Migration | An Overview of the UK Spouse Visa | MiExpert | A

Requirements

Aside from having to be over 18 years old and have the intent to live permanently in the UK, the applicant does not have much else to worry about. However, the partner must fulfil certain requirements to be eligible to bring his spouse over through the visa program. For instance, they have to either:

• be a British or Irish citizen
• have settled in the UK; either have settle status, indefinite leave to remain, or own a permanent residence
• be from the EU, Switzerland, Norway, Iceland or Liechtenstein and have pre-settled status (must have started living in the UK before 1 January 2021)
• have a Turkish Businessperson visa or Turkish Worker visa
• have refugee status or humanitarian protection in the UK

Proof

Of course, the UK isn’t going to let just any person be your partner, you need to prove you’re together! Fret not, as long as you can provide proof of any one of the following, you’re good to go!

• you’re in a civil partnership or marriage
• you’re living together in a relationship for at least 2 years upon application
• you are a fiancé or fiancée and will marry within 6 months of arriving the UK

Aside from proving that the two are in a legitimate relationship, you also need to prove you:

• have good English
• are able to financially support yourself

If you do not fulfil these requirements you may still be able to apply for a visa if:

• you have a child in the UK who is a British or Irish citizen; or has lived in the UK for at least 7 years
• you can prove that there would be very significant difficulties for you and your partner that could not be overcome if you lived together outside the UK
• it would breach your human rights to stop you coming to the UK or make you leave

Dependants

If you find yourself fulfilling all requirements listed above, you can also decide to bring your children by registering them as your dependants! They are only considered dependants if they are under 18 when you apply, and if they do not live an independent life.

Duration of stay

While it is commendable how lax the requirements for this visa is, you can only stay in the UK for 2 years and 9 months. If you’re applying as a fiancé, fiancée or proposed civil partner, you can stay for only 6 months. After which you’ll need to apply to extend your stay.