Spouse Visa Rules 2022
In a few short weeks it will be Valentine’s Day 2022 when thoughts turn to love and marriage. Many people don’t associate Valentine’s Day with UK immigration law but to Spouse Visa Solicitors the two are inextricably linked as with Spring coming thoughts turn to romance, relationships and spouse and partner visas. 2022 will be a particularly busy year for spouse visa enquiries and applications as during the height of the COVID-19 pandemic travel restrictions meant many people were not able to progress their spouse visa application plans. As 2022 heralds a surge in spouse visa enquiries our immigration solicitors look at the UK spouse visa new rules 2022.
UK Online and London Immigration Lawyers and Spouse Visa Solicitors
For advice on applying for a spouse visa and help with your immigration application call the expert London immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us online.
Does my partner need a spouse visa?
The first question to ask is does your partner or husband or wife need a visa to come to the UK and, if so, is the partner visa or spouse visa the best immigration route for them? Many people are blinkered into thinking that as their spouse or partner wants to join them in the UK, they must need a family visa but there may be better immigration options such as a skilled worker visa or innovator visa or global talent visa. Some of these immigration routes can lead to accelerated settlement in the UK. Also, if your relationship were to break down, your partner or spouse won't have to leave the UK if their visa status isn’t dependant on the continuation of a personal relationship. Whilst that sort of discussion may sound unromantic, whether you are the sponsoring partner of a family visa applicant or the person applying for the spouse visa, it is worthwhile checking your UK visa options.
If you are an EU national or from Norway, Switzerland, Iceland or Liechtenstein and you have settled status under the EU Settlement Scheme then your partner may not need to apply financial requirement a spouse visa because they may be able to apply for settled status even if they were not living with you in the UK by the 31 December 2020. If your partner meets the criteria for settled status then this is likely to be the best route as you and your partner then won't have to meet the financial requirement for a spouse visa.
The best immigration advice is often not to make assumptions about what visa is best for you or your partner. Specialist immigration solicitors can look at the full range of options and advise on what best meets your personal and financial circumstances and your UK settlement goals taking into consideration the spouse visa UK requirements.
Who can sponsor a spouse visa applicant?
An applicant for a family, partner or spouse visa needs a sponsor who will be either their partner, civil partner, husband or wife. If you are applying for a partner visa then you must have lived with your partner for at least two years. A sponsor must be:
- A person who holds British citizenship or
- A person with indefinite leave to remain status or
- A refugee or person with humanitarian protection.
If your sponsor doesn’t have indefinite leave to remain status (for example because they are in the UK on a student visa or graduate visa or a health and care worker visa) then speak to indefinite leave to remain lawyers on 0203 959 9123 about the timescale for them to apply for ILR. They may be able to apply for indefinite leave to remain and get their application processed quickly using a premium service or, depending on the nature of their visa or on their visa switch options, you may be able to apply to join your partner on a dependant visa.
Do you have to make a spouse visa application from outside or inside the UK?
The spouse visa rules say you can make a spouse visa application from outside or inside the UK. However, if you are planning to apply for a spouse visa or partner visa from within the UK, it is best to know the immigration rules before you travel to the UK. For example, you can't apply for a spouse visa from within the UK if you secured entry clearance on a visitor visa or if your entry clearance gives you less than six months leave to remain. If you get the immigration rules wrong then you may need to leave the UK and make your spouse visa application from overseas so it is as well to check before you make plans to come to the UK with the intention of applying for a spouse visa while you are in the UK.
Eligibility criteria for a spouse visa
To summarise the immigration rules to meet the spouse visa eligibility criteria you must:
- Be over the age of eighteen and your UK sponsor must also be over eighteen.
- Be married. If you are applying for a partner visa you must have you must have lived with your partner for at least two years.
- Have met each other in person.
- Intend to live together.
- Meet the maintenance requirement and have enough money to support yourselves and any dependants without claiming public funds in the UK.
- Meet the financial requirement through income or savings including those of your sponsoring partner.
- Have suitable accommodation for you and your partner and any dependent children.
- Meet the English language requirement.
How long does the spouse visa last?
Whilst you may be delighted to secure your spouse visa the next question is when will it end and what do I have to do under the spouse visa rules to stay in the UK. A spouse visa lasts for thirty-three months if you applied for the visa from overseas or thirty months if you applied for the visa from within the UK. After thirty or thirty-three months you won't meet the lawful and continuous residence requirement to apply for indefinite leave to remain in the UK so you have the choice of:
- Leaving the UK – if you don’t leave before your visa expires you are classed as an overstayer and that affects your immigration record. Therefore, if you are going to leave, do so before your visa expires.
- Switch visa – if you are going to apply for a different type of visa you need to have submitted your switch application before your spouse visa expires as otherwise that will affect the success of your visa switch application. You should also check that the visa you are switching to leads to settlement in the UK if it is your long-term plan to apply for indefinite leave to remain and go on to apply for British citizenship.
- Extend your spouse visa – if you apply to extend your spouse visa then provided you meet the lawful and continuous residence requirement for an indefinite leave to remain application you will subsequently be able to apply to settle in the UK when your second spouse visa expires. As the lawful and continuous residence requirements can be complicated it is best to understand what you have to do to meet the ILR eligibility criteria whilst you are in the UK on your extended spouse visa.
UK Online and London Immigration Lawyers and Spouse Visa Solicitors
For advice on your spouse visa application and help with immigration law applications call the London immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us online.