Spouse / Partner VIsa

If you wish to apply for a visa in this category then our team at Hunter Stone Law will be able to guide and assist you throughout every step of the process. In order to qualify for this visa you would have to meet the requirement of the relevant section of the Immigration Rules. However we have attempted to simplify the requirements below.

You’ll need a ‘family of a settled person’ visa if you’re from outside the European Economic Area (EEA) or Switzerland and you want to join, for 6 months or more, a partner or family member who’s living in the UK permanently.

Your family member can:

• be a British citizen
• have settled in the UK
• have asylum or humanitarian protection in the UK

If you meet the eligibility requirements, you can apply to:

Join your partner (spouse, fiancé(e), civil or unmarried partner)

You may need to apply in a different way if:

• your partner is from the EEA
• you’re inside the UK
• you want to reunite with a partner or parent who has asylum or humanitarian protection in the UK

Eligibility

To apply for a ‘family of a settled person’ visa, you must be from outside the European Economic Area (EEA) or Switzerland.

Your partner or family member must have one of the following:

• British citizenship
• settlement in the UK
• asylum or humanitarian protection in the UK

You must also prove that:

• you’re 18 or over,
• You must prove that you and your partner are 18 or over and in a genuine relationship.

You must be one of the following:

• married or civil partners
• living together in a relationship for 2 years
• engaged to be married or to become civil partners
• You must meet the financial requirement.
• You must prove that any previous relationships you or your partner had are permanently broken down.
• your relationship to your family member is genuine and recognised in the UK, eg your marriage is legal in your country
• you intend to continue living with your family member or partner in the UK after you apply (unless you’re a parent with access rights)
• either you or your family member can support and accommodate you and any dependent children while in the UK, or you meet the financial requirement
• you and your family will have an adequate place to live in the UK
• you have a good knowledge of English if you’re 18 or over

When your application can be refused

Your application might be refused if, for example, you’ve:

• got a criminal record in the UK or in another country
• provided false or incomplete information to the Home Office
• broken UK immigration law

Knowledge of English

You will need to prove your knowledge of the English language when you apply,

You can prove your knowledge of English by either:

• passing an approved English language test with at least CEFR level A1 in speaking and listening
• having an academic qualification that was taught in English and is recognised by UK NARIC as being equivalent to a UK bachelor’s degree

You may be able to meet the English language requirement in other ways and you won’t need to prove your knowledge of English if you’re a national of a majority English speaking country. A full list of countries is available from the Home Office website.

Documents you need to provide

You’ll need to provide:

• your current passport or other valid travel ID
• previous passports
• 2 passport sized-colour photographs
• proof of your relationship to the person you’re joining
• evidence of your accommodation
• evidence of your relationship with your spouse/partner
• evidence that you can meet the eligibility criteria above
• proof you can meet the financial requirement or maintenance requirement
• proof of your knowledge of English if you’re 18 or over
• You may need to provide additional documents depending on your circumstances - eg a sponsorship form from your family member in the UK.

Application

If you’re applying from outside the UK then you must apply online for this visa and then you will need to select an appointment date to hand over the documents. You’ll need to have your fingerprints and photograph (known as ‘biometric information’) taken at a visa application centre as part of your application.

Applying in the UK

You can apply to extend your visa or switch into this visa from a different category.

Extending your visa

You can apply to extend your visa towards the end of your stay.  You must apply before your visa expires.  When you’re eligible, you can apply to settle. Settlement means you can stay in the UK without time limits.

Your initial stay will be 33 months if you applied as a partner (27 months if you applied before 9 July 2012)

What you can and can’t do with your visa

You can use your ‘family of a settled person’ visa to:

• work (you can’t work if you’ve got a visa to get married or to become civil partners)
• study

You can’t:

• get public funds for yourself and any dependants.