Melanie Wong | Immigration Solicitor...I put this guide together to assist those who are planning or are in the process of making a UK Spouse/Partner Visa Application to join and settle

www.ImmigrationAdviceLondon.co.uk

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The Complete UK Spouse & Partner

Visa Guide:

Everything You Need to Know to Make a Successful Application

Melanie Wong | Immigration Solicitor



(c) Melanie Wong 2019 All rights reserved. Copying and redistribution prohibited without written

permission. Please report breach of copyright.



CONTENTS

Foreword 5 How to Use this Guide 7 Section 1: Common Questions about the UK Partner Visa 7

What Is a Partner Visa? 7

How Much Does a Partner Visa Cost? 8

What is the Partner Route? 9

The 5-Year and the 10-Year Partner Routes 10

Who Makes the Decision on My Application? 12

How Long is the visa Valid for? 12

Extending your Partner Visa 13

Eligibility for Indefinite Leave to Remain 13

Section 2: The UK Partner Visa Process 15 What are the Steps to Apply for a Partner Visa (PV)? 15

Section 3: The UK Partner Visa Legal Requirements 18 What Are the Requirements for a PV? 18

What Do Each of the Requirements Mean? 20

The Financial Requirement 20

The Minimum Income Threshold 21

How to meet the Minimum Income Threshold 22

The Income Categories 23

Documents Required to Meet the Financial Requirements 39

Exemption from Meeting the Financial Requirement 49

The Adequate Maintenance Requirement 50

Other Requirements for the PV 53

The Applicant must be outside the UK 53

Valid application for entry clearance as a partner 54

Suitability Test Requirement 54



The Relationship Requirement 56

The Accommodation Requirement 59

English Language Requirement 60

Tuberculosis (TB) Test Requirement 63

Section 4: Hidden Costs of the Partner Visa 64

Section 5: The Application Process 65 Stage 1: Completing the Application Forms and Payment 65

Stage 2: Booking the Biometric Appointment 70

Stage 3: Submitting Supporting Documents 71

Stage 4: Getting your Decision 72

What to do if my Visa is Refused? 75

Conclusion & Disclaimer 77



FOREWORD

Firstly, thank you for downloading and taking the time to read the first 2 chapters of this guide.

The Full version of this Guide can be purchased by clicking here.

I put this guide together to assist those who are planning or are in the process of making a UK

Spouse/Partner Visa Application to join and settle with their partner in the UK.

Immigration Law is complex, constantly changing and everyone’s circumstances are different.

As with any area of UK law, it is always recommended that you seek legal advice, but I

appreciate that doing so can be costly or an intimidating prospect for some. So my aim with

this guide is to provide a single point of reference to help readers easily understand and be

able to fully navigate the UK Partner Visa application process smoothly.

This guide and some common sense should be sufficient for most people to be able to apply

on their own without professional help. The steps in this guide are exactly the same way I

approach and successfully process my own clients’ UK Partner Visa applications throughout

a 17-year career in Immigration Law.

If you do want expert legal help, however, I offer a range of fixed price legal services which

you can book directly on my website:

• Immigration Advice Session where you can ask me anything and get expert advice

about your case.

• Application Checking Service where your application form and documents will be

fully reviewed before you send these off

• Full Application Service where I will handle the entire application for you

I always welcome feedback, so do get in touch if you have comments or suggestions. I will

be putting out further updated editions if, or when, there is are important items to change or

add to this guide.

Melanie Wong | Immigration Solicitor

November 2019

https://www.immigrationadvicelondon.co.uk/the-complete-uk-spouse-visa-guide


https://www.immigrationadvicelondon.co.uk/one-off-consultation


https://www.immigrationadvicelondon.co.uk/document-checking-service


https://www.immigrationadvicelondon.co.uk/service




Range of Services to Suit All Budgets and Needs

Expert Advice Session Detailed Immigration Consultation at our office, over the phone or via Video Link.

Personalised DIY Application Pack Get a complete document checklist

tailored specifically for you and letter

templates for the supporting/confirmation

statements you also need to include. Application Checking Service Have all your documents and application form fully reviewed by a Senior Immigration Solicitor before you send it off.

Full Application Service Get a highly experienced Immigration Solicitor to handle the entire application process for you.


https://www.immigrationadvicelondon.co.uk/tailored-supporting-document-checklist





How to Use this Guide

This guide is written with the presumption that the reader is the Non-EU person making the

application for the Partner Visa, (referred to as the “Applicant”), outside of the UK. The

Applicant’s Partner is referred to as the “Sponsor,” as they are the one sponsoring their non-

EU Partner’s application to come to join them and live in the U.K. That being said, in my own

professional experience of assisting clients with the applications over many years, it is usually

the sponsor who is the one that makes all of the arrangements for processing the application.

This makes sense in practical terms, given they are the one who is based in UK and much of

the evidence to satisfy the legal requirements (supporting documents) needs to be provided

by them. And so, if you are indeed the sponsor, I have made sure that all of the information,

steps and tips in this guide will be just as relevant (if not more so) to you.

Section 1: Common Questions about the UK Partner Visa What Is a Partner Visa?

Sample of a Partner Visa Stamp (Vignette)

A Partner Visa (PV) is a UK visa that enables a non-EU citizen to enter and live in the UK with

their British or “settled” partner, (i.e. someone with Indefinite Leave to Remain (ILR)), or

someone with a refugee or humanitarian protection immigration status.

Under the current UK immigration law, all Partner-type visa applications are assessed and

processed by the UKVI under one immigration category. What this means is that those

applying for a fiancé/e visa, a spouse visa, a civil partner visa, or a proposed civil partner visa,



and an unmarried partner visa, are all applying for the same thing: A Partner Visa. People

commonly refer to it as a “spouse visa” or a “spousal visa”, but it’s one and the same thing.

For non-EU Nationals who live outside the UK, and who are applying as a spouse, civil partner

or an unmarried partner to join their partner in the UK, they are applying for entry clearance to

the UK for an initial period of 2 and half years towards the 5-year Partner Route of living, and

eventually settling, in the UK. The length of the visa for those applying as a fiancé/e or a

proposed civil partner is different, which will be covered further below.

How Much Does a PV Cost?

The current Home Office Fee for all (Non-EU) Partner Visa applications made outside of the

UK is currently £1,523 and you will also need to pay the *Immigration Health Surcharge (I.H.S)

which is currently £1,200. * IHS Fee is not applicable for those applying as a Fiancé(e) or Proposed Civil Partner

Priority Service for a Quicker Decision:

To get a quicker decision on your application, you can opt to pay extra for the priority service.

The cost for this is currently £573. - Note that this service is not suitable for people who have

any of the following:

• been refused a visa for the UK, and/or;

• been refused leave to enter the UK, and/or

• been deported, removed, or otherwise required to leave the UK, and/or;

• overstayed a period of leave in the UK, and/or;



• had leave to remain in the UK curtailed by the Home Office, and/or;

• been refused leave to remain in the UK by the Home Office, and/or;

• been refused a visa for Australia, Canada, New Zealand, the United States of America,

or the Schengen countries, and/or;

• you have been interviewed, detained, or prosecuted by the police for any offence in

the UK or elsewhere, and/or;

• you have an unspent criminal conviction in any country, and/or;

• you have committed a criminal offence in any country.

It is important to note that all of these fees are charged in either the local currency of the

country applying from or in USD so is subject to the exchange rate at the time you make the

payment.

The current list for all UK Visa Fees can be found here: https://www.gov.uk/government/publications/visa-regulations-revised-table)

To find out how much the current I.H.S Fee for your visa is, go here: https://www.gov.uk/healthcare-immigration-application/how-much-pay

Note: If you are applying and are granted for a Fiancé(e) or Proposed Civil Partner visa, once

married you would then need to apply for FLR (M) or Further Leave to Remain as a “Married”

Partner, the fee for which is currently £1033 and you will also have to pay the IHS fee which

is currently £1000. - These are not subject to any currency exchange rate as this application

is being made from within the UK

What Is The Partner Route?

The Partner Route (PR) can lead to settlement (i.e. Indefinite Leave to Remain (ILR) status),

in the UK for the non-EU Citizen. The PR can either be the “5-year” route, or the “10-year”

route, which means that a person on this immigration status is either eligible to apply for ILR

after 5 years of being on the 5-year Partner Route, or 10 years of being on the 10-year Partner

Route.

https://www.gov.uk/government/publications/visa-regulations-revised-table

https://www.gov.uk/government/publications/visa-regulations-revised-table

https://www.gov.uk/healthcare-immigration-application/how-much-pay

https://www.gov.uk/healthcare-immigration-application/how-much-pay



What Is the Difference Between the 5-Year and the 10-Year Partner Routes? The main difference is effectively when the applicant will be eligible apply for ILR in the UK.

The 5-year PR and the 10-year PR apply to applications made on or after the 9th of July 2012.

This was when a set of rules, called “Appendix FM” was introduced and implemented into the

current Immigration Rules. Appendix FM sets out the requirements for a Partner Visa.

Prior to that date, a different set of requirements applied to non-EU Partners. For those who

applied, or entered, the UK with a visa that was issued before the 9th of July 2012, the former

requirements contained in the Immigration Rules applied to them. This guide does not cover

those old requirements, and only covers the current requirements under Appendix FM of the

Immigration Rules.

The 5-year PR is the usual route for those who: 1. Entered the UK initially as a fiancé/e or a proposed civil partner, and who then get

married or enter into a civil partnership in the UK, with their partner, and would now

like to apply to remain in the UK as a spouse or a civil partner (i.e. they are applying to

“switch” as a Spouse or a Civil Partner); or

2. Those who initially entered the UK with a spouse/civil partner/unmarried partner visa,

which is valid for at least 2 and a half years, and who are still in a relationship with the

same partner, and who would like to continue to live in the UK with the same partner

(i.e. they are applying to extend their visa); or

3. Those who are currently in the UK on another immigration visa/category, which is valid

for more than 6 months, and who has since married/entered into a civil partnership

with their Partner, or who has been living with their Partner continuously for at least 2

years (either in the UK and/or abroad), i.e. an “unmarried partner,” and their partner is

a British citizen, or a settled person, or someone with a refugee status or humanitarian

protection (i.e. they are applying to “switch” as a Partner)

The 10-year PR is the usual route for those who are currently in the UK, for example: a. as a visitor, or

b. as a tourist (i.e. those who are a citizen of a country that is not required to apply for a

visitor visa prior to entering the UK;



c. with a visa that is valid for 6 months or less, or

d. as an illegal immigrant (e.g. someone with an expired visa)

AND There are compelling reasons as to why the applicant cannot return to their country of

origin/residence and submit a Partner Visa from there.

*The 10-year PR is also granted to those who are outside the UK, and whose case has been considered as not meeting the requirements of Appendix FM (Partner Route), but

because of exceptional circumstances regarding the Applicant, their Partner and their

dependent children (if applicable), the UKVI has decided to grant leave to enter but under the

10-year PR instead of the 5-year PR.

For example: Cases that may fall under the 10-year PR can include those who cannot satisfy the financial

requirement based on the Sponsor’s sole income, but who have third party sponsors who can,

and will, financially support the Applicant and their family in order to meet the Financial

Requirement. (For more information, see the section below, re: Financial Requirement,

Exceptional Circumstances)

How Long Is the Visa Granted For under the 10-year PR? The visa will be valid for 2 and a half years, (minimum). The Applicant will have to apply to

extend their visa at least 3 more times before they will be eligible to apply for ILR, because

each extension granted is also valid for 2 and half years.

Please Note: This is a complex area of law. If you believe that your case falls under the 10-

year route, I would advise obtaining legal advice first prior to making an application. This guide

is really intended for those who are applying under the 5-year Partner Route.



Who Makes The Decision on My Application?

Sample Decision Letter from UKVI for Partner VIsa The UKVI (UK Visas and Immigration) is a department responsible for visas and immigration

matters at the Home Office. They are responsible for processing and making a decision on

your application. The person assigned to your application is called an “Entry Clearance Officer”

(ECO). Where a case is complex, this is then referred to a senior caseworker, called the “Entry

Clearance Manager” (ECM).

What About the Staff Members at the Visa Centre? Do They Make a Decision on the Application? No, they do not. The visa centres are NOT part of the UKVI, or the Home Office. They are

private companies hired by the Home Office to process and handle the applications,

biometrics, and documents on behalf of the Home Office. All of the information that the visa

centres gather from applicants must be electronically transferred to the UKVI, who will then

make the decision on the application. How Long is the Visa Valid for when Granted?

For those who are applying as a spouse, civil partner, or unmarried partner, the PV is granted

for a period of 33 months, or just over 2 and a half years.



For those who are applying as a fiancé/e or proposed civil partners, the visa is granted for a

maximum period of 6 months. Within that period, the applicant and their partner must get

married or enter into a civil partnership in the UK. Once the ceremony is finalised, the applicant

can then apply (while still being present in the UK) to switch to Further Leave to Remain (FLR)

as a spouse/civil partner. They can apply as soon as they obtain their marriage/civil

partnership certificate.

Once they receive the FLR as a spouse/civil partner, this leave will be valid for 2 and a half

years, which is the first half of the 5-year Partner Route (as mentioned earlier).

What Happens Before the Visa Expires? What Can I Do to Continue to Remain in the UK?

FLR (M): Spouse Visa Extension

You can apply for an extension of your PV with the Home Office. You do not need to return

home; the application must be submitted in the UK. The application is called FLR (M) or

Further Leave to Remain as a “Married” Partner (for the purposes of the application, “married”

can include unmarried partners and civil partners). The earliest that an application for an

extension can be made is 28 days before the current PV expires. How Long is the Extension Valid for? If the extension is granted, it will be valid for a minimum of 30 months, or another 2 and a half

years.



When Can I Apply to Become Permanent in the UK? Once you have been in the UK for at least 5 years, which in most cases you have had a

PV/FLR initially, and then an extension, then you would be eligible to apply for Indefinite Leave

to Remain (ILR) in the UK, subject to meeting the requirements for that particular application.

Please be aware that for an ILR application as a spouse/civil partner, the period that you had

as a fiancé/e or a proposed civil partner will not be counted towards the 5-year qualifying

period. It is only the actual period of leave as a spouse/civil partner, which has been held

continuously for at least 5 years, that is considered by the UKVI for ILR applications. This is

something to bear in mind when you are planning to schedule your application for ILR.



Section 2: The UK Partner Visa Process What are the Steps to Apply for a PV?

There are 7 stages:

1. Knowing the Legal Requirements for a PV is the first, and most important stage.

Knowledge of the requirements will certainly help you in determining whether or not

you and your partner can make a successful application. If you do meet all of the

requirements, then that’s great news, as you can then move on to the second stage,

which is finding out what documents you need to gather/prepare in support of your

application.

If you don’t yet meet the requirements, this is still a good thing, because you now know

the necessary preparations and measures you and your partner must take before you

will be able to make an application.

2. Knowing what Supporting Documents you need to prepare is the next stage. Once

you know the requirements, you now need to start gathering the relevant documents

to submit to the UKVI. These are pivotal to the application because they are effectively

your “tools” to demonstrate to the UKVI that you meet all of the requirements. In short,

the documents show how and why you meet all of the requirements for a PV. These

are what make or break the UKVI decision to grant the visa.



It is only in very rare cases that the UKVI will request to interview the Applicant and/or

the Sponsor if they require more information. Hence why it is so important to submit

relevant documents pertaining to your particular circumstances as once the documents

are submitted, it will only be in exceptional circumstances that the UKVI will accept

further documents. It is only IF the UKVI requests for further documents that this is

when you will be allowed to do so.

You may be interested in the following services that I provide regarding Supporting Documents:

• Personalised DIY Visa Application Pack where you will get a complete

document checklist tailored for you and letter templates for the

supporting/confirmation statements you also need to include.

• Documents Checking Service whereby I review all of your documents

before theses are submitted and advise you if there is anything missing,

needs to be changes or anything you can do to strengthen your

application.

It is also important to note that it is not about the quantity of the documents, but rather

the QUALITY of the documents, that can make or break an application. The documents

must comply with the requirements under Appendix FM-SE (Specified Evidence) of

the Immigration Rules. For example: a letter from an employer that is handwritten on

note paper, and only confirms what the employee (sponsor) earns per year, will not be

accepted by the UKVI as sufficient evidence to confirm the sponsor’s current

employment. Rather, as specified under Appendix FM-SE, the letter must be typed on

the company’s letterheaded paper, (bearing the name and contact details of the

company), it must state the name of the employee, the role that they have within the

company, the date when their job started with the company, whether the job is

permanent, contract, etc, their gross annual salary and when they started receiving

this level of salary.

3. Completing the Application Forms is the next stage of the process. This includes

completing the form online and the Appendix 2 (VAF4A Form explained further on in

the guide), paying the UKVI fee and the Immigration Health Surcharge (I.H.S.) fee. I

would advise only moving on to this stage only after you have gathered at least 99%

of your supporting documents.



https://www.immigrationadvicelondon.co.uk/spouse-visa-application-check

https://www.immigrationadvicelondon.co.uk/spouse-visa-application-check



4. Booking your Biometric Appointment. Once the form is submitted and fees have

been paid, you must book an appointment at your nearest visa centre, where you will

need to provide your biometric information, which includes your digital photo and

fingerprints. These are then sent electronically by the visa centre to the UKVI.

5. Submitting your Documents. Depending on the country you are applying from, there

may be a few options of how and where you must/can submit your documents. The

process (and options available) for submitting documents will vary for every country,

as it depends on the third-party company that processes the applications in that

country e.g. VFS Global. In most cases the applicant can bring the documents with

them to the visa centre to be scanned and uploaded, however this isn’t always going

to be practical for some, so it is best that you are aware of all the options you have and

can prepare and plan accordingly. *This topic is covered in greater detail in the accompanying guide ‘Where to Send

Supporting Documents for your UK Visa Application’, which if you have purchased the

full version of this guide, has been included for free.

6. Wait for your Decision. Now you have submitted everything, and it has been received

for processing by the UKVI, you will now just have to wait for their decision. This can

take between 3-4 months on average (quicker than this if you opt for the Priority

Service), but it really depends on a case by case basis.

7. Get your Decision. That all important day has finally arrived, when a decision has

been made, you will get an email notification from the UKVI, and the visa centre telling

you that your documents are ready for collection. Most of the time, applicants will only

see the outcome (a decision letter) of their application when they receive their passport

back from the visa centre.

Hopefully, you will have a successful outcome and will be preparing to join your partner

in the UK. If, however, you receive a negative decision, all is not lost - you can either

appeal against the decision or re-apply again (I will cover this in the latter section of

the guide). Obviously, we want to avoid such a scenario and my aim with this guide is

to give you the all the necessary knowledge that will give you every chance possible

in achieving a successful outcome for your PV application.

https://www.immigrationadvicelondon.co.uk/where-to-send-supporting-documents-for-settlement-visa-applications






Conclusion:

I hope that the first 2 chapters of this guide has provided some value and given you some

insight of what the full guide has to offer. The primary aim of the complete guide is to help

individuals find their way through the immigration minefield of the Partner Visa application. I

understand that this process can be an anxious and a stressful time not only for the Applicant,

but also for their partners and other family members. It is, after all, your first step towards

achieving your future in the UK with your loved ones.

The best of luck to you and thank you again for downloading and reading this sample of the

guide.

For the full version of this guide which includes some additional bonuses and a money back

guarantee should your visa be refused go here now:


Disclaimer: While every effort has been made to ensure that the information contained in this guide is as

accurate as possible, I cannot accept any responsibility for its accuracy or for any loss or

damages arising from the use of this guide.

Please also note that this guide does not represent a complete statement of the Law and does

not constitute legal advice. If you would like specific professional advice about your

application, I offer a consultation service for £99+VAT. To find out more about this and my

other legal services, please visit my website: www.immigrationadvicelondon.co.uk/services



http://www.immigrationadvicelondon.co.uk/services

http://www.immigrationadvicelondon.co.uk/services