Its easier to show they need access to public funds if theyll be living with their child. For example, if you get a single person discount at the moment it will usually stop when your partner starts living with you. Under the current immigration rules, there is no limit on the length of any absence if you hold a partner and spouse visa. taking an approved English language test and passing it with at least a CEFR level A1 in speaking and listening. The caseworker considers your income and housing costs. Only the sources listed below will be considered: Exemptions from meeting the financial requirement are available where a sponsor is receiving income from any of the following sources: This means that sponsors will not need to show they earn 18,600 (or more). The 5 years doesnt include any time when they were in the UK on the 6-month visa as a fianc(e) or proposed civil partner. You can top up your income with any savings you and your partner have over 16,000 - you must have had them for at least 6 months. When you work out your total income, you might be able to include other benefits you get - for example some parts of Universal Credit. level A2 when they apply to extend their partner visa, level B1 when they apply to live in the UK permanently - this is called indefinite leave. If you and your partner want to get married or register a civil partnership in the UK but you dont plan to live here, they can come to the UK on a different kind of visa called a marriage visitor visa. The extension will be for 2 years and 6 months. The application process for a UK partner and spouse visa is completed online (on the Home Office website). When youre working out your housing costs, dont include any part of the costs that will be covered by Council Tax Reduction, Housing Benefit or the housing element of Universal Credit. The childs right to private life and family life might also be affected if theyve lived in the UK for at least 7 years and it would be difficult for them to adapt to living somewhere else. If your partner is already in the UK, you can add their income to yours. Erika earns 20,000 per year - her income is below the financial requirement. This will ensure you receive a decision on the next working day in most cases. How Long Does it Take to Get a UK Spouse Visa? If you were previously in a marriage or civil partnership with someone else, it must have legally ended. I would definitely recommend Joe D. and Anna F. Anna is an amazing lady, her patience is beyond my words. This advice applies to England. Learn more about our privacy policy. during the probationary period before they can apply to live here permanently) you should notify the UKBA by writing to: Evidence and Enquiry Unit When your partner applies for a partner visa, they can also apply for their children aged under 18 to get child visas at the same time. 40 Wellesley Road Our team will ensure that all evidence necessary for your application is provided to UKVI and any errors or omissions are corrected. Applicants must meet a set of eligibility criteria as outlined in detail below. There are several grounds on which an application for a spouse/partner visa may be refused, including if: For more information on spouse visa refusal, please see our article: spouse visa refusal common reasons and appeal process. You are a national of a country outside the European Economic Area and Switzerland; and, You are in a relationship with a British citizen or a person settled in the UK; and. Henrik gets PIP. If youve experienced a loss of income because of coronavirus (COVID-19), for example if youve been furloughed or youre self employed, you might still be able to apply. This is the first part of your application towards obtaining a UK visa. Henriks rent is entirely covered by the housing element of Universal Credit. You will be permitted to apply for a UK spouse visa extension, 28 days before the expiration of your current UK visa. Youll need to check the rules for your visa. To qualify for the UK Spouse visa, the UK resident, and the applicant that wants to join them in the UK, both must fulfill some criteria set by the Immigration Authorities in the UK. find an approved English language test provider on GOV.UK, Check what benefits they can get while they have a no public funds condition, apply to extend their visa and their childrens visas before they end, Check how your partner and children can apply for family visas, Bringing family members from Ukraine to the UK, Check if your adult family member can get a visa to join you in the UK, Check if you can stay in the UK as the parent of a child who lives here, Check if you can get a permanent right to live in the UK if you have a family visa, Check if your child can get a permanent right to live in the UK, Check how to apply for family visas or indefinite leave. You must show you have a certain amount of income or savings. The application steps are as follows: Super Priority Service (to receive a decision on the following working day). Your partner can apply to extend their visa and their childrens visas before they end. document.write(new Date().getFullYear()); For example: check the rules if youve got a skilled worker visa on GOV.UK, check the rules if youve got a student visa on GOV.UK. Handling the case with constant correspondence over a lengthy, lockdown delayed 7-month application process. If your partner got a 6-month visa as a fianc(e) or proposed civil partner, they need to apply after your wedding or civil partnership ceremony. Your partner will have to show that where you live is safe, suitable and large enough for the number of people you want to live there with you. We use cookies to improve your experience of our website. Your partner doesnt need to take a test if one of the following applies: theyre a citizen of a country thats exempt because English is an official or majority language there - for example Jamaica or the USA, they have a university degree that was taught or researched in English. If youre a refugee or have humanitarian protection, this also lets you sponsor your partner and their children. Your partner can usually apply: to extend both types of visa before they end, for them and their children to stay in the country permanently after theyve had a partner visa for 5 years. You can apply for an extension for an additional 30 months which can take your total time in the UK on this visa up to five years. Processing times vary depending on the country where the application is made. I found Joe very helpful and tremendous patience which is a must in this professional as there are lots of emotions always involved in each and every case. The child visas will last until the end of the partner visa. Henriks weekly earnings after tax are 180. You can prove your knowledge of the English language by: Exempt from English knowledge requirement are the residents of the countries listed below: And also applicants that belong to one of the categories listed below: You will need to apply online if you are applying from outside of the UK. Authorised and regulated by the Solicitors Regulation Authority, how to apply for ILR as a spouse visa holder, spouse visa refusal common reasons and appeal process, Family Visas: apply as a partner or spouse, Is a British or Irish citizen (either by birth or naturalisation), Has settled in the UK and has Indefinite Leave to Remain (ILR), permanent residence, or EU Settled Status, Has a Turkish Businessperson visa or Turkish Worker visa, Ability to financially support yourselves. News stories, speeches, letters and notices, Reports, analysis and official statistics, Data, Freedom of Information releases and corporate reports. If you were born in Northern Ireland, check how your partner should apply to the EU Settlement Scheme on GOV.UK. This is the most important part of your application, that many fail to fulfill, therefore have their visas rejected. If you arent a childs other parent, your partner can only apply for a child visa if they have sole responsibility for them. Your partner and their children cant usually apply for family visas. Partner and child visas are types of family visa. The UKBA will decide whether to cancel your former partner's permission to stay in the UK. Traditional marriages that are not registered are not legally recognized, therefore these relationships must be registered at Home Affairs. Croydon 6,500 divided by 130 is 50. If your partner has children aged under 18, your partner can usually also apply for them to get child visas. If you need help working out if you can pass the adequate maintenance test, talk to an adviser. This means theyll be allowed to claim benefits and apply for council housing. Check the guidance in appendix FM 1.7: financial requirement if: The detailed guidance also explains the evidence you need to provide for each of the types of income youre relying on. Erika has 18,000 in savings, which shes had for the last 6 months. Check the guidance in appendix FM 1.7: financial requirement for more information. You can sponsor your partner and their children if you have one of the following: Irish citizenship - you must be living or have lived in the UK, settled status from the EU Settlement Scheme, pre-settled status from the EU Settlement Scheme - you must have come to the UK by 31 December 2020. There are exceptional circumstances if not getting family visas would cause unjustifiably harsh consequences for you, your partner or a child under 18 years old. You must satisfy the English language requirements. She is the right person for all type of cases. The exceptions depend on whether theyre living inside or outside the UK when they apply. If granted, a partner and spouse visa is initially granted for up to 2 years and 9 months (this is 6 months if you are applying as a fianc, fiance or proposed civil partner). earn an extra 2,400 for each child you have after your first child. You are in a civil partnership or marriage that is legally recognised in the UK, or; Have been living together in a relationship for at least 2 years, or; Plan to get married or enter into a civil partnership in the UK within 6 months of arriving in the UK. 30 minus 10 is 20. When your partner has been in the country on a partner visa for 5 years, they can usually apply to stay in the UK permanently. How fast the processing of your visa will depend on what country you are applying from. This is added to his income. It is important to note, however, that in the event of a partner qualifying for exemption in line with the above, the applicant will still need to show that they have enough funds to maintain themselves in the UK, as well as having adequate accommodation (while having no recourse to public funds). If your total income is high enough, youll pass the adequate maintenance test. Tuberculosis test results if from a country where you have to take the test, Check your eligibility for a partner and spouse visa, Prepare the documents you will need to prove your eligibility, Upload any documents required to support your application, Arrange a biometric appointment to have your fingerprints and photo taken, Have lived in the UK for 5 years on a family visa as a partner, Have lived with your partner since you last renewed your visa, Be in a genuine and subsisting relationship with your partner, Intend to continue your relationship after you apply for ILR, Meet the English language and Life in the UK requirements, Continue to meet the financial requirements, The Secretary of State determines that the exclusion of an applicant from the UK is conducive to the public good, The applicant is subject to a deportation order as of the date of application, The exclusion of the applicant from the UK has been deemed conducive to the public good as a result of the applicants conduct, character, or association, Without a reasonable excuse, the applicant failed to show up for a compulsory interview, provide specified information, undergo a medical examination, or report when required to do so.