One can apply for a UK Spouse Visa if they are above 18 years of age and married to a British citizen or to a holder of an Indefinite Leave to Remain (ILR). The immigration rules require both the sponsor and applicant to meet certain requirements.
The applicant must be a non-EU/EEA national who is married to a British citizen or a person settled in the UK. The sponsor is a British citizen or settled person who wants to bring their non-EU/EEA spouse to the UK.
The sponsor can be either:
- a British citizen or
- a settled person in the UK (they must have the ‘Indefinite Leave to Remain’ or proof of permanent residence) or
- a holder of refugee status or under humanitarian protection in the UK
Note: UK spouse visa rules provide that if the applicant is in the UK with permission to work then their income can also be considered to meet the requirement. Savings held by the applicant can also be considered.
UK Spouse Visa requirements further entail that the sponsor:
- eet the gross annual income threshold of at least £18,600 or alternatively provide evidence for savings of £62,500.
- provide adequate accommodation in accordance with the UK housing space standards.
Note: UK Spouse Visa rules provide that if the applicant is in the UK with permission to work then their income can also be considered to meet the total income requirement. Savings held by the applicant can also be considered.
UK Spouse Visa requirements state that the applicant must:
- meet the English language requirement;
- have taken a TB test (if they are from a country on the Home Office’s list of prescribed countries);
- not have any adverse immigration history (overstaying, breaching conditions, illegal entrant, using deception in an application)
- not fall under the mandatory general grounds of refusal.
Both applicant and sponsor are required to prove that they:
- Are in a genuine and subsisting relationship; OR
- have been living together in a relationship for at least 2 years at the time of application.