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Spouse Visa – The Basics

by Aneka Shoukat

Applying for a spouse visa can be a daunting and stressful time. Everyone will tell you what to do, what documents you need and don’t need. The most important thing to remember is that each case is different and each spouse visa application is different. One of the first things we always ask our clients is whether their spouse has completed the English test. The test your spouse has to take is CEFR A1. However, there are exceptions to this requirement which may apply to your case.

Your spouse will need to have a tuberculosis (TB) test if they are resident in any of the Home Office listed countries as they are coming to the UK for more than 6 months. If the test shows that your spouse doesn’t have TB, they’ll be given a certificate which is valid for 6 months.

The “Genuine and Subsisting Relationship” requirement may seem simple but some applicants are refused as they have not shown they are in a genuine and subsisting relationship, even if they are. There are many ways to show a genuine and subsisting relationship. The Home office decisions on whether a relationship is genuine and subsisting are to be considered as a whole, based on all the available evidence, on a case-by-case basis taking into account of all the circumstances of the application. We will advise you what you will need to strengthen your application.

The financial requirement you will need to meet will vary. If you are applying with no child dependents under 18 you will need to have an income before tax of at least £18,600 a year. You’ll need to earn an extra £3,800 for your first child and an extra £2,400 for each child thereafter

You can also meet the financial requirement through a combination of income from employment or self-employment, a pension, maternity, paternity, adoption or sick pay, other income such as from rent or shares or cash savings. There are also exceptions to meeting the financial requirement if you receive benefits. In exceptional circumstances third party financial assistance can be taken into account. Our advice will always be tailored to your needs and circumstances

You must also have suitable accommodation for you, your spouse and any dependants.

These are the main requirements, however there are other documents which will be needed for the application and these all depend on individual cases. We would always recommend you use a legal professional as our advice is tailored to your circumstances and we will ensure your application is as strong as it can be. No two spouses are the same and no two spouse visa applications are the same. The home office application fees are non-refundable even if your application is rejected therefore it is important to get it right the first time. We have a 100% success rate for our spouse visa applications.

Aneka Shoukat
Shire Solicitors
01274 727 373


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