How To Apply For A Spouse Visa
Here's another addition to the visa guidance due for an update.
As with the Fiance(e) Visa, there is an increased number of questions about Spouse Settlement visa, so here's my attempt at an update.
If anyone spots an error or has some improvement, please do add it.
This is going to end up being another long post, maybe with too much detail, but hey these settlement visa's do turn up a huge variety of questions, and trying to understand the UKBA website is not always so easy.
Maybe some difficult times and changes ahead for those who already tied the knot, but until then continue checking to check the UKBA website for any updates and changes that will surely happen.
IMPORTANT: If any of the links below do not work as they should, please let me know.
Applying for a visa for your spouse to join you in the UK can be a stressful time, even more so when you are far apart and the only thing you can focus on is being together again in the UK.
If you decided on the Spouse Visa (or civil partner) route to UK then hopefully what follows may help.
It's primarily aimed at applicants who will apply for the Spouse Visa from outside of the UK.
The Spouse Visa is granted to those applicants who have married a British citizen (or lawful permanent resident of the UK) abroad and who want to settle permanently in the UK. It is issued by a foreign Embassy where the applicant has a claim to normal residence or citizenship. The visa itself runs for 27 months and is probationary. During the probationary period, the applicant cannot seek access to public funds, and must not otherwise engage in activities that may damage evidence of good character.
For clarity, the British citizen is the "Sponsor". The sponsor's role is to provide supporting evidence only.
The non-British spouse is the "Applicant", and it is the "applicant" who must make the application and submit the required evidence.
Being granted a Spouse visa allows you entry to the UK for a period of 27 months. The UK Spouse Visa will be valid between the 'valid from' and 'valid until' dates. So you can enter UK anytime between those dates
The 'qualifying period' for application of Indefinite Leave to Remain (ILR) is 1 year and 48 weeks. If you leave your entry to UK too late to get this minimum period, you will have to extend your Spouse Visa at high cost, and then apply for ILR and pay again. Very expensive.
During this 'qualifying period' it is highly advisable to review the requirements for ILR as many documents will be needed to cover the 2 years of your probationary period here.
You should also use this time to study and prepare for the 'Life In UK test' and to make application for Indefinite Leave to Remain (ILR), which is permanent resident status and is an immigration status granted to a person who has no time limit on their stay in UK. It allows the same benefits as British Citizens, except Right of Abode and eligibility for a British Passport.
Although you will have gained settled status, this is only valid provided you do not leave UK for more than two years.
In certain cases, When indefinite leave is granted to persons outside the United Kingdom it is known as Indefinite Leave to Enter (ILE).
Holders of indefinite leave to remain may apply for British citizenship if they have held ILR status for twelve months or longer, are over 18 and have been living in the United Kingdom for the last five years (or three years if married to or a civil partner of a British citizen).
The holder of a UK Spouse Visa is allowed to work and have access to the NHS, but is not allowed to receive any public funds until ILR is granted.
The UKBA page specifically for Spouse's and Civil Partners is here
It's well worth taking a look and checking out the links provided.
By its very nature this guidance is generic. It may not apply to any given set of conditions. Additionally you may find the ECO interpretations of compliance do vary. Some consulates are more rigorous than others, and some applicant profiles invite more scrutiny than others. Accordingly, this guide should not be taken as authoritative.
Whenever posting documents to the Philippines use a secure delivery service such as DHL etc.
Yes it costs a bit, but it’ll cost a lot more in time and money if the normal postal service loses them whether they are signed for or not, as the Philippine postal service is not secure.
Finally, the UKBA recommend that you read their Information Guide.
They suggest it can "help you decide which documents may be useful in supporting the statements that you have made on your visa application form (VAF)."
Here's wishing all you newly wed applicants and sponsors sincere congratulations, best wishes for your future life together in UK, and good luck with your Visa Applications.
The key issues in the eligibility of a UK Spouse Visa are:-
Can we apply for a Spouse Visa?
In order to apply you must show that:-
- You are seeking leave to enter the United Kingdom as the spouse (or civil partner) of a person currently living and settled in the United Kingdom or returning to the UK with you to live there permanently.
- You are legally married to each other or have registered a civil partnership;
- You intend to live together permanently as husband and wife, or as civil partners.
- You have met each other.
- You meet our English language requirement.
- You can support yourselves and any dependants without help from public funds
- You have adequate accommodation where you and your dependants can live exclusively and without needing public funds.
How Do We Apply?
See the UKBA information at How do we apply for a UK Spouse Visa (in the Philippines)?
What documents are required?
You must send:-
- 2 recent passport photographs and your passport - see the Photographs and passport page
The applicant must present a valid passport with at least 6 months validity remaining.
- Your marriage or civil partnership certificate
- Evidence that you were both free to marry or enter your civil partnership, if either of you was previously married or in a civil partnership
Evidence would include Death Certificate of the deceased spouse/civil partner, evidence of divorce (eg divorce Decree Absolute), Annulment or Dissolution Certificate.
- Evidence that you have met
The most recent Tribunals have endorsed the view that states that 'to have met' meant something more than a mutual sighting. They also felt that a mere coming face-to-face followed by telephone or written contact would be insufficient to satisfy the rule, as would a family background together with such a face-to-face meeting.
In their view the essential test of whether the rule had been satisfied was whether the couple had had a face-to-face meeting which in itself had resulted in the making of mutual acquaintance.
Photo's of you both together as a couple, photo's of the wedding, e-mails, Chat logs and Text messages showing that you had met and married.
- Evidence of your English language ability - see the English language page
- Evidence that you can maintain yourselves and any dependants adequately without needing public funds - see the maintenance (funds) page
You and/or your partner must demonstrate that you and/or they can cover your living expenses in the UK for 27 months, if you are applying from outside the UK. This is called your 'probationary period'.
You will not have access to most public funds (such as state benefits) during your probationary period.
The Evidence of maintenance page describes the documents that you should submit to prove that you meet this requirement.
Please take a look at the Evidence of maintenance (funds) page which clearly indicates the type of documents needed.
There really isn't any actual amount stated in the 'immigration rules' that indicate just how much is considered as 'sufficient'. It's up to the sponsor and applicant to prove there is sufficient for them to maintain themselves.
Basically, the UKBA will be looking at the amount of money left after any regular non-discretionary expenditure (such as rent or mortgage payments, council tax and secured loans etc)
Everyone has have different non-discretionary expenditure.(eg payments of Child support would also be considered a key fixed/regular payment)
Various Immigration Tribunal's have concluded that it would not be appropriate to have immigrant families existing on resources that were less than the 'Income Support Level' for a British family of the same size. This is probably the best guide available.
In principle this means that if it is more likely than not that the total amount of money that the applicant and sponsor will have to live on will be below what the income support level would be for a British family of that size, then it may be appropriate to refuse the application on maintenance and accommodation grounds.
The 'Income Support' rates do vary each tax year - so make sure you know the current amounts. Key amounts for tax year 2011/2012 are £105.95 per week for a couple and £62.33 pounds per week for a dependent child.
In many ways it's a bit of a myth that you absolutely must show plenty of savings. Maintenance (sufficient funding) can be proven by reference to both savings and/or regular income. However, most of those who have gone though the Spouse Visa process would advise on having savings.
It clearly costs quite a bit to cover the costs of Visa Application, Air fares, and supporting someone in settlement in UK. It would be reasonable to expect something like £1000-£2000 in the form of savings.
Your bank statements will normally show your income and your outgoing expenditure. ECO's are not accountants but, if you are generally living within your means and can afford the cost of another adult consumer joining the household, this should be immediately obvious.
Only those people with a discretionary amount of money close or equal to the equivalent of means-tested benefit might feel the need to make a budget plan to signpost how they can afford another consuming person in the house.
Maintenance may be provided by either:-
The applicant with their own funds or with funds available to them
Or
The sponsor
Or
A combination of applicant and sponsor funds
Or
Third party support (from family members). The ECO may request evidence (for example, original bank statements over at least three months) of the third party's assets. Third party support is not precluded from consideration under the maintenance requirements relating to a spouse.
- Financial Standing
The application must be supported by evidence that proves the applicant will not require public funds. Generally this takes the form of the sponsor/applicant (or co-sponsor) providing:-
Bank Statements covering at least 3 months (preferably 6 months)
Salary slips for at least the previous 3 months.(preferably 6 months)
The sponsor's (co-sponsor's) employment contract (if the sponsor is not independently wealthy). A letter from the employer will suffice.
The sponsor's (co-sponsor's) most recent P60.
If the sponsor (co-sponsor) is self-employed, owns his own company, or if the sponsor (co-sponsor) is unemployed, then the employment contract and P60 can be substituted with certified copies of the previous 2 years' tax returns accompanied by a notarized version of his/her business accounts.
If the sponsor (co-sponsor) is retired, then a statement from his pension scheme will do.
If the financial standing is marginal, and if the applicant has plans to work in the UK, a job offer letter can be included to bolster the application's strength; and failing all other evidence, the applicant may attach a CV (or academic credentials) which demonstrate favorable employment prospects.
If there are disproportionate deposits and withdrawals in the bank statements, they must be explained in the sponsor's letter, in fact explain as much as you can about the transactions.
- Evidence of your accommodation
Accommodation - General Requirements
The Rules require that there must be adequate accommodation for a spouse or civil partner and any dependants.
The ECO will be looking for evidence that the accommodation complies with the following requirements:-
- It is (or will be) owned or legally occupied for the exclusive use of the couple.
- It is capable of accommodating the couple, and any children, without overcrowding as defined in the Housing Act 1985.
- The ECO should be satisfied that housing the couple in rented accommodation will not be in breach of any tenancy agreement as regards sub-letting.
- That no additional public funds will be necessary for accommodating the applicant in cases where the sponsor lives in accommodation from public funds.
Accommodation (Home Owners)
If the sponsor (or co-sponsor) owns his home, he should include a certified copy of the deed showing this, or other proof of ownership.
If the sponsor has a mortgage, the appropriate entry from the Land Registry should be provided,(this is available online for a fee), or a letter from the building society.The mortgage payments should appear in the bank statements.
Accommodation (Rented)
If the sponsor rents a flat or house, a copy of the tenancy agreement should be provided.
If the applicant is not a signatory to the tenancy agreement, then an additional statement from the landlord (or estate agent) should be provided confirming both the size of the property and agreement that an additional occupant may take up residence there.
If an existing tenancy agreement is to be used, it should have at least six months before expiry. If the tenancy agreement does not have at least six months before expiry, then an additional statement from the landlord/agent showing intent to renew at the same terms should be provided.
If the accommodation is owned by a local authority or council estate, a landlord's confirmation should also be obtained, but if this cannot be obtained a report from an independent surveyor which confirms the size and suitability of the premises can be submitted instead.
Accommodation (Shared with others and co-sponsors offering accommodation)
If the sponsor and the applicant are to live in accommodation with multiple occupants (Such Family/Friends/etc), the information shown for renters should be provided. Additionally, the applicant and sponsor need to show that they have exclusive access to a bedroom that will be occupied solely by them.
A bedroom may be a family room or study which has been converted for exclusive access (kitchens, bathrooms, and utility rooms do not qualify). Account is taken only of rooms with a floor area larger than 50 square feet(4.65 square meters).
Accommodation Overcrowding
There are statutory definitions of overcrowding in residential housing contained in the Housing Act 1985.
A house is considered to be overcrowded if 2 persons aged 10 years or more of opposite sexes, who are not living together as husband and wife, must sleep in the same room.
The Housing Act also details the maximum number of people allowed for a given number of rooms.
Number
of
Rooms................Permitted number of persons
1.......................................2
2.......................................3
3.......................................5
4.......................................7.5
5.......................................10
Each additional room in excess of 5 = An additional 2 people
A child under one does not count as a person.
A child aged 1-10 years counts as only half a person.
- What identification is needed from my sponsoring Husband?
The sponsor's identification usually takes the form of the sponsor's passport. If the passport itself cannot be presented, then a notarized copy of the portrait page should be made.
- Should my sponsoring Husband send a supporting cover letter?
Although not strictly necessary, yes, have your sponsor write a good letter to the Embassy supporting your application.
and outlining how and where you met, how long you have been together, how you have maintained contact, important events and meetings between yourselves, the date and location of your marriage and the date and location of your marriage and plans you have made for living in the UK (specifically, why you are opting to live in the UK).
You may also briefly outline how you will support yourselves.
Keep it simple and above all be honest about everything.
Finally, if there are exceptional circumstances about the application, anything complicated or unusual about your application or if the sponsor is seeking a concession, it should be thoroughly explained here.
- How long will it take to process my application?
Visa processing times in Phils
- Can my spouse come to the UK on a tourist visit visa and then apply for a spouse visa when in UK?
To be successful in obtaining a tourist visit visa the applicant must show that they intend to leave the UK at the end of their visit. Basically the applicant needs to demonstrate that they do not wish to become an immigrant. This is a difficult task, particularly when the applicant has a romantic relationship in UK. In many cases it is not the intention of the applicant as they want to stay in the UK with their partner.
If the applicant cannot very clearly demonstrate that they intend to leave the UK, the visa will be refused and you and your partner would have wasted time and money submitting an application.
Additionally, the ECO may well suspect that the spouse is attempting to frustrate the immigration rules and evade payment of a settlement visa.
- How much will it cost?
All the UKBA fees can be found on the Fees for our services page
The table showing all the fees is here
- My spouse has been refused a visa before, can they re-apply?
Having been previously refused a visa does not prevent you from making any further applications unless you have incurred a ban for UK entry.
Each application is reviewed on its own merits and on the supporting evidence supplied
- What happens if the application is refused?
If your application is refused, you will have a full right of appeal. When the UKBA refuse your application they we will also give you a letter fully detailing why the application has been refused and explaining how to appeal.
More detailed information can be found on the UKBA Appeals - visas and entry clearance page
- What if we have not met face-to-face for a long time?
If the applicant and sponsor have been separated for a lengthy period of time before the application is submitted (i.e., longer than 3 or 4 months), then evidence of 'intervening devotion' should be included. This would normally take the form of phone records or other forms of communication.
When submitting email, chats, IM logs, it is important to keep in mind that intervening devotion means "evidence of contact" and not a complete transcript of each and every chat. Examples are enough.
- If my spouse is in receipt of public funds. Can I still apply for a spouse visa?
There is no objection to the British citizen / settled sponsor receiving any public funds to which he / she is entitled in his / her own right.
If the sponsor is in receipt of public funds, it does not mean that they will be unable to support the applicant, although clearly a person who is heavily dependent on the state because they don't have sufficient means of their own will find it difficult to support another person for any length of time.
The important factor to consider is whether there will be a need for the sponsor to claim additional public funds to support the applicant if leave to enter is granted.
- Do I need a health check or Tuberculosis X-Ray when I arrive in the UK
The UKBA state that "Anyone aged over 11 resident in certain countries applying for a visa to come to the UK for longer than 6 months need to get a certificate confirming that they are free from infectious Tuberculosis (TB) before applying for a visa. A list of these countries along with information on TB testing can be found towards the bottom of this UKBA page
The Philippines is not on this listing.
- Can I 'switch' to a Spouse Visa if I am already in the UK?
You may be allowed to switch into the category of husband, wife or civil partner if:-
you are currently in the UK with permission as a fiance(e) or proposed civil partner, or as the husband, wife, civil partner or unmarried/same-sex partner of a Tier 1 migrant, and you are still with the same husband, wife or partner; or
you entered the UK in a different immigration category (for example, as a student), and you have been given permission to live here for a total of more than 6 months since your most recent admission to the UK. For example, you can switch if we gave you a 3-month visa and then permission to remain for 5 months, totalling 8 months. Your current permission must have been given in accordance with the Immigration Rules, not 'exceptionally' (outside the Immigration Rules).
You will not be allowed to switch if:-
you have entered or remained in the UK in breach of the immigration laws (for example, by overstaying your visa); or
your marriage or civil partnership took place after a decision was made to deport or remove you from the UK; or
you came to the UK as a visitor with permission to stay for 6 months - you must leave the UK and apply from your country of residence.
Supplementary advice/help for Maintenance and Accomodation is here.
This is internal guidance for use by entry clearance staff on the handling of settlement in the United Kingdom (UK) visa applications made outside the UK. It is a live document under constant review and is posted here soley addition information and background understanding only.
http://www.ukba.homeoffice.gov.uk/po...e/ecg/set/set3
