A spouse visa, often referred to as a UK and US marriage visa, permits the married partner of a UK or USA citizen to move to the UK or USA based on their marital relationship. This applies when the partner is a “settled” person in the UK or USA, meaning they reside permanently in the country without any restrictions on how long they can stay.
Can You Work with a Spouse Visa?
Yes, after your spouse visa is approved, you are allowed to work or study in the UK without any restrictions.
Spouse Visa Eligibility Requirements
To qualify for a UK or USA spouse or marriage visa, you must meet the following criteria:
- Both you and your spouse must be at least 18 years old.
- You must have met in person and be legally married, ensuring the marriage is genuine and not arranged.
- You should plan to live together permanently in the UK or USA.
- You must have sufficient funds to support yourself and any dependents without needing public assistance.
- Your UK or USA partner must earn at least £29,000 per year, or have enough savings, especially if sponsoring dependent children.
- Suitable accommodation must be available for you, your spouse, and any dependents.
- You must meet the required level of English proficiency.
How to Apply for a Spouse Visa
Applications for a spouse visa can be submitted either from outside the UK or USA or from within the country. If you already have a valid visa, such as a fiance, work, or student visa, you may be eligible to switch to a spouse visa.
How Long Does the Process Take?
Spouse visa applications typically take between 2 to 12 weeks to process, depending on where the application is submitted.
Duration of a Spouse Visa
If you apply from outside the UK or USA , the spouse visa is issued for 33 months. For those applying from within the UK or USA the visa is granted for 30 months.
Can You Extend a Spouse Visa?
Yes, you can apply to extend your spouse visa for an additional 30 months, bringing your total time on this visa to five years. After five years, you may qualify for Indefinite Leave to Remain (ILR) if you continue to meet all requirements. Once granted ILR, you can apply for British citizenship.
Spouse Visa Entry Clearance
If you’re applying from abroad, you must obtain entry clearance before coming to the UK or USA. For those applying from within the UK or USA your current visa must be valid for at least six months. You cannot switch to a spouse visa if your visa was granted for less than six months, such as with a visitor visa.
English Language Requirements
As part of the spouse visa application, you’ll need to prove you can speak and understand English. This requirement applies if:
- You are from outside the European Economic Area (EEA) or Switzerland.
- You are in a relationship with a British citizen or settled person.
- You intend to move to the UK or USA as their spouse.
If you’re not from a majority English-speaking country or don’t hold a degree taught in English, you’ll need to pass an approved English language test. Arrangements can be made for you to take the test in your home country.
Spouse Visa Dependents
Children under the age of 18 can join you as dependents on your spouse visa. It’s recommended to apply for their visas at the same time as yours. Keep in mind that your sponsoring partner must meet a higher income requirement if they are also sponsoring dependent children.
What Happens if Your Relationship Ends?
If your relationship ends before your spouse has been granted permanent residency, you should notify the UK Border Agency (UKBA) or the USA Border Agency as well. They will then decide whether to revoke your partner’s permission to remain in the UK or USA although this is not guaranteed. If there are compassionate reasons or if they qualify under another visa, they may still be allowed to stay.
By following these guidelines, your spouse visa process can be smoother, ensuring you meet all the necessary criteria to join your partner in the UK or USA.
Frequently Asked Questions
- What is a UK spouse visa and who qualifies for it?
A UK spouse visa allows the married partner of a UK citizen or someone settled in the UK to immigrate and live together in the UK. Both partners must be 18 or older, legally married, and meet financial and language requirements. - Can I work or study in the UK on a spouse visa?
Yes, once your spouse visa is approved, you can work or study in the UK without any restrictions. - How long does it take to process a UK spouse visa application?
The processing time for a UK spouse visa typically ranges from 2 to 12 weeks, depending on where the application is submitted. - How long is a UK spouse visa valid for, and can it be extended?
If applying from outside the UK, the spouse visa is initially valid for 33 months. If applying from within the UK, it lasts for 30 months. It can be extended for another 30 months, and after five years, you may apply for Indefinite Leave to Remain (ILR). - What are the English language requirements for a UK spouse visa?
Applicants must demonstrate their ability to speak and understand English by passing an approved test, unless they are from a majority English-speaking country or hold a degree taught in English.