Melanie Wong | Immigration Solicitor and UK Visa Expert

EXPERT IMMIGRATION ADVICE UK

MELANIE WONG

Rated Excellent | Melanie Wong Immigration Solicitor

Multi-Award-Winning Service 

Rated Excellent by Clients

Melanie Wong | Immigration Solicitor and UK Visa Expert

EXPERT IMMIGRATION ADVICE UK

MELANIE WONG | IMMIGRATION LAW SOLICITOR

Rated Excellent | Melanie Wong Immigration Solicitor

Multi-Award-Winning Service 

Rated Excellent by Clients


Spouse/Partner Visas (Entry Clearance Applications)

UK Spouse / Partner Visa

(Entry Clearance / Leave to Enter)

spouse visa uk | spouse visa applicant

Are you longing to reunite with your wife, husband or partner? 

Do you wish they could join and live with you in the UK?


Whether you are married, engaged or in a long term relationship, there is a Partner Visa solution available for you.


Learn more about them, including the requirements, fees and other frequently asked questions on this page.


I regularly advise and assist clients with successful Spouse and Partner UK Visa applications.


Find out how my award winning service

can help you and your partner to settle in the UK Here.


Contact Us for detailed Expert Advice

for full peace of mind that your Spouse/Partner Visa will be granted!


Get a Free Step-By-Step Guide to make a UK Spouse/Partner Visa!

UK Spouse & Partner Visa Step by Step Guide
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UK Spouse / Partner Visa

(Apply for Entry Clearance / Leave to Enter)

UK Spouse Visa Help | Melanie Wong Immigration Solicitor

Are you longing to reunite with your wife, husband or partner? Do you wish they could join and live with you in the UK?

Whether you are married, engaged or in a long term relationship, there is a Partner Visa solution available for you.


Learn more about them, including the requirements, fees and other frequently asked questions below.


I regularly advise and assist clients with successful Spouse and Partner UK Visa applications with 100% Success!



Find out how my award winning service with 100% Success Rate can

help you and your partner to settle in the UK Here.

We pride ourselves in a 100% Success Rate for All

Spouse/Partner UK Visa Applications we are instructed to take on

and fully manage on behalf of our Clients.



Book a Consultation now for detailed Expert Advice

and ensure your Spouse/Partner Visa Application is Successful!

Book a Consultation

Get a Free Step-By-Step Guide to make a UK Spouse/Partner Visa!

UK Spouse & Partner Visa Step by Step Guide
DOWNLOAD NOW

How can my Spouse/Partner come to join me in the UK permanently?

Spouse / Civil Partner Visas

A Spouse Visa or a Civil Partner Visa enables married or civil partners of a 'qualifying' person in the UK to enter and then remain in the UK. - A "Qualifying person" being someone who is either:

  • A British citizen
  • A person that has Indefinite Leave to Remain (ILR) in the UK
  • An EU National with Settled/Pre-Settled Status in the UK (under the EU Settlement Scheme)
  • An Irish National residing in the UK
  • A person with refugee or humanitarian protection immigration status


Fiancé(e) / Proposed Civil Partner Visas

A Fiancé(e) Visa or Proposed Civil Partner visa enables you to enter the UK on the basis that you are joining your settled UK partner with the intention of marrying/becoming civil partners within 6 months of joining them in the UK. 

Once married, you can then apply to switch to a Spouse visa to remain in the UK.

Spouse / Civil Partner Visas

A Spouse Visa or a Civil Partner Visa enables married or civil partners of a 'qualifying' person in the UK to enter and then remain in the UK. -

A "Qualifying person" being someone who is either:

  - A British citizen

  - A person that has Indefinite Leave to Remain (ILR) in the UK

  - An EU National with Settled/Pre-Settled Status in the UK (under the EU

    Settlement Scheme)

  - An Irish National residing in the UK

  - A person with refugee or humanitarian protection immigration status


Fiancé(e) / Proposed Civil Partner Visas

A Fiancé(e) Visa or Proposed Civil Partner visa enables you to enter the UK on the basis that you are joining your settled UK partner with the intention of marrying/becoming civil partners within 6 months of joining them in the UK. Once married, you can then apply to switch to a Spouse visa to remain in the UK.

Spouse / Civil Partner Visas

A Spouse Visa or a Civil Partner Visa enables married or civil partners of a a "qualifying person" in the UK to enter and then remain in the UK. A "Qualifying person" being someone who is either:

- A British citizen

- A person that has Indefinite Leave to Remain ( ILR ) in the UK

-  An EU National with Settled/Pre-Settled Status in the UK (under the EU

Settlement Scheme)

-  An Irish National residing in the UK

-  A person with refugee or humanitarian protection immigration status


Fiance(e) / Proposed Civil Partner Visas

A Fiance(e) Visa or Proposed Civil Partner visa enables you to enter the UK on the basis that you are joining your settled UK partner with the intention of marrying/becoming civil partners within 6 months of joining them in the UK. Once married, you can then apply to switch to a Spouse visa to remain in the UK.

Can I Apply for a UK Spouse/Partner Visa?


  • If you are a non-British Citizen living outside the UK, you need to apply for the appropriate Partner Visa to join your British or "Settled Partner" in the UK.

 

  • For non-British citizens living in the UK legally, (with a valid visa/leave to remain issued for more than 6 months, i.e. not a visitor, and whose visa/leave has not yet expired), you can apply for a Partner Visa while you are in the UK  and remain in the UK. - If this is your situation, find out more about Form FLR (M) here.

 

  • For non-British citizens living in the UK as a visitor, or as an overstayer not having a valid visa, you must return home and submit an application from there, unless there are children or other compelling factors involved, which could enable you to submit an application from the UK.

 

  • Partner Visas include applications for a Fiance(e), or Proposed Civil Partner, an Unmarried Partner (for those who have been living with their partner continuously for 2 years or more), a Spouse, or a Civil Partner.

 

How Much does a Spouse/Partner Visa Cost?

The Home Office Fee

The Current Home Office fee for all partner visa applications made outside the UK is £1,846. For applications made inside the UK (using Form FLR M), the fee is £1,048.  Note, that you would typically only 'make an application inside the UK' if you are either switching from a Fiancé(e)/Proposed Civil Partner visa to a Spouse/Civil Partner Visa (once you are married), or you are extending your existing spouse visa to remain in the UK.


The Immigration Health Surcharge

For all partner visas with a term over 6 months (i.e. NOT Fiance(e) or proposed civil partner visas), you will also need to pay for the Immigration Health charge which gives you access to the National Health Service (NHS) for the duration of your visa term. This fee is mandatory and is currently £3,105 (for entry clearance visas applications) and £2,587.50 (for FLR M/applications being made inside).


Want more Professional Support and Guidance for your

UK Spouse/Partner Visa Application?

Spouse Visa UK Help | Melanie Wong

We pride ourselves on our High Success Rate for all UK Spouse/Partner Visa Applications we have been fully instructed to take on.


To help you achieve a successful outcome for you/your loved one(s), we have put together a range of Services and Tools specifically for UK Spouse/Partner Visa Applications including Step-by-Step Guides, Templates, DIY Application Packs, Documents Checking Service and More!

FIND OUT MORE

How Long Does a Spouse Visa Application Take?

The average time for the Home Office to make a decision on a partner visa uk application is currently 2-3 months.  You also have the option to fast track your application by paying an additional premium/fee.

Delays in your application being processed can occur if the Home office require more information or further documents to support your application.

What you Can and Can't do on a Partner Visa UK 

Fiancé(e) Visas:


You Can:


 

You Cannot


  • Apply for/switch to this visa from another visa category while you are in the UK
  • Work
  • Study
  • Extend your existing visa/stay in the UK with another Fiancé(e) visa application (*with some exceptions)

 

Spouse Visas:


You Can:

 

  • Apply for this visa outside the UK
  • Switch to this visa from another valid visa category and remain in the UK (via FLR M) once you are married
  • Extend your visa to remain in the UK (via FLR M)
  • Work
  • Study

 

You Cannot:

 

  • Claim benefits/other public funds for you or your dependants (though there are exceptions to this)
  • Apply for UK settlement  until you are eligible i.e. have been in the UK for the required period of years

 

What Are the Requirements?

For an application to be successful, Applicants must satisfy all of the requirements under Appendix FM of the Immigration Rules, such as:

1. The Suitability Test Requirement; and

2. The Eligibility Requirement, which includes the Relationship Requirement, the Financial Requirement and the Accommodation Requirement;

3. The English Language Requirement; (if they are citizens of countries that are not exempted from meeting the English language requirement) and

4. The Tuberculosis Test Requirement (if they are citizens of certain countries, as listed by the Home Office)


How Can We Satisfy The Requirements?

To demonstrate that all of the requirements are met, supporting documents from both the Applicants and their Settled Partner must be submitted, AND that these documents comply with Appendix FM-SE (Supporting Evidence) of the Immigration Rules , i.e. the documents you submit must be specific. It is the quality of the documents that is important, not the quantity.


What Happens When The Application is Successful or Unsuccessful?

 

  • If an application is successful, the Applicant is granted with a visa, which is stamped on their passport. If applying as a Fiance(e) or a Proposed Civil Partner , the visa is granted for a maximum period of 6 months. Once they are married, they can then apply to the Home Office (without leaving the UK) to switch to leave to remain as a civil partner/spouse. If applying as a Spouse / Civil Partner/ Unmarried Partner, the visa is granted for a maximum period of 33 months (just over 2 and a half years), which they can then extend for a further 2 and a half years. Once the applicant has had a minimum of 5 years' partner visa, they will then be eligible to apply for Indefinite Leave to Remain (ILR) in the UK.
  • If an application is unsuccessful , the Applicant may have a right of appeal to the Immigration Appeal Chambers, (IAC), or they can re-apply again.

 

Get a Free Step-By-Step Guide to make a UK Spouse/Partner Visa!

UK Spouse & Partner Visa Step by Step Guide
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uk spouse visa applicants


Can I include Children on my Application?


Children under the age of 18 can apply with you. Dependent children over 18, however cannot apply with you unless they were originally granted leave in this category when they were under 18 and do not live an independant life e.g. They have left home, are married and have a family of their own. Note that you must also pay the respective Home Office and IHS fees for each dependent that is also applying.


Are there other Requirements?


The Financial requirement

In order to satisfy the financial requirement you must meet a minimum income threshold of £18,600 (*On 11 April 2024 the income threshold will increase to £29,000 for all spouse/partner entry clearance visas and this will also apply to those who are not already on the partner route and applying to switch to the route from another visa category inside the UK).



This threshold increases to £22,400 where you are applying with a dependant child, and then further increments of £2,400 for each additional child.

You can meet this via your spouse/partner's income from employment or self-employment, or your own income (if you have permission to work in the UK).


You can also meet this with cash savings over £16,000, pensions, maternity allowances or bereavement benefits received in the UK.You are exempt from having to meet the minimum income threshold if your spouse/partner is in receipt of specific benefits or allowances. In which case, you will need to provide evidence of adequate maintenance for you and any dependants.


Accomodation

Additionally, you must also have adequate accommodation for you and any dependants that live with you.


The English language requirement

Unless you resided in a country where English is the primary/dominant language e.g. USA or Australia, you will need to demonstrate you have good knowledge of the the English Language.

This can be met by having a degree or academic qualification that was taught or researched in English and recognised by UK NARIC otherwise you will need to take an English Language Test.


These are the primary requirements but there are many other elements for a successful UK Partner Visa application. There is whole host of information you must provide, and the type of supporting documents you and your sponsor must include, will depend on you and your partner's own circumstances.

It is not a cheap visa application to make, and any mistakes could be costly and stressful should your application be refused as a result.

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If you have any concerns about meeting the requirements, or submitting the correct documents to support your application,

Contact Us now for expert advice and full peace of mind that your application will be successful.


Want your Application to be completely managed by a Spouse Visa Specialist?


* Get Expert Advice and Support to submit your UK Spouse/Partner Visa Application.


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* Have your Application processed Quickly and Efficiently.


* Ensures your Application has the Highest Chance of Success.


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Related Articles
Switching to the UK Partner Route from another Visa Category
By Melanie Wong 07 Feb, 2024
This article explains how individuals on another Visa Category in the UK can switch to the UK Spouse or Partner category and when they are eligible to do so.
spouse visa uk fee
By Melanie Wong 06 Feb, 2024
Learn how much the Spouse Visa Fee is as well as the additional costs you have to consider when planning to make a Spouse or Partner Visa Application.
Minimum Income Threshold for UK Partner Visa 2024
By M WONG 31 Jan, 2024
From Spring 2024, the minimum income requirement for a spouse or family visa will be raised to £29,000 from the current level of £18,600.
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By Melanie Wong 31 Jan, 2024
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Frequently Asked Questions -

UK Spouse/Partner Visas

  • How much are the fees for a spouse visa?

    The current fee for a Partner Visa application to come to the UK is £1,846. This is ONLY refundable if the applicant has not attended their biometric appointment. Otherwise, the fee is non-refundable. In most cases, this can be paid online. It can also be paid at the visa centre on the biometric appointment date.

    The fee is payable in the local currency where the Applicant is applying, or in USD. This is something to keep in mind, as the fee could therefore be more or less than the stated amount in GBP (£s), as this will depend on the currency exchange rate on the day the payment is made.

  • Is the visa fee for a Partner Visa refundable if the application is refused?

    No, the visa fee is non-refundable if the application is refused.

  • What other fees do I also need to consider?

    As well as the visa fees, there is also the Immigration Health Surcharge (I.H.S) fee, which is a mandatory fee. This enables the Applicant to access the NHS. The current fee is £1,035 for every year of the visa. As the spouse/civil partner/unmarried partner visa is valid for 33 months, the total fee is £3,105. This fee is only payable online, and only after the application form has been submitted.


    If the Applicant is a national or a resident of a country that is not exempt from meeting the English language test requirement, then another fee to bear in mind is for the Applicant to pass the IELTS test or obtain a letter from UK NARIC in order to meet the English language test requirement. The fee for which can cost from £150.


    Also, if the Applicant is a national or a resident of a country that is not exempt from meeting the Tuberculosis (TB) Test requirement, then another fee to bear in mind is for the Applicant to take the TB test and obtain a certificate from a Home Office approved clinic/hospital. The fee for this is also from £150.


    For a further look into the hidden costs you need to consider when making a partner visa application, checkout this article.

  • My spouse does not speak English and is illiterate. He/She does not have any mental health issues or physical disability. He/She is 40 years old. Does he/she need to pass the English Language test?

    If the Applicant is a national or a resident of a country that is not exempt from meeting the English language test requirement, and they are under the age of 65, and they do not have any physical and/or mental health reasons that would prevent them from taking the test, or they do not have a Bachelor's/Master's Degree that was taught or researched exclusively in English, then they must pass the English language test in order to meet the requirement.

  • How long does the application process take? My spouse and I would like it to be finished in a month, is that possible?

    On average, the UKVI can take between 4-5 months to make a decision on a Spouse Visa application. Complex cases (such as those that have been previously refused or those with adverse immigration history in the UK) may take longer. The actual time it takes depends on a case-by-case basis.


    Applicants can also opt to pay an additional fee to the UKVI for their application to be expedited. This is called the Priority Visa Service (PVS) and is an additional fee of £500. This is payable online or at the visa centre on the day of the biometric appointment, and is payable in the local currency or in USD.

  • What is the Priority Visa Service? (PVS)

    The PVS is an additional service available for those who would like to receive a decision sooner than 4-6 months. The UKVI takes between 30 to 60 working days (Monday to Friday) to make a decision on the application, if the PVS is paid. However, the PVS is not recommended for those who have previously been refused a UK visa, or those with complex cases such as those who have had adverse immigration history in the UK, (for instance if they previously lived illegally in the UK before returning home and applying for a spouse visa).

  • How soon can you get our application ready? We are eager to get this going in the next few weeks so that we can enrol our children at a nearby school in the UK.

    My average turnaround time is 2-3 weeks. This is usually if the Applicant and the Sponsor have all their documents ready. (See question below on what supporting documents are required).


    If time is of the essence, and clients would like to have their application and supporting documents submitted within a week, or within less than 2 weeks, I can also accommodate this, although I will charge an additional fee on top of my usual fees. The additional fees will be communicated with you from the outset and agreed upon by all of us before any work is commenced.

  • What are the supporting documents required for a Spouse Visa?

    There are many documents involved for a spouse visa application. Once I am instructed, I tailor-make a list of documents for each of my clients. Not all cases are the same and every circumstances are different, which means that the type of documents you submit to the UKVI will depend on your circumstances. It is not a case of "one-size, fits all."


    As with all applications made to the UKVI, the QUALITY of the documents trumps the QUANTITY of the documents submitted. In almost all cases for spouse visa applications, the Applicant and/or the Sponsor are not interviewed, and even when they are, this is usually part of the UKVI's decision-making process. 


    Therefore, the onus is ALWAYS on the Applicants and their Sponsors to submit their relevant documents to the UKVI as part of the application process. The UKVI will base their decision on these documents. 


    It is also important to bear in mind that the UKVI do not chase up the Applicants and the Sponsors for their documents. It is only in certain circumstances that they will do so, for instance, to ask for a bank statement if this is part of a sequence of bank statements. For example, the Sponsor submitted bank statements for January until December 2018, but the bank statement for July 2018 is missing. In this case, the UKVI MAY ask for the July 2018 bank statement.


    However, in my experience, the UKVI do NOT ask for documents and they are not legally bound to do so, either.


    This is why the supporting documents are vital to the Applicant's application. Your future life in the UK effectively depends on these.


    I also offer a documents-checking service where I will review your documents and advice you on these before you submit them to the UKVI. If you also want your application reviewed before you submit it, I can also check this (in addtion to the supporting documents). This service is available for those who do not wish to instruct a solicitor for a full-service (handle the entire application process on their behalf). This offers peace of mind knowing that you have done your utmost to ensure that your application has a high chance of succeeding, so this service can (and has proved to) be priceless.

  • What happens if the application gets refused?

    My aim is to do everything possible to avoid the refusal of any application. I am invested in all of my clients' cases and endeavour to ensure that the Applicant receives a positive decision from their first attempt.


    That being said, I do not work for the UKVI and cannot influence their decision. There will be some instances where the UKVI will refuse the application. When this occurs, the Applicant is usually given the right of appeal.

  • Is there a deadline to appeal a Spouse Visa Refusal?

    The Applicant has 28 days from the date of the decision to submit the Notice of Appeal form to the Immigration Asylum Chambers (IAC), which will then be placed at the First Tier Tribunal (FTT) in the UK. The appeal can either be an oral hearing, or a paper hearing. I always advise on having an oral hearing as this gives the Sponsor, and/or their legal representatives (if the Sponsor is unable to attend), the opportunity to present their case effectively to an Immigration Judge. A paper hearing does not provide such an opportunity because the IJ's decision will be based solely on the documents presented to them by the UKVI and the Applicant and Sponsor.

  • When will we get a decision on an appeal?

    The disadvantage of appealing is that it can take up to a year before a hearing (oral or paper) is listed by the FTT. In between that, the UKVI should review their decision, however, this is not always a guarantee, and in some cases, the UKVI will simply wait for the appeal to proceed, even if their prospects of success is low. 


    Another disadvantage is the costs involved, especially if you would like a legal representative to advise and assist you with your appeal. The costs can start from £2,500 and upwards, depending on the complexity of each case.


    Many Applicants are deterred by the time and costs involved in appealing, and so choose instead to submit a fresh application, which they can do whenever they are ready to proceed.


    Nevertheless, in some instances, it may be advisable to appeal against the decision. This will, as always, depend on the reasons for the refusal of the application.

  • I have heard about the financial requirement for a spouse visa but I don't understand it. What is this requirement and do we need to satisfy this?

    The financial requirement is only one of the requirements for a Spouse Visa, but is also one of the most important ones to meet. Most of the rejected Spouse Visa applications were refused by the UKVI because the Financial Requirement was not met.


    There are many categories within the Financial Requirement itself, which can make it complex. In essence, if the Sponsor is working, they must show that they are earning at least £18,600 gross per annum (i.e. salary before tax is deducted). 


    This is called the minimum income threshold. The threshold is increased if there are also dependent children applying at the same time (i.e. children aged under 18, and who are not British nationals/EU Nationals, or do not have Indefinite Leave to Remain/Enter in the UK).

  • What if I earn less than the minimum income threshold?

    In some instances, the UKVI will accept other types of income (for instance non-employment income such as rental income), to add with the Sponsor's salary from their employment. This area requires  detailed advice and will depend on your circumstances. Please contact me, Melanie Wong, on 0203 302 6864, or info@immigrationadvicelondon.co.uk for a free initial chat.

  • Can I still get a Spouse Visa if I don’t meet the financial requirements?

    Yes, and this will depend on the Sponsor's individual circumstances. For instance, if they have a cash savings of at least £62,500, and/or they are in receipt of certain welfare benefits.


    This requires detailed advice and will depend on your circumstances. Please contact me, Melanie Wong, on 0203 302 6864, or info@immigrationadvicelondon.co.uk for a free initial chat.

  • My partner (the one who is coming to join me in the UK) is working and earns a good salary. Can their income be included in the financial requirement?

    If the Applicant is submitting an application for entry clearance as a spouse, in order to enter and live in the UK, then the answer unfortunately, is NO.


    The financial requirement for entry clearance as a Spouse is based on the SPONSOR's financial circumstances.


    However, if the Applicant is making an application for leave to remain as a spouse, while they are living in the UK with an unexpired visa valid for more than 6 months (for instance as a student or as a worker), i.e. they are switching to a different immigration category, then YES, their income can be included or combined with the Sponsor's income, in order to meet the financial requirement.

  • I am a British national and unemployed. I receive Income Support. I am married to a Nigerian national and would like my spouse to join me in the UK. How can we do this?

    Unfortunately, in this instance, it appears that the financial requirement cannot be met. However, I would advise you to contact me on 0203 302 6864, for a free initial chat, to discuss your case further. It may be that you have other circumstances that could be taken into account by the UKVI, order to meet or be exempted from meeting the Financial Requirement.

  • I am in the UK on a Student/Skilled Worker visa. Can I switch to a Spouse Visa?

    Yes.  If you marry/become civil partners with a British national or settled person, you would be eligible to switch from your current visa and apply for leave to remain as a spouse of a person present and settled in the UK (FLR M). 

  • Can I settle in the UK on a Spouse Visa?

    Yes, you can, although this will take a few years. The initial spouse visa is granted for a period of at least 2 and a half years. Shortly before this expires, the applicant must apply to extend their stay, or apply for what is otherwise known as leave to remain in the UK as a spouse. If successful, this is granted for a further 2 and a half year period. Once the applicant has had at least 5 years' leave as a spouse, the applicant will be eligible to apply for Indefinite Leave to Remain (ILR) providing they meet the requirements for ILR.

  • What happens if my relationship ends?

    If your marriage breaks down while you have leave to enter/remain in the UK as a spouse, i.e. during the 5-year period, your leave may be curtailed (shortened) by the Home Office, and you will receive a notification from the Home Office confirming this. This usually happens if the applicant's Sponsor informs the Home Office that the marriage has broken down.


    For example, if your current leave does not expire until December 2021, but your relationship breaks down and you separate from your spouse in July 2021, and the Home Office is made aware of the breakdown of your marriage, the Home Office can shorten the validity of the visa from December 2021, to August or September 2021, i.e. at least 60 days.


    Even if this does not happen, when you are eligible to apply for an extension or ILR, you may not be eligible to do so since you are no longer with your spouse/Sponsor.


    There are exceptions to this, and this will include if the marriage breaks down because of domestic violence, for instance. In such cases, it would be advisable for the applicant to obtain legal advice as to what, if any, you can do to regularise your stay in the UK.


    Please contact me, Melanie, on 0203 302 6864, for a free initial chat to discuss your case, or send me an email: info@immigrationadvicelondon.co.uk. 

  • I am a British citizen married to a Filipino national. I am working in the UK. We do not have children (together or with previous partners). How can my wife join me in the UK permanently?

    Your wife will have to apply for a spouse visa in order to join you in the UK permanently. If she is not already in the UK with a visa valid for longer than 6 months (not a visitor's visa), she will have to submit the application and her biometric information at her local visa centre in the Philippines.


    You will need to ensure that your wife meets all of the requirements for a spouse visa. Please call me, Melanie on 0203 302 6864, for a free initial chat to discuss your case, or send me an email: info@immigrationadvicelondon.co.uk.

  • I am an Indian national and have Indefinite Leave to Remain in the UK. I am working in the UK and have a stable job. My wife is in India and looks after our son, who is 2 years old. I visit them every year but this is not enough. I miss them dearly. How can I bring them over to the UK to join me here permanently?

    Your wife and son will have to apply for a Spouse visa and for a dependent child visa in order to join you permanently in the UK. You will have to ensure that you meet the requirements for a spouse visa, including the financial requirement. Because you have 1 dependent child who is also applying with your wife, the minimum income threshold will be calculated as £18,600 plus £3,800. The Sponsor must therefore be earning a salary of at least £22,400 gross per annum.

  • I am a British citizen and separated from my wife. I am in a new relationship with a Chinese national and we would like to get married in China. How can I get her to join me in the UK permanently?

    You will first need to obtain your final divorce certificate (or Decree Absolute if you are both domiciled in the UK) before your new partner can apply to join you in the UK. This is a requirement under the Relationship Requirement rule. It states that any previous relationships (of the Applicant and the Sponsor) must have permanently broken down before an application for a Partner visa is submitted.


    Once this is obtained, you must then decide where you will marry. If you wish to get married in the UK, then your partner must apply for a fiance visa (or proposed civil partner for those in same-sex relationships).  Please call me, Melanie on 0203 302 6864, for a free initial chat to discuss your case, or send me an email: info@immigrationadvicelondon.co.uk.

Sample Partner Visa Cases: Below are some examples of previous cases I have handled


1. Fiancée Visa Application:

Question: A is a British national living and working in the UK. B is an American citizen currently living and working in America. They are engaged and have already met in person. They would like to get married in the UK and for B to eventually settle in the UK with A permanently. A cannot travel to America because of a previous criminal conviction, and so they cannot marry in America. What can they do?


Answer: Because A is a British national, and B is a non-EU National and would require a visa to settle permanently in the UK, B has to apply for a fiancée visa, or what is termed as "entry clearance as a fiancée of a person present and settled in the UK." 


The first step is to ensure that they have gathered all of the supporting documents they need to submit in support of the application. 


Once all of these are ready, the application form must then be completed online and submitted. The couple also need to ensure they know the procedure of submitting the documents i.e. whether they can be uploaded electronically or brought with them at the biometric appointment (see post on where to submit supporting documents here).


The biometric appointment must then be booked and the visa fee paid. I always advise for the visa fee to be paid online to ensure less delays for the applicant when they attend their biometric appointment. (For fiancé(e)/proposed civil partner applications, the I.H.S. fee is not applicable). Then the applicant attends their biometric appointment and wait for the decision from the UKVI. 


If the application is successful, their passport will be stamped with a "vignette" which will be valid for 6 months, maximum. B must enter the UK within this time frame, and also get married. 


As soon as they are married, or at least 28 days before their fiancée visa expires, B must then apply for leave to remain in the UK as a spouse of a person present and settled in the UK. This is a separate application which means paying a separate fee to the Home Office, as well as the I.H.S fee. The application can be made while B is in the UK. If successful, B will be granted with an initial 2 and a half year leave. B will then need to apply for an extension shortly before this expires (at least 28 days before expiry). If the extension application is successful, B will be granted with a further 2 and a half year leave. After at least 5 years on the Spouse Visa route, B will be eligible to apply for Indefinite Leave to Remain (ILR) in the UK, providing all of the requirements for ILR are met. 


2. Spouse Visa Application- British Spouse is Living and Working in the UK and earns at least £18,600 gross per year

C is a British national and recently got married to her husband, D, in India. He is an Indian national. They do not have children together or with former partners. C lives with her parents in their house in Kent, which they own. C also lives with her brother, his wife and their 2 children aged 2 and 5, also in the property. The property has 4 bedrooms and 2 separate reception rooms. C would like for D to join her permanently in the UK. 


D requires a visa to enter and remain in the UK, and so would need to apply for a spouse visa to join C permanently in the UK. As above, they must ensure that they have gathered all of their supporting documents first before submitting an application form online. The visa fee and the IHS fee must also be paid, and the biometric appointment booked. D must attend the biometric appointment and bring with him all of the supporting documents, which he or a member of staff at the visa centre, must scan. The scanned documents will then be sent to the UKVI electronically. 


D must then wait for the decision. As they did not pay for the Priority Visa Service to expedite the application, the decision takes about 4 months. If the application is successful, D will have a vignette on his passport which will only be valid for 30 days. He must then travel to the UK within this time frame. Within 10 days of arriving in the UK, or at least before his vignette expires, he must obtain his Biometric Residence Permit (BRP) Card from his local participating Post Office. The BRP Card is important because it confirms his details as well as his immigration status in the UK- i.e. that he has a spouse visa. The issue date and the expiry date will also be on the BRP card.


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