For individuals seeking to join their British or settled partner in the UK, the British partner visa—commonly referred to as the spouse visa or marriage visa—presents a crucial opportunity. However, navigating the complexities of this visa category requires a clear understanding of eligibility criteria, the application process, financial requirements, and the associated costs. With recent updates in income thresholds coming into effect, it’s important to stay informed to ensure a successful application.
Eligibility for the British Partner Visa
The British partner visa is open to non-UK citizens whose partner is either a British or Irish citizen or holds settled status, pre-settled status, or certain types of visas such as the Turkish Businessperson visa or Turkish Worker visa. To be eligible, both partners must be at least 18 years old and intend to live together permanently in the UK.
Applicants must also demonstrate that they are in a genuine relationship. This can be evidenced through a marriage or civil partnership certificate or proof of a relationship lasting at least two years. If applying as a fiancé(e) or proposed civil partner, applicants must provide evidence of their intention to marry or enter into a civil partnership within six months of arriving in the UK.
Additionally, the applicant must meet specific financial requirements and show proficiency in English.
Financial and Relationship Requirements
Meeting the financial requirements is one of the most challenging aspects of the British partner visa application. The minimum income threshold is currently set at £18,600 for couples, though exemptions exist for those receiving certain benefits, such as Disability Living Allowance. Importantly, changes introduced in April 2024 mean that new applicants must now meet a higher income threshold of £29,000.
For those who were already on the five-year partner route before the threshold change, the previous income requirement of £18,600 will continue to apply. Applicants must provide evidence of their financial circumstances, such as pay slips, bank statements, or tax returns, to demonstrate their ability to support themselves without recourse to public funds.
In addition to the financial requirements, the application must include evidence of the couple’s genuine and ongoing relationship. This can include joint financial responsibilities, shared bills, proof of cohabitation, and even personal correspondence.
The Application Process
The spouse visa application process can be completed online, whether applying from within or outside the UK. Applicants must ensure they have a comprehensive set of supporting documents to substantiate their claims. These documents include:
- A valid passport or other identity documents.
- Proof of relationship, such as a marriage certificate or evidence of a shared life together.
- Proof of the UK partner’s status, such as a British passport, evidence of settled status, or a visa.
- Evidence of meeting the financial requirements, including pay slips, bank statements, and tax returns.
- Proof of English language proficiency, usually through an approved test unless exempt.
For those applying as a fiancé(e) or proposed civil partner, it is essential to provide evidence of a planned wedding or civil partnership within six months of entering the UK.
Once submitted, applicants will need to attend a biometric appointment at a UK Visa and Citizenship Application Services (UKVCAS) centre. Supporting documents can either be uploaded online or provided at the biometric appointment.
Processing Times and Costs
The costs associated with the British partner visa can add up quickly, making it crucial for applicants to budget accordingly. The standard application fee for those applying from outside the UK is £1,846, while those applying from within the UK will pay £1,048.
In addition to the application fee, the Immigration Health Surcharge (IHS) must be paid to access the National Health Service (NHS) during your stay. For adults, the healthcare surcharge can range from £2,587.50 for a 2.5-year stay to £5,175 for a five-year stay. For children, the costs are lower but still significant, ranging from £1,940 to £3,880 depending on the length of stay.
Processing times for the British partner visa vary. If applying from within the UK, decisions typically take up to 8 weeks. For those applying from outside the UK, the wait can be as long as 24 weeks. Expedited decisions are available through priority services, which cost an additional £1,000 for faster processing. However, these services are not available to everyone and cannot be used by applicants seeking a visa to care for a relative.
Fee Waivers and Exemptions
Not everyone can afford the high costs of a partner visa application, and some individuals may qualify for a fee waiver. This is available under specific circumstances, such as:
- The applicant does not have a place to live and cannot afford one.
- The applicant has a place to live but cannot afford essential living costs, such as food or heating.
- The applicant has a very low income, and paying the visa fees would harm their child’s well-being.
Applicants who believe they may qualify for a fee waiver should provide detailed evidence of their financial situation to support their request.
Key Considerations for Success
Successfully applying for a British partner visa requires meticulous preparation and attention to detail. Common reasons for refusal include insufficient documentation, failure to meet the financial requirements, or doubts about the genuineness of the relationship. Applicants should carefully gather and submit all relevant documents and ensure they meet the eligibility criteria before applying.
Moreover, the recent increase in the income threshold has added an extra layer of complexity, particularly for new applicants. Those affected should seek professional legal advice to explore alternative options or exemptions that may apply to their circumstances.
Final thoughts
The British partner visa offers a valuable opportunity for non-UK citizens to join their loved ones in the UK, but it comes with stringent requirements and significant costs. By understanding the eligibility criteria, financial obligations, and application process, applicants can increase their chances of success. As always, professional guidance from an immigration solicitor can provide much-needed clarity and support throughout this complicated process.
With changing immigration rules and ongoing policy updates, staying informed is critical. Whether you’re starting your application or considering your next steps, make sure to plan ahead, prepare thoroughly, and seek the right advice where necessary.
Get in touch: For a comprehensive understanding of your options or queries on UK immigration matters, contact GigaLegal Solicitors at 02074067654 or click here to book a no-obligation consultation with an immigration expert.