Spousal Visas - | Hudson McKenzie

Spousal Visas

A Spouse visa is an easy and effective means for individuals who wish to join their spouse or partner living in the UK. The partner or spouse who already resides in the UK must either be a British citizen or have obtained ‘settlement status’ (indefinite leave to remain) or refugee/protection status.

You will be permitted to stay in the UK for 2.5 years or 6 months if you are a fiancé, fiancée or proposed civil partner.  After these stipulated periods, you will need to apply to extend your stay.

Eligibility:

You will need to produce evidence of your income and you meet the English language requirements.

To demonstrate your knowledge of English, you can either:

  1. Take an approved English language test
  2. Provide evidence that you have a degree or academic qualification that was either taught or researched in English
  3. Provide evidence that you have a qualification endorsed by UK NARIC which is equivalent to a UK bachelor’s degree or higher.

To demonstrate you meet the Minimum Income Requirement (MIR), you must earn a combined income of £18,600 annually. You can prove this by providing either a bank statement reflecting your partner’s income, payslips over a consecutive period of 6 months or a letter from an employer signed and dated on headed paper.

The MIR can be in the following forms of income:

  • Cash savings over £16,000
  • Income not from employment, such as from rentals or dividends
  • Monies from pension funds
  • Pre-tax deducted income from employment (via P60s)
  • Income from self-employment or as a director of a limited company (via tax returns)

Impact of COVID-19 on Spousal Visas:

If you have been granted clearance to enter the UK to visit your family and you have already been issued a 30-day travel visa which is due to expire, you can apply for a replacement visa. You must submit a request to the Coronavirus Immigration Health Centre. In this request, you must include the following in the subject line:
name, nationality, date of birth, your GWF reference number and the quote “REPLACEMENT 30 DAY VISA”.

If your country’s Visa Application Centre (VAC) is shut and you have an urgent need to come to the UK, you can apply for emergency travel documentation.

If you or your partner are concerned about meeting the MIR requirement upon renewing a partner or spousal visa, please see the Coronavirus Job Retention Scheme and the Self-Employed Income Support Scheme. The monies attained under these schemes do not classify as public funds; you can claim up to 80% of your salary as a means of income. Please view our previous publications for further information.

Should you require further information or you have concerns about applying for a spousal visa because of the pandemic, please contact a legal professional at Hudson McKenzie via email at londoninfo@hudsonmckenzie.com or by telephone +44 (0)20 3318 5794.

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