Can you apply for a spouse visa from the UK

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You can apply for a spouse visa from the UK if you are here with leave apart from if you are here as a visitor or were granted less than 6 months leave
Getting a spouse visa

What are the requirements of a spouse visa

If you are here in the  UK in any category under the immigration rules and wish to apply for leave to remain as a spouse under the immigration rules you need to meet the following requirements:

  • You and your spouse must be over 18 years of age;
  • You and your spouse must have met and a have valid marriage;
  • You must intend to live together permanently;
  • You must have been granted leave to remain for a period of over 6 months;
  • The Applicant must either be from an English speaking country as defined by the  Home Office, have a degree that was taught or research in English or passed the CEFR Level A1 ins speaking and listening ;
  • Meet the Home Office suitability requirements;
  • Your spouse who is sponsoring you must meet the minimum financial requirement of earning £18,600 per year or have sufficient savings to maintain you any dependent children.

What if you are refused a visa

Your application for a visa will be treated by the Home Office as a human rights clam and you can appeal on human rights grounds against the refusal  It is occasionally worth asking for a Reconsideration of your case which is basically the Home Office having another look at your case ( after paying a fee).   This is relevant where all the information provided has not been looked. If you have not been granted a right of appeal you may be able to issue Judicial Review proceedings to try to get the  Home Office to give you a right of appeal.

Can I use the premium service to apply for a spouse visa

Yes, you can although there are major changes underway to this service.    There will still be a paid for fast track process available.

How much is a spouse visa application

£1033 plus the  Immigration Health Surcharge Fee of  £500 plus the premium service fee if you are using that service.

Any tips

  • It is worth using a solicitor.  They do this stuff day in, day out.   They like doing it. Really. Most of them get it right and if there are any problems they deal with them.
  • Read the form properly and then again;
  • Read the guidance notes properly and then again;
  • Check your completed application properly;
  • Check every page of every document is there and legible.    You will be surprised at how many times people do not do this;
  • Keep a copy of everything you are sending the Home Office or handing in to them;
  • Don’t cut corners or hope the Home Office will understand.  They won’t. Give the Home Office all the information they ask for.   

What leave do I get

  1. 5 years.  You then have to apply for another 2.5 years BEFORE your leave expires.  Before the expiry of your second period of 2.5 years leave you can apply for   Indefinite Leave to Remain. You can apply for citizenship once you have been in the  UK for 3 years and have Indefinite Leave to Remain.

What if I can’t meet one of the  Immigration Rules

If you have valid leave then wait until  you do meet the Rule. If waiting is not going to change anything then apply.  If you can show that you are in a genuine and subsisting relationship with a spouse  who is in the UK and is a British Citizen, settled in UK or in the UK with refugee leave or humanitarian protection, and there are insurmountable obstacles to family life with that spouse continuing outside the  UK then you may be granted leave as a partner under the 10 year route.

Where can I get more information

  • Look at the  Immigration Rules;
  • Look at the Home Office guidance notes;
  • Look at the  Immigration Directorate Instructions;
  • Book a consultation with a solicitor;
  • Instruct a solicitor to deal with the application.

Article by Amarjit Ahluwalia

Amarjit Ahluwalia

Amarjit is the Chief Editor of legal content and a contributor on Legafit.com . Amarjit has been practicing as a solicitor for over 20 years and is committed to making the law intelligible through her editorial work.

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