Find a UK Spouse Visa Lawyer for Your Spousal Visa

Spousal Visa Solicitors

For couples separated by borders, a spousal visa can be a lifeline, allowing them to reunite and build their lives together in the UK.

At Legafit, our network of expert immigration lawyers has extensive experience in handling spousal visa applications and a strong understanding of immigration law across the wider UK immigration system.

They are on hand to provide clear, step-by-step guidance on the spousal visa application process. From initial consultation to submission and follow-up, we offer comprehensive support and specialist legal advice from fully regulated and vetted solicitors for affordable fixed prices, with no hidden fees in sight.

If you’re planning to apply for a UK spousal visa, let Legafit help you through the process and provide you with the expertise and support you need to increase your chances of success.

Contact us today for a free case evaluation and quote for the services of experienced spouse visa solicitors.

What is the UK spousal visa?

A spousal visa, also known as a spouse visa UK, allows the spouse or civil partner of a British citizen or someone with settled status in the UK to live and work in the UK. The initial UK spouse visa is usually granted for 30 months and can form part of the spouse visa route to British citizenship.

Who can apply for a UK spousal visa?

A spouse visa applicant can apply for a UK spousal visa if your spouse or civil partner:

• Is a British or Irish citizen
• Has settled in the UK and has Indefinite Leave to Remain, permanent residence, or EU Settled Status;
• Has refugee status or humanitarian protection in the UK;
• Has a Turkish Business person via or Turkish Worker visa.

Both the spouse visa applicant and the sponsor must be aged 18 or over, and the sponsor’s immigration status must show that they are a British citizen or settled in the UK.

You must have met in person at least once and need to prove that your relationship is genuine and subsisting. This typically involves providing evidence such as photographs, communication records, and cohabitation documents.

You and your partner must also intend to live together permanently in the UK.

What do you need to be able to prove to get a spousal visa?

To meet UK spouse visa requirements, you need to prove that you:

• Are applying under a partner visa route as a couple who are married or in a civil partnership;
• Qualify as an unmarried partner by having lived together in a relationship for at least two years before applying;
• Are applying for a fiancé visa or as a proposed civil partner planning to marry or enter into a civil partnership within six months of arriving in the UK.

Alternatively, if you’ve been in a relationship for at least two years but can’t live together due to work, study, or cultural reasons, you must also meet this criteria.

Also, you need to demonstrate a good knowledge of English and meet specific financial requirements.

If you can’t provide this proof, you might still be eligible to apply for a visa or extend your stay if you have a child in the UK who is a British or Irish citizen, or has lived in the UK for seven years, and it would be unreasonable for them to leave, or if forcing you to leave the UK would breach your human rights.

If you are applying as a proposed civil partner, you must show that any previous marriages or civil partnerships have ended and that you plan to marry or become civil partners within six months of arriving in the UK.

You will not be able to work or study during your engagement period.

Once you marry or enter into a civil partnership, you will need to apply to extend your stay, and upon approval, you will gain the right to work or study in the UK.

Because the immigration rules are detailed, your lawyer should understand both the evidence requirements and common refusal points before advising on the case.

How do I apply for a spousal visa?

To apply for a spousal visa, you must apply online, whether you are in the UK or outside of the UK, and a lawyer can help you prepare your UK visa application properly and guide you through the visa process.

What evidence do I need to apply for a spousal visa?

To apply for a spousal visa, you will need certain supporting documents, including:

• Your full name
• Date of birth
• Current passport or other valid travel ID
• Copies of the photo page and any visa or entry stamps in your previous passports
• A copy of your biometric residence permit, if you have one
• Details of any previous immigration applications you’ve made
• Details of any criminal convictions
• Your national insurance number, if you have one
• Your parents’ date of birth and nationality if you’re applying from outside the UK
• Your tuberculosis test results if you’re from a country where you have to take the test
• A certified translation of any document that is not in English or Welsh

You also need to prove your knowledge of English, and your family visa application must show you can meet the financial requirements. Translation needs and past application records can also affect the evidence required depending on your specific UK visa history.

Plus, you also need to prove your relationship by detailing how long you’ve known each other, lived with each other, and the things you pay for together.

You may also need a sponsorship form from a family member.

What are the financial requirements for a spousal visa?

To qualify for a spousal visa in the UK, you and your spouse or civil partner must have a combined income of at least £29,000 per year.

The income can come from various sources, including:

• Employment or self-employment
• Savings over £16,000 held for at least six months
• Income from retirement pensions
• Rental income or dividends from investments.

In some cases, exemptions to the income threshold apply. For example, if the applicant or their sponsor receives certain disability benefits or carer’s allowance, the financial requirement might be waived.

What if I can’t meet the financial requirements for a spousal visa?

If you can’t meet the financial requirements for a spousal visa, you might still be eligible to apply for a visa or extend your stay in the UK under certain conditions. In some cases, a fee waiver may be available if you cannot afford the normal application fee and qualify under the relevant rules. For example:

• If you have a child who is a British or Irish citizen or has lived in the UK for at least seven years.
• If making you leave the UK would breach your human rights.

If you do not meet the financial requirements, the earliest you can apply to settle permanently in the UK is after 10 years of residence.

How much does a spousal visa cost?

The fee for a spousal visa is £1,846 if you’re applying outside the UK, and £1,048 if you’re applying in the UK.

You might also need to pay the Immigration Health Surcharge as part of your application. The Immigration Health Surcharge is currently £1,035 per year.

For each adult (18 or older) it costs:

• £2,587.50 if you’re staying for 2 years and 6 months
• £3,105 if you’re staying for 2 years and 9 months
• £5,175 if you’re staying for 5 years.

Why might my spousal visa be refused?

Some of the most common reasons for spouse-related UK visa refusals are missing, incorrect, or incomplete supporting documents and failure to meet the minimum income threshold or provide adequate proof of income.

Plus, if there is a lack of convincing evidence that the relationship is genuine and subsisting, this may put your application into doubt.

Furthermore, if you haven’t provided sufficient proof of English language proficiency, this can also hinder an application.

How can I avoid a spousal visa refusal?

You should ensure all required documents are complete, accurate, and up to date. Be sure to double-check against the official checklist to avoid omissions.

Also, provide clear and detailed proof of meeting financial requirements, which could include pay slips, bank statements, tax returns, and proof of savings.

Make sure you submit strong evidence of your relationship, such as photos, communication records, joint bank accounts, and affidavits from friends and family, and ensure you have a valid and recognised English language test certificate or meet the exemptions if applicable.

Do I need a solicitor for a spousal visa application?

It’s not a legal requirement to hire a solicitor for a spousal visa application, but it can increase your chances of success. Before you choose, check whether you need a solicitor or another authorised professional to provide immigration advice for your case.

Solicitors should be regulated by the Solicitors Regulation Authority, and non-solicitor immigration advisers should be registered with the Immigration Advice Authority. Unregulated immigration advice can create problems with representation, and unregulated advisers cannot lawfully submit applications on behalf of people if they are not properly authorised. It is also worth confirming the lawyer’s experience with spouse visa cases like yours and whether they will handle the full application process or only carry out a document check.

You might consider using a solicitor if you have had previous visa applications refused or you are not confident in completing the application itself, particularly if English is not your first language.

How long does the spousal visa application process take?

Typically, it takes up to 12 weeks (3 months) from the date you submit your application and provide your biometrics.

However, for an additional fee, you may opt for priority service which can reduce the processing time to about 6 weeks. Or, in some locations, a super priority service is available, which aims to process the application within 24 hours.

Can I work or study in the UK on a spousal visa?

A UK spousal visa allows you to:

1. Work in any capacity
2. Study at any educational institution without additional permissions
3. In most cases, spouse visa holders can work and study freely, but they cannot claim public funds during their stay.

Can I include my children in my spousal visa application?

You can add dependent children to your spousal visa application if they are under 18 when you apply (or were under 18 when first granted leave) and they do not have an independent life.

Can I visit other countries while my spousal visa application is being processed?

When you apply for a UK spousal visa from outside the UK, including if you are applying after entry on a visit visa, you will have to attend a biometric appointment at a Visa Application Centre. As part of this process, your passport or travel documents will usually be taken for processing. Therefore, if your passport is with the Visa Application Centre, you will not be able to travel internationally until it is returned to you.

If you are in the UK, it is generally advised not to travel outside the UK while your application is being processed, as re-entry issues can depend on your visa route and the stage of your application, and you may face difficulties returning to the UK without your Biometric Residence Permit or with an outstanding application.

In some cases, leaving the UK while your application is pending can be considered as abandoning your application, which could lead to its refusal.

Can I get married in the UK on a spousal visa?

If you’re applying for a family visa as a fiancé, fiancée, or proposed civil partner, your visa will permit you to marry in the UK.

Get help with a spousal visa application from Legafit

At Legafit, our network of fully vetted, regulated specialist immigration solicitors offers comprehensive immigration services with your spousal visa application.

Your solicitor will provide tailored legal support based on your circumstances, helping you understand the specific requirements and steps involved in your spousal visa application.

They will explain the eligibility criteria, including financial requirements, relationship proof, and accommodation details, making sure you meet all necessary conditions in related immigration matters.

Ask about the solicitor’s experience with spouse visa cases like yours before you proceed.

Document preparation and review

Your solicitor can provide a detailed checklist of all required documents and review your documents as part of your spouse visa application to make sure they are complete, accurate, and meet the Home Office standards, reducing the risk of rejection due to errors or omissions, with ongoing support for document queries during preparation.

Application submission

Your solicitor can help you complete and submit your UK visa application, answering any questions you have and supporting you with any sections you might find challenging to keep the process as stress free as possible.

Post-decision support

If your application is refused, your solicitor can assist with filing a visa refusal appeal or administrative review, or advise on a judicial review where appropriate.

Alternatively, they can help with any further applications after a first spouse visa is granted, such as extensions or applications for Indefinite Leave to Remain; after 5 years on a Spouse Visa, you may be able to apply for ILR, and if eligible, ILR holders can apply for British citizenship immediately.

If your relationship breaks down after an extension, you must inform the Home Office if you divorce, and your leave may be curtailed, often to 60 days.

In some cases, you may switch to a different visa after divorce, and where domestic violence is involved there may be an earlier route to Indefinite Leave to Remain.

For personalised advice and expert assistance with your spousal visa application, contact our Legal Assessment Team today.

Our network of experienced immigration lawyers is here to help you with the process for affordable, transparent fixed fees.