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:

• Indefinite Leave to Remain ILR (If you have resided in the UK for five consecutive years)
• UK Skilled Worker Visa (upon fulfilling the eligibility)
• EU Settlement Scheme (If you have Retained Right of Residence)
  
  UK Family Visa:

• 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