The Entry clearance spouse visa allows a married applicant to make an application in their country of residence for Entry clearance to enter and join their spouse in the UK. This visa is valid for 33 months and can lead to permanent residence and citizenship.

To qualify in the spouse visa category, the applicant must be married to the sponsor at the time of applying. Both the applicant and the sponsor must have been free to marry each other at the time that the marriage was conducted.

The sponsor must be present and settled in the U.K. So a person with indefinite leave to enter or remain, without any restriction on the period for which they remain in the UK is considered as “settled”

Being present in the U.K. means at the date of application, the sponsor is physically present in the UK.

However, some British citizens are habitual residents abroad, with their lives, employment, and home there. It may seem that applications will then fall for refusal because a sponsor may be abroad and returning to live with their spouse in the U.K.

Even when living abroad for many years, with employment and children in school, the UKVI can accept a sponsor as being present and settled in the U.K. if they intend to return permanently with their spouse, despite having been habitually resident outside of the U.K, where all other requirements have been met. This is because of the complex idea of “domicile of origin” which is based on the country that the sponsor in this case, has their more permanent life and family ties and is most often their country of birth.

The key is that they must intend to return and reside permanently in the U.K. with their spouse and meet all other requirements of the family migration rules. Whilst this presents a complexity, it is not something that cannot be navigated with sufficient skill and expertise.

Applying within the UK:

Spouse visas can also be applied for within the UK if the applicant already has temporary leave to remain in the UK in another category.

When an individual in the UK holds a UK visa for another category, (such as a work visa) upon marrying a British citizen or settled person in the UK they will be permitted to switch into the spouse category from their existing visa within the UK. Once it is approved, the Spouse visa is valid for 30 months and the applicant will be able to work and travel freely on the spouse visa, without remaining on the restrictions of the initial visa.

To meet the spouse visa requirements, the applicant must be seeking to enter the UK as a spouse, already married to a British citizen or settled person. If the applicant is based outside of the UK, and not in the UK in another category (with a visa over 6 months) and not a Fiance(e), then the applicant should apply for Entry Clearance as a spouse.

Where the applicant is already in the UK under another category, with a visa valid for over 6 months, switching categories may be allowed, which removes the need for an application to be made outside of the UK.

The couple must prove the validity of their marriage (where any foreign marriage is accepted in the U.K) through evidence that:

• They are 18 years old or more at the time of their marriage and application.

• The couple have met.

• The couple were free to marry at the time of their wedding ceremony.

So, previous marriages or deaths of former spouses should include evidence of a Decree absolute or a death certificate. Some countries will require a certificate or declaration of non-impediment to marry, which also shows evidence of acceptability.

• The marriage was conducted as acceptable and registered with the appropriate authorities in the location the marriage was formed. In the event that a “cultural /religious” marriage occurred, this must be registered officially to be accepted.

• Polygamous or Polyandrous marriages are not accepted in England and therefore, only the first marriage will be acceptable under the law of England and Wales.

• They are not in a prohibited marital relationship. This is a strict requirement that meets with the Matrimonial laws of England and Wales meaning that certain degrees of relatives cannot enter a marital relationship.

• The relationship must be genuine and subsisting.

Adequate accommodation, suitability, previous Immigration history, and finances are also considered and these areas can carry a mandatory refusal if they have not been adequately evidenced.

There are specific language requirements at each stage which are covered within our “Mandatory tests” page.

Genuine marriages are a factor that Entry clearance officers must establish. This is through reviewing the information stated in the application, and the supporting evidence provided.

Therefore, it is important that applicants and sponsors work together with their legal representatives or each other to ensure that they supply all the relevant evidence to prevent any delays in a decision, which can usually occur because of a lack of information, too much information, or failure to provide both mandatory and supplementary evidence which meet the Immigration rules and internal policy.

A lack of information results in a decision based on what was provided, and can result in regrets when a refusal decision states that applicants or sponsors have failed to evidence, although, in reality, it was something that could have been provided. Resulting in an incomplete application and a negative decision.

Too much information can result in legal areas being overlooked by couples, or everything but relevant evidence being provided, meaning that the process is drawn out and exceeds expected decision-making times. It also results in a decision being made on the best route forward and whether there are sufficient grounds for refusal.

The ECO is a decision maker within the UKVI who is responsible for making a decision to grant or reject a visa application based on the Immigration rules, specified evidence, suitability, additional areas, and Immigration casework policy.

Trusted third parties and official confirmation of the facts within the application, can also be utilized and checks with government departments within the UK such as HMRC, Land Registry, DWP, internal Home Office/UKVI information as well as any abroad, can be utilized in the decision-making process.

Additionally, employers, landlords, and other open-source searches. This information will be examined in great detail and result in a picture as to whether the couple's situation is as claimed in the application as well as the couple’s economic circumstances, and whether there is any substance to the relationship.

Through such a detailed examination of the evidence, statements, and the UKVI’s internal policy and Immigration legislation, the Entry Clearance officer with decide whether on the balance of probabilities the application is made for the sole purpose of obtaining a visa, or whether there is a genuine intention to remain as a couple in a genuine relationship, irrespective of visa outcomes.

All evidence that is submitted must then meet the above criteria, as well as any implied criteria which can be seen through a full review of the submitted documents.

If the application is successful, the applicant is free to travel to the UK, and upon collecting the BRP (Biometric Residence Permit), they can commence working and family within the UK.

The Spouse visa is a multiple entry visa, which allows the visa holder to travel outside of the UK until the date the visa expires.

The applicant must provide evidence of meeting the English Language requirements at the date of application. The certificate is valid for two years and so it can be used within the two-year period leading to the date of application.

The English language requirement can be met in 3 ways:

(1) Proving that the applicant is a national of an English-majority-speaking country. This can be evidenced through a government-issued passport from :

Antigua and Barbuda

Australia

the Bahamas

Barbados

Belize

the British overseas territories

Canada

Dominica

Grenada

Guyana

Jamaica

Malta

New Zealand

St Kitts and Nevis

St Lucia

St Vincent and the Grenadines

Trinidad and Tobago

USA

(2) Evidence of a degree taught or researched in English. If the degree held by the applicant is not from a UK-based University, a certificate from Ecctis (formerly UK NARIC) must be provided to prove that the degree meets the requirements for acceptance.

(3) An approved English language test: The applicant must take and pass the Secure English Language test achieving a minimum CEFR grade A1. The required approved language test covers speaking and listening skills. The test must also be taken at an approved center. The following providers are ones that can be used for applicants applying outside of the UK:

Pearson

PSI Services (UK) Ltd

IELTS SELT Consortium

Where any applicant is already in the UK, the approved SELT test providers are:

Pearson

Trinity College London

IELTS SELT Consortium

LanguageCert

The English language requirement is mandatory up to the point of attaining British Citizenship, and each extension in the spouse visa category requires a higher grade attainment, from A1, A2, and B1.

Please visit our English Language test page for more information on the requirements at each stage.

As qualified Immigration law consultants and legal representatives, we provide a unique and bespoke service for all client needs and are proud to be a tri-lingual firm in English, Spanish, and BSL.

We are experienced in dealing with both straightforward and low-risk applications, as well as cases that are considered more complex, including those with previous adverse immigration history.

We provide detailed and bespoke consultation services, and full representation, which includes a complete analysis of your situation and goals, detailing any potential issues we see which may cause a refusal, and we work with you as our clients to resolve these issues.

We assess your aspirations, and time-sensitive requirements, advising you on which of our legal services and packages we have available that will best suit your needs and Immigration journey.

We liaise with the UKVI on your behalf to ensure that we achieve the best results, providing client care from commencement to completion.

Contact us to arrange a consultation.

UKVI fees:

The UKVI costs for application processing and administrative fees are non-refundable and must be paid for at the time of application submission. Therefore, it is important to ensure that the relevant UKVI fees are secured in good time prior to submission.

The Spouse/ unmarried partner visa route is considered a route to settlement and as of 4 October 2023, the visa fee costs GBP £1,917, charged in USD at around USD $2422.00

Priority Service options:

Some countries have Visa Application Centres which offer an expedited service, enabling an application to be considered sooner rather than within the standard waiting times, allowing customers to obtain a decision on the application within 15-30 working days, depending on the recent processing time-frames.

The Priority service fee costs GBP £573.00 if it is available in the country of application.

Value added services

Consular services for the UKVI are managed by VFS Global and TLS Contact, who provide administrative services like scanning documents, capturing and recording biometrics, and uploading these to the UKVI for the core decision-makers.

Where available, customers can opt to have their documents scanned at the Visa Application Centre (VAC) by TLS contact or VFS Global, instead of uploading documents themselves. This can cost anything from GBP £40.00- GBP £70.00.

The value-added services include passport retention, allowing the applicant to keep their passports whilst the application is being considered, and even application updates by text.