To successfully relocate to meet your spouse, you need to be aware of some crucial points. The path to UK citizenship with a spouse visa starts with understanding the spouse visa application. As a Nigerian, if you don’t understand the process, then you can’t successfully apply for the visa because a spouse visa requires some complex actions.
This article gives a detailed breakdown of what a spouse visa is, the cost of a spouse visa, the requirements and documents, how to apply, and who is eligible to apply. Sit back and let me walk you through.
What Is a UK Spouse Visa?
A UK spouse visa is a type of visa program for immigrants that allows them to enter the UK and live with their spouses in the UK. As a holder of a spouse visa, you can apply for indefinite leave to remain or permanent residence in the country.
You won’t automatically get the right to live in the UK through marriage to a British citizen. You must first of all apply for a spouse visa, also known as a partner visa, to live in the UK with your partner. If you are the one applying for the visa, your spouse must be settled in the UK, i.e., the person who is an ordinary resident in the UK and has no immigration restrictions on how long they can stay in the UK.
Individuals who have been granted leave to remain in the UK can sponsor their partner if they wish for them to join them in the UK. The UK spouse visa can lead to indefinite leave to remain or settlement in the UK after a period of five years.
Key Points
- The UK spouse visa allows Nigerians to live with their spouses in the UK, eventually leading to indefinite leave to remain after five years.
- Applicants must meet strict eligibility criteria, including a minimum annual income of 54,375,000 naira (£29,000), proof of a genuine relationship, and English language proficiency.
- The application process involves several steps, including biometric appointments and providing extensive documentation, with fees varying depending on whether the application is made within or outside the UK.
Who Can Apply for a Spouse Visa?
You may be eligible to apply for a spouse visa if your spouse is a UK citizen. To be eligible, the following criteria will apply to you:
- You and your partner must be at least 18 years old
- You must plan to leave together with your partner in the UK
- The sponsor must be a UK citizen or have indefinite leave to remain in UK
- You and your partner must have met in person and be in a genuine and subsisting relationship, ie legally married, to reduce the risk of arranged marriage
- You will need to have maximum income
- You must have suitable accommodation for you and your partner in UK
- You must have enough funds to support yourself without claiming public funds
- You must satisfy the English language requirements
- Your sponsoring partner must earn more than 54,375,000 naira (£29,000) per year or have any savings to sponsor you. The minimum financial requirement is higher if there are any children involved
- Any previous relationship has broken down permanently
- If you are a proposed civil partner, you must show proof that within the next 6 months, you will be entering civil partnership
The requirements you need to satisfy in order to qualify for a UK spouse visa are different depending on your personal circumstances. If you meet the eligibility criteria, you can apply for a UK spouse visa.
What Are the Requirements for a UK Spouse Visa?
To make a successful application for a UK spouse or partner visa, you will need a set of eligibility requirements, including providing evidence of:
- You have a genuine and eligible relationship
- You and your partners combined annual gross income is at least 54,375,000 naira (£29,000). This hat is set to gradually increase to 72,562,500 naira (£38,700).
- You have suitable accommodation in the UK
- You must meet the English language requirement of at least A1 for your first visa application.
#1. Genuine Relationship Requirement
You will need to show your ineligible relationship as follows:
- Having been living together in a relationship for at least 2 years
- Plan to get married or enter into civil relationship in the UK within 6 months of arriving in the UK
- You are in civil partnership or marriage that is legally recognised in the UK
What Documents Can You Use as Proof of Your Relationship?
The following listed below are UK spouse visa document checklists that the home office can accept in order to verify a couple’s relationship and status, including:
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- A marriage or civil partnership certificate
- Photos and evidence of your conversation
- The birth certificate of any of your children you and your spouse have when applying for the visa
#2. Spouse Visa Financial Requirement
This requires the gross income of the applicant and the UK-based partner to be a minimum of 54,375,000 naira (£29,000). According to the home office update paper, the UK spouse visa minimum income requirement will continue to rise to 63,750,000 naira (£34,000), eventually reaching 72,562,500 naira (£38,700). If the applicant has children, there will no longer be an additional income requirement.
Only the sources of income listed below will be considered:
- Income from employment or self-employment
- Pension of the applicant and/or partner
- Maternity allowances or bereavement benefits received by the partner in the UK
- Any other income and/or savings specified by the applicant and/or partner
If you have cash savings of at least 165,000,000 naira (£88,000), you can meet the spouse visa financial requirement by solely relying on the savings.
Your partner can be exempted from meeting the spouse visa requirements if he is receiving income from any of the following:
- Severe disablement allowance
- Disability living allowance
- Carers’ allowance
- Industrial Injury disablement benefits
- Attendance allowance
- Mobility supermarket, constant attendance allowance or war disability pension
- Police injury pension
- Armed forces independence payment or guaranteed income payment under the armed forces compensation scheme
This just means that the spouse doesn’t need to have at least 54,375,000 million pounds (£29,000) or more. But they still need to provide evidence that they have enough funds to maintain themselves in the UK, as well as adequate accommodation.
What Are the Financial Documents Required?
You will need to provide the following documents as evidence of income. They include:
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- The bank statements of a partner already in residence in the UK
- You should provide 6 months of recent payslips
- Your employers letter should include the employee’s job title, the years you worked at the company and copies of payroll records
#3. English Language Test Requirements
Both the spouse and the partner will need to show independent and sufficient knowledge of English language. This can be achieved in 3 ways:
- You will need to meet the English language requirements if you have a degree or other academic qualification which was taught in English.
- You will need to pass the Common European Framework of Reference for Languages (CEFR) English test from an approved testing centre. This must be at least level A1 in speaking and writing. If you wish to extend your stay in the UK at a later date, you will need to be able to pass at least a CEFR level A2 to show continuing improvement in line with the time that you have been in the country.
- You will need to meet the English language requirements if you are exempt, including if:
- You are over 65 years old.
- You have a physical or mental condition that prevents you from meeting the requirements
- You come from the following countries: New Zealand, St Kitts and Nevis, Australia, Bahamas, Dominica, Grenada, Jamaica, Barbados, Belize, Guyana, and the USA
#4. Accommodation Requirements for a Spouse’s Visa
Accommodation simply means a private residence where you, your spouse, and your children (if applicable) can stay in the UK. The purpose of this requirements is to ensure that the applicant has a home in which to live with their spouse in the UK. Its not just about having a home; it must be large enough and adequately equipped to meet all the UK safety standards.
The UK spouse visa accommodation requirements stares that the applicant and their partner must provide adequate accommodation for the family, both during and after the spouse visa application process.
How to Apply for a UK Spouse Visa as a Nigerian
It is easy to apply for a UK spouse visa as a Nigerian because all the applications are done online. The application steps include:
- Check eligibility for a partner and spouse visa
- Prepare the documents you will need to prove your eligibility
- Complete the online application form
- Pay the application fee
- Upload any document required to support your application
- Arrange a biometric appointment to have your fingerprints and photo taken
- Attend the interview if invited
What is the UK Supporting Documents Checklist?
There are also other supporting documents you need to provide with your visa application. Those documents include:
- Valid passport
- Previous passports
- Completed application form and fee
- Proof that you meet the English language requirements
- Evidence of genuine relationship
- Evidence of financial requirement
- Details of any past immigration (if applicable)
- Details of any criminal convictions
- Biometric information
- Tuberculosis test results
- Your National insurance number
The immigration rules contain strict requirements in terms of the documents that must be submitted in support of a UK spouse visa application.
Applicants need to be careful when using pre-prepared document checklists for spouse visa applications. To ensure you receive a positive response to your spouse’s visa application, it is essential that you provide all the evidence and documentation required by UKVI. Failure to provide all the required documents can lead to a delay or refusal of your visa.
What Is the Processing Time for a UK Spouse Visa ?
The processing time for a UK spouse visa is up to 24 weeks if you apply from Nigeria and 8 weeks if you apply within the UK. But there are certain situations that can add extra time to your processing time. They include:
- Your sponsor has not earned the minimum income threshold before your application
- Your marriage is not genuine
- You have failed to provide all the necessary documents
- The applicant did not attend an interview
- You cannot demonstrate that you have met the English language test requirements
What Is the Cost of Applying for UK Spouse Visa?
When it comes to cost, it depends on whether you are applying within the UK or outside of the UK. If you are outside of the UK, the home office charges 3,461,250 naira (£1,846). But if you are already in the UK with another visa and want to apply for a spouse visa, the cost of the application is 1,965,000 naira (£1,048). Other costs may include an immigration healthcare surcharge of 1,940,625 naira (£1,035) for each year and a biometric fee of 36,000 naira (£19.20). The super priority service charge is 1,875,000 naira (£1,000) if you want to get a decision by the end of the next working day.
What Can Lead to Refusal of Spouse Visa?
There are several reasons your spouse’s visa can be denied in the UK. Refusal of a spouse visa can happen if:
- The applicant is subject to a deportation order as of the date of application
- It is undesirable to grant entry clearance for medical reasons
- You have not provided sufficient evidence of maintenance and accommodation
- The mandatory IHS surcharge, alongside other compulsory charges, have not been paid or have failed.
- The secretary of state determines that the exclusion of an applicant from the UK is conducive to the public
- The exclusion of the applicant from the UK has been deemed conducive to the public good as result of the applicant’s conduct, character or association
- Failure to attend the interview without any reasonable excuse from the applicant.
Can My Partner Work on a Spouse Visa?
UK spouse visa holders can work full-time and without restrictions. In addition, there are no limitations on the type of employment that can be undertaken or the sectors in which you can work.
Can I Switch From Spouse Visa to Work Visa?
To switch from a dependent visa to a skilled worker visa, you must meet the following eligibility criteria:
- Have a job offer from an approved employer
- Hold a certificate of sponsorship
Does a Child Born in the UK Need a Visa?
If your baby is born in the UK, then they can remain in the UK without applying for a visa. However, if you need to travel outside of the UK, your baby will require a passport or travel document, and they will also need a dependent visa to re-enter the UK.
Conclusion
In conclusion, securing a spouse visa is not an easy task and requires detailed attention and a lot of documents to prove that you are eligible. Most of the situations where your visa can be denied can be easily avoided by just paying careful attention to the detailed guidelines I listed above. For Nigerians seeking to join their partners in the UK, demonstrating financial stability, a genuine relationship, and suitable accommodation are essential steps, and Nedchi is a call away for more aid.
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