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UK Spouse Visa Restrictions: Financial requirements & Process

UK Spouse Visa Restrictions: Financial requirements & Process

UK Spouse Visa Restrictions 

The UK Spouse Visa is for the spouses of foreign nationals settled in the UK as citizens or settled persons (UK ILR or EU settlement status). You can apply for the UK Spouse visa to live with your partner in the UK. The minimum age to apply for the UK Spouse Visa is above 18. The UK Spouse Visa offers a pathway to ILR or UK settlement after 5 years. The UK Spouse Visa comes with certain restrictions and requirements, including a Genuine Relationship Test, financial requirements, and English language requirements, amongst other factors. To apply for a UK Spouse visa, the UK sponsors must demonstrate an income of £29,000 per year.

 

What is the UK Spouse Visa?

The UK Spouse Visa allows foreign nationals to come and live in the UK with their spouse, provided the spouse is a British citizen or a settled resident. The visa is valid for two years and can be extended for an additional 2.5 years. The UK spouse visa holder can also qualify for an Indefinite Leave to Remain (ILR) after living in the UK for five years.

Benefits of the UK Spouse Visa

Some of the benefits of applying for a UK Spouse Visa are as follows:

  • Live in the UK with your spouse/partner for up to 2 years
  • Avail UK’S NHS services
  • Extend your UK spouse visa for 2.5 after expiry
  • Get maternity allowances and statutory sick pay (If your partner is currently working in the UK)
  • Travel overseas to other countries from the UK

 

*Want to apply for a UK Spouse visa? Get in touch with experts at Y-Axis for end-to-end assistance.

 

English Language Proficiency for the UK Spouse Visa

You must submit proof of English language requirements to qualify for a UK Spouse Visa. To qualify, you must clear at least level A1 on the CEFR (Common European Framework of Reference for Languages) and level A2 if you plan on applying for further leave to remain in the UK.

You can be exempt from the English language requirement for the UK spouse visa if you:

  • Belong to an English-speaking country
  • Are below 18 years of age or above 65 years of age
  • Having a long-term mental or physical condition or disability
  • Have a valid degree that is approved by the UK NARIC

 

Accommodation Criteria for the UK Spouse Visa

To apply for a UK Spouse visa, you must submit proof of accommodation in the UK that aligns with the UK’s standards of living. The UK spouse sponsoring you through the Spouse visa pathway must submit evidence that they have adequate accommodation for themselves and the applicant to live in the UK.

As proof of accommodation, you will be required to submit:

  • A detailed description of the property that you and your spouse want to live in the UK
  • Evidence that you have sufficient rooms to shelter everyone 
  • Proof that you can afford to pay for the accommodation of your spouse

 

What are the requirements for the UK Spouse Visa Accommodation?

To fulfill the UK Spouse Visa accommodation requirements, you must show that your property can accommodate you and your spouse. However, some of the accommodation guidelines that should be followed while applying for a UK Spouse visa are as follows:

  • Couples can occupy or share a single-bedroom
  • The number of living rooms can be included in the bedroom count
  • Infants do not require their bedroom
  • Children between the ages of 1-9 can be considered as half a person

 

The table below shows the total number of rooms and the number of people allowed to accommodate them as per the accommodation requirements.

Number of Rooms

Maximum number of people

1

2

2

3

3

5

4

7.5

5

10

6

12

7

14

 

Standards for living space and public health compliance

The accommodation or property you would be staying in must comply with the public health regulations in the UK. As proof that you meet the guidelines, you must submit a housing report or a signed letter from the local authorities. Factors such as a missing gas safety certificate or lack of energy efficiency can make the property unfit.

Duration and Extension Limitations

With a UK Spouse Visa, you will initially be allowed to reside in the country for up to 33 months. You can also apply for an extension, a Leave to remain in the UK on a Spouse visa, for an additional 30 months. However, you must apply for a visa extension before your initial visa grant expires. You may also qualify for an indefinite leave to Remain (ILR) through the UK Spouse visa pathway after residing in the UK for 5 years.

 

Requirements to apply for a UK Spouse Visa extension

To extend your UK Spouse visa, you must fulfill the below requirements:

  • Proof of genuine relationship with your sponsored spouse
  • Evidence that you are still residing with them in the UK and plan to do so in the future 
  • Fulfilling the minimum income requirements of at least £18,600 per annum.
  • A2 Level proficiency in English
  • Fulfilling the funds worth £3,800 per annum for the first child and £2,400 for each additional child.
  • Must not have violated any immigration rules or regulations

 

Steps to Apply for a UK Spouse Visa Extension

You can follow the below steps to apply for the UK spouse visa extension:

Step 1: Arrange the required documents

Step 2: Complete the visa fee payment

Step 3: Fill out the application form

Step 4: Submit your application for the visa extension

Step 5: Wait for the visa renewal process to be completed.

The processing time for the UK Spouse visa extension takes around 8 weeks to 12 months, depending on the application and the documents submitted.

 

Processing Time for UK Spouse Visa Applications

The processing time for a UK Spouse visa takes around 8-12 weeks. The processing time may vary depending on where you are applying and the application submitted. It takes around 8 weeks to process a UK spouse visa if submitted from inside the UK and 12 weeks if the application is submitted outside the UK.

Application type

Processing Time

Applications submitted from inside the UK

Up to 8 weeks

Applications submitted from outside the UK

Up to 12 weeks

Priority applications

5 days

Super priority applications

1 day

 

Factors Influencing Processing Duration

Certain factors may affect the processing time of your UK Spouse visa application.  Some of the major factors that may influence the processing time of your visa application include:

  • Completeness and correctness of the submitted application
  • The total volume of UK spouse visa applications
  • Additional documentation requirements and other verifications

 

Priority and Fast-Track Services for UK Spouse Visa

You can also fast-track or opt for expedited UK Spouse visa processing. The UK offers two different options for fast-track visa processing:

  • Priority visa service
  • Super priority visa service 

 

The table below has the type of processing, the required processing fee, and the time taken to process the UK Spouse visa:

Application type

Processing Fee

Processing Time

Priority applications

£500

5 days

Super priority applications

£1,000

1 day

 

Who is ineligible for the Priority processing of UK Spouse Visa?

While UK Spouse visa applicants can apply for priority processing, the applicants listed below cannot opt for the priority visa processing services:

  • Those with a refused or rejected UK visa
  • Those who have overstayed or exceeded their stay in the UK 
  • Those who were asked to leave or deported
  • Those who were denied entry to the UK or were not granted leave to remain
  • Leave to remain was decreased by the UK Home Office
  • Those with a rejected visa in New Zealand, Schengen countries, Canada, the USA, or Canada

Implications of Marriage Breakdown on UK Spouse Visa

The UK Spouse visa is specifically for foreign nationals whose spouses are citizens of the UK or have settled persons. The UK spouse visa allows you to live in the UK with your spouse for up to 30 months, after which it can be extended for 30 more months upon fulfilling the eligibility. If you are living in the UK with a UK Spouse visa and are separated or seeking divorce with your sponsored spouse, you may no longer be allowed to continue your residence in the UK. Post the separation or divorce, you may be conditional to a Spouse Visa curtailment, which will reduce your visa duration. The UK Home Office will grant you a maximum of 60 days to exit the country or arrange other alternatives. You may consider other eligible options or pathways if you wish to consider residing in the UK.  

Obligation to Notify the Home Office

Once you have separated or are going through a marriage breakdown, you must inform the UK Home Office.  

You can send an official email to the Home Office, including the below details:

  • Name
  • Date of birth (DOB)
  • Address
  • Passport number
  • Reference number of the Home Office

If you and your ex-partner have children together, you will also be required to submit:

  • The names of your children, along with their Date of birth
  • Names of the guardians or parents that the children live with
  • The total amount of time the children spend with you and your ex-partner
  • The total amount of financial assistance or maintenance that you provide   
  • Any family court issues or cases that have your involvement in it  

Along with the above-listed requirements, you will be required to attach:

  • A public statement (If you do not want the Home Office to disclose any details from your email to your ex-partner)
  • A consent form (If you are okay with the Home Office disclosing details from your email to your ex-partner)

How to notify the Home office and what are the consequences of non-compliance?

You must write an email to the Home Office to notify them about the separation. The email must have “MARRIAGE BREAKDOWN” as the subject line. It is advised that UK spouse visa holders look for other options to legally reside in the UK or return to their native country after the visa curtailment is imposed. Overstaying or violating the immigration rules may negatively affect your future immigration or visa applications.

Visa Curtailment Following Separation

The next step after informing the UK Home Office about the marriage breakdown is curtailing your visa. Visa curtailment following the separation grants you up to 60 days to leave the country or look for other alternate options. If your UK spouse visa is nearing its expiry date, then the curtailment will not be imposed, and under certain exceptions, the curtailment may either be reduced or extended based on the situation, such as domestic violence, etc.

Options Post-Marriage Breakdown

You can apply for a visa through any of the below-listed UK visa routes to continue your stay in the UK:

  • Parent visa:  If you have a child who is either British or with settled status and has been living in the UK for a minimum of 7 years
  • Private life: If you are 18-24 years of age and have lived in the UK for more than half your life (or)
  • If you are above 25 years of age and have resided in the UK for a minimum of 20 years
How can Y-Axis help you?

Y-Axis, one of the leading immigration and visa consultants in the UK, offers dedicated and customized visa solutions that meet your requirements. Our team of visa experts will guide you through the complete UK Spouse visa application process, giving you a hassle-free experience.

Sign up with Y-Axis to avail the following services:

  • Assistance with the documentation process
  • Filling out the visa application form and uploading the documents. 
  • Guidance with the complete visa processing of the UK Spouse Visa application 
  • Dedicated experts to give you timely follow-ups and updates on your visa application

Posted on January 29 2025

Read More

How long can I stay outside with UK ILR?

How long can I stay outside with UK ILR?

How long can I stay outside with UK ILR?

You can stay outside the UK for 2 years with the UK ILR or Indefinite Leave to Remain. Staying beyond the 2 years allowance risks your permanent residency in the UK. Only British citizens can live outside the UK indefinitely.

In case your UK ILR lapses, you can apply for the UK Returning Resident Visa to restore your permanent residency status in the UK.

Also Read…

What is UK ILR vs. British Citizenship?
 

What is a Returning Resident visa?

The UK Returning Resident visa allows you to re-enter the UK if you have stayed outside the country for more than two years. You are required to provide proof of having strong ties to the UK and an intention to settle permanently in the country.
 

Requirements for Returning Resident Visa

You are required to submit the following documents to apply for the UK Returning Resident Visa.

  • Previous passport with the UK ILR stamp
  • Current passport
  • Proof of ties to the UK
  • Proof of intention to resettle in the UK
  • Proof of adequate funds to sponsor your stay in the UK. 

*Looking for guidance related to UK ILR? Sign up with Y-Axis for complete assistance.
 

How to Apply for the UK Returning Resident Visa?

The step-by-step procedure to apply for the UK Returning Resident Visa is given below.

Step 1: Check your eligibility for the UK Returning Resident Visa.

Step 2: Arrange the required documents for the visa.

Step 3: Pay the required fee and submit your duly filled visa application

Step 4: Wait for the decision on your visa application

Step 5: Travel to the UK

*Are you looking for guidance related to UK ILR? Contact Y-Axis, the leading overseas immigration consultancy in the UK, for end-to-end support.

Posted on December 27 2024

Read More

What is UK ILR vs. US Green Card?

What is UK ILR vs. US Green Card?

What is UK ILR vs. US Green Card?

The UK Indefinite Leave to Remain or ILR and US Green Card authorizes permanent residency to foreign nationals in the UK and the U.S., respectively. You can apply for permanent residency in the UK after residing and working for 5 years in the UK. The US Green Card can be applied after working and living in the US for 5 years.  

The US Green Card or the UK ILR offers various benefits, such as free education, access to multiple job opportunities, free universal healthcare, and other social benefits.

As a permanent resident, you can apply for citizenship after fulfilling the residency requirement. You can apply for British citizenship after 1 year of having UK ILR, whereas for the US Green Card, you must stay in the US for at least 5 years.

*Want to know more about overseas immigration? Sign up with Y-Axis for complete guidance.

UK ILR vs. US Green Card

The differences between the UK ILR and the US Green Card are given in the table below.

Features

UK ILR

US Green Card

 

Eligibility Criteria

• Have resided in the UK for the required residency period (Depending on the type of UK visa)

• Have a good character

• Qualify the Life in the UK test

• Have the required English language proficiency of a minimum of Level B1

  • At least five years of residency in the US, or three years if married to a U.S. citizen
  • Good character certificate and health certificate
  • Knowledge of US history.
  • Proficiency in the English language
  • Residency in the specific US location for a minimum of three months before applying.

 

 

 
 
 
 
 

Pathways

• Skilled Worker visa

• International Sportsperson visa

Global Talent visa

• Innovator visa

• Tier 1 (Entrepreneur) visa

• Representative of an overseas business visa

• UK Spouse visa

• Health and Care Worker visa

Green Card through:

  • Family
  • Employment
  • Special Immigrant
  • Registry
  • Other Categories

 

 

 
 
 
 
 
 
 
 
 
 
 
 

Sponsorship Option for Spouses and Dependents

Spouses and children  below 18 years can be sponsored for UK ILR

Spouses and children below 21 years of age can be sponsored for the US Green Card

 

Residency Requirements

UK ILR applicants are required to stay in the UK for 5 years

Green Card applicants are required to remain in the U.S. for a minimum of 6 months in every 12 months

 

Applying for Citizenship

UK ILR holders can apply for British citizenship after 12 months

U.S. Green Card holders can apply for citizenship after at least 5 years of stay in the U.S.

 

Work Permit for Spouses

Spouses can apply for work permits in the UK

Spouses can lawfully work in the U.S.

 

Sponsorship Option for Other Family Members

UK ILR holders can sponsor an adult dependent relative on a family visa.

 

 

Benefits

• Avail of numerous work opportunities in the UK

• Access to public services in the UK

• Travel freely in and out of the UK

• Sponsor skilled workers

• Study in the UK

• Establish a business in the UK

• Work in any private sector

• Avail of public education

• Protected under U.S. law

• Candidates can apply for citizenship after 5 years of obtaining a US Green car

 
 
 
 

Processing Fee

The processing fee for UK ILR is £2,885

  • Family based US Green Card applications ranges from  $2,000 to $3,000
  • Employment based US Green Card applications ranges from $2,000 to $5,000
 

Processing Time

The processing time for UK ILR is 6 months

The processing time for US Green Card varies from 10 months to 3 years.

 

Validity

The UK ILR is valid for life

The validity of US Green Card is 10 years

 

 

* Are you looking for guidance with the UK ILR process? Contact Y-Axis, the leading overseas immigration consultancy in UK for end-to-end assistance!

Posted on December 27 2024

Read More

Do I get UK ILR in 8 years?

Do I get UK ILR in 8 years?

Do I get UK ILR in 8 years?

No, you cannot get UK ILR or Indefinite Leave to Remain after just 8 years of residing in the UK. You can apply for UK ILR after 5 years of living in the UK on a work visa or after 10 years of residence in the UK, also known as the "long residence" route. The UK ILR grants you permanent residency in the UK. You can legally live and work in the UK indefinitely with a UK ILR and even qualify for British citizenship after 12 months of being a valid UK ILR holder.
 

*Want to apply for an Indefinite Leave to Remain in the UK? Let Y-Axis guide you with the process.  
 

Eligibility for UK Indefinite Leave to Remain

The eligibility criteria for UK Indefinite Leave to Remain are given below:

  • Have fulfilled the required residency period (Depending on the type of UK visa)
  • Qualify in the English language proficiency tests
  • Qualify the Life in the UK test
  • Have a good character
     

Requirements for UK ILR

To apply for a UK ILR, you must fulfill the following requirements:

  • Proof of English language proficiency test of at least B1 level
  • Qualify in the Life in the UK test
  • Fulfill the residency requirement as per your UK visa
  • Must not have resided outside the UK for more than 180 days in a 12-month time frame
  • Fulfill the character requirement
     

Procedure to Apply for UK ILR

The step-by-step procedure to apply for UK ILR is given below.

Step 1: Assess your eligibility for the UK ILR

Step 2: Arrange the required documents.

Step 3: Pay the required fees along with the biometric submission.

Step 4: Submit the duly filled application form for UK ILR

Step 5: Wait for the decision on your UK ILR application
 

*Are you looking for assistance with UK ILR application process? Sign up with Y-Axis, the leading overseas immigration consultancy in the UK, for end-to-end support.

Posted on December 17 2024

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Is UK ILR available for Canadian citizens?

Is UK ILR available for Canadian citizens?

Is UK ILR available for Canadian citizens?

Yes, UK ILR is available for Canadian citizens. The UK ILR or Indefinite Leave to Remain grants permanent residency in the country. You can apply for UK ILR after staying in the UK for a continuous period of 5 years along with fulfilling other requirements such as language proficiency and qualifying for the Life in the UK Test. The UK ILR authorizes you to live and work in the UK without any restrictions. After obtaining permanent residency in the UK through ILR, you can apply for British citizenship after 12 months. The processing time of UK ILR is 6 months, while the processing fee costs around £2900.

*Want to apply for an Indefinite Leave to Remain in the UK? Let Y-Axis guide you with the process.  

 

UK ILR Requirements for Canadian Citizens

Canadian citizens must fulfill the below eligibility requirements to apply for an ILR in the UK:

  • Have a valid UK visa
  • Fulfill the minimum residency requirements
  • Fulfill the English language proficiency tests
  • Have a valid passport
  • Evidence of any leaves of absence from the UK during the residency period
  • Qualify for the Life in the UK Test

 

UK ILR Application Process for Canadians

The procedure to apply for UK ILR is given below:

Step 1: Determine your eligibility

Step 2: Arrange the required documents such as:

  • Canadian passport
  • Employment pay slips
  • Proof of proficiency in the English language
  • Valid visa
  • Clear criminal record

Step 3: Complete the application fee payment.

Step 4: Submit your ILR application form

Step 5: Wait for a decision on your visa application.

 

UK ILR Visa Routes for Canadians

You can apply for UK ILR if you have any of the UK visas given below: 

  • Skilled Worker visa
  • International Sportsperson visa
  • Global Talent visa
  • Innovator visa
  • Spouse visa
  • Parent visa
  • Child visa
  • Adult dependent relative visa
  • Tier 5 (Youth Mobility Scheme) visa
  • Ancestry visa

*Are you looking for assistance with UK ILR application process? Sign up with Y-Axis, the leading overseas immigration consultancy in the UK, for end-to-end support.

Posted on December 09 2024

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UK Spouse Visa Restrictions: Financial requirements & Process

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