How To Switch From a Student Visa To Spouse Visa UK ?

T0 qualify for a UK spouse visa, you will need to satisfy the UK Visas and Immigration (UKVI) that:

• Your spouse or civil partner is a British citizen, or has indefinite leave to remain, Pre-settled status, Refugee status or humanitarian protection leave;
• You are aged 18 or above;
• You have met your partner in person;
• You have entered into a valid marriage or civil partnership with your partner;
• Your relationship with your partner is genuine and subsisting;
• Any previous relationship has broken down permanently;
• You and your spouse or civil partner intend to live together permanently in the UK;
• You satisfy the financial requirements of a Spouse Visa application under Appendix FM;
• You and your partner have adequate accommodation in the UK:
• You are able to understand and speak English at the required level;
• You have valid leave at the time of your application for a UK spouse visa (if you are applying from inside the UK).

In addition to the eligibility criteria above, you will also need to satisfy the UKVI that you meet the suitability requirements of a Spouse Visa application. When deciding an application for a UK Spouse Visa, the UKVI will check whether the applicant meets the suitability requirements and carries out checks to make sure that the applicant is a person pf good character and does not have any criminal convictions.

As part of your Spouse Visa application, you are required to show that you can be adequately maintained in the UK without recourse to public funds. To satisfy the maintenance requirement, you will need to meet the financial requirements of Appendix FM, which states that your spouse (or both you and your spouse jointly if you live in the UK with a valid visa) has a gross annual income of at least £18,600.

If you have dependent children who are not British and are applying for UK visas as your dependents, your spouse (or both you and your spouse jointly if you live in the UK with a valid visa) needs to show an additional income of £3,800 (on top of the £18,600) for the first child and an additional income of £2,400 for each additional child.

If your spouse or civil partner is receiving benefits or other state entitlements, they can satisfy the financial requirements of a UK spouse visa by demonstrating that  they are able to ‘maintain and accommodate’ you and your dependents.

It is important to remember that you will need to meet the financial requirements of a UK Spouse Visa at the time of your first application, and subsequently at the time of your application for an extension of your Spouse Visa after 2.5 years, and finally at the time of applying for indefinite leave to remain.

The Immigration Rules relating to the financial requirements of UK Spouse Visa Applications are quite complex and require specified evidence to be provided in support of your application. The Immigration Rules not only require a mandatory set of documents to be provided in support of your Spouse Visa application, but also specifies the format in which the required documents must be presented. The onus is on you, as the applicant, to ensure that the correct documentary evidence is submitted to show that you meet the financial requirements of your spouse visa application. Failure to provide the documentary evidenced specified by the Immigration Rules is the most common reasons spouse visa application are refused.

Currently the UK Visas and Immigration take up to 6 months to decide UK Spouse Visa applications if the application is submitted via the standard service. Although in some cases the UKVI may decide Spouse Visa applications sooner than 6 months, it is best to prepare yourself for around 6 months of waiting time.

You also have the option of submitting your Spouse Visa application via the Super Priority Service which will guarantee a decision within 24 hours of enrolling your biometrics. This option, however, comes with an additional cost of £800 (at present) on top of the usual Spouse Visa application fee that you have today.