are moving back to the UK from abroad), you must demonstrate that you will have access to suitable housing by the time you arrive in the UK.
Financial requirements for Partner Visas
Your combined income with your partner must be over £29,000 annually. You must earn an additional £3,800 annually for your first child and £2,400 for each additional child.
You can demonstrate your financial situation using any of the following methods:
- Regular salary through employment
- Self-employment
- Statutory sick pay, maternity, paternity, or adoption pay
- Savings
- Stocks and shares
- Pension payments
- Property financial gains, such as a regular income from rent
The rules on how you evidence your income vary depending on the source of the income and can be very complicated.
If you do not meet the requirements mentioned above
You may still be able to apply or extend your permission to stay by considering other options, such as if you have a child in the UK who is a British citizen or has lived in the UK for seven years. It would be unreasonable to expect them to leave the UK if living together as a couple outside of the UK would pose difficulties that cannot be overcome or is the refusal would breach your human rights.
How much does it cost to apply for a Partner Visa?
The cost of applying for a Partner Visa from outside the UK is £1,848, and from within the UK is £1,048.
The Applicant must also pay the Immigration Health Surcharge (IHS), which is £1,035 per year. For out-of-country applications, the IHS is £3,105.
You should be aware that additional fees may be associated with the Application.
Can I apply inside the UK for a Partner Visa?
Applications for Spouse Visa are typically submitted online from outside the UK. It is possible to apply online for a Spouse Visa from inside the UK if you entered the country on a Fiancé(e) Visa, under Exceptional circumstances or if you are switching to Partner Visa from another eligible visa.
You may be required to attend a Spouse Visa Interview if the caseworker handling your Application has doubts about your relationship's legitimacy. During the interview, you and your spouse will be asked questions to determine if your marriage is real or a sham.
How long it takes to get an answer to a Partner Visa Application?
You won't be given a definite timeline for when you will know the outcome of your Partner Visa application. However, if you have submitted all the necessary documents and they meet the essential criteria, you should hear back more quickly.
An incomplete Application may result in delays. The officials may contact you to ask for more information if necessary.
The typical time for the UK Partner Visa to be processed is around three months after the Home Office receives it.
How long can I stay in the UK on a Partner Visa?
If the Application is made from within the UK, the initial entry clearance visa is granted for 30 months. Otherwise, the visa will be granted for 33 months.
If you are a fiancé(e) or proposed civil partner, you will receive a 6-month visa to enter the UK, get married, or enter a civil partnership. After that, you can apply for an extension of 30 months on a Spouse Visa.
Can I renew my UK Partner Visa?
For the renewal of the Partner Visa, the required online form is FLR(M). Once you have completed the online forms, you will be required to make the payment and provide the supporting documents. You will then make an appointment with the UKVI's commercial partner dealing with the biometrics enrolment.
My Application for a Partner visa was refused. Can I send an appeal against the refusal?
Being separated is heartbreaking for you, your partner and your children; we understand the implications.
Many applications are refused on seemingly weak grounds, and UKVI likely counts on the applicant not having the means to appeal the decision, meaning it will stand.
If you disagree with the refusal, consider re-applying or appealing the decision. You should act quickly and contact an immigration advisor if you want to appeal a decision, as there may be time restrictions.
Our team can assist you with obtaining a family visa so you can come to the UK and live with your loved one. We can give you the legal advice and representation needed to make it possible for you and your partner or spouse to work and build a future in Britain.
