A partner (fiance(e)/spouse/unmarried partner/civil partner/proposed civil partner) of a person present and settled in the UK, who is a non-EEA citizen, and who is living outside the UK, must apply for entry clearance, (visa), to be able to come to the UK. To be granted a visa, they would need to show that they meet all of the requirements for a partner visa , as stated under Appendix FM of the Immigration Rules.

The requirements are that

• The applicant must be outside the UK;
• The applicant must have made a valid application for entry clearance as a partner;
• The applicant must meet the “Suitability” test;
• The applicant must meet the “eligibility” requirements which include:

i) the relationship requirements;

ii) the financial requirements;

iii) the accommodation requirements; and

iv) the English language requirement

All of these factors need to be met in order for the applicant to be granted entry clearance as a partner. In addition, they must also submit documents in support of their application to confirm how they meet each of the requirements stated above. These documents must be those that are specified under Appendix FM-SE of the Immigration Rules, as failure to provide the correct and relevant documents could mean a refusal of the application, resulting in either a fresh application, or an appeal to the Immigration Appeals Tribunal (IAT), whereby an Immigration Judge in the UK will consider whether or not the Entry Clearance Officer (ECO) was correct in refusing the application.

How can I show that I meet these requirements?

The first 2 requirements are met if the applicant is submitting an application in their home country, (i.e. outside the UK), or a neighbouring country (if there is no British Embassy in their country of residence), and if the applicant is making an application as a partner in order to join their settled partner in the UK, on a permanent basis.

What is the “Suitability” test/requirement?

Briefly, this relates to the applicant’s character and immigration history (if any) in the UK. For instance, if the applicant has criminal convictions in the UK or in another country, if they have been deported from the UK in the last 10 years, if they have been in breach of their conditions of stay in the UK, (if they previously lived here), and if they owe any money to the NHS (if they stayed in the UK and received medical care at an NHS hospital). These factors will be taken into account by the ECO, and failure to disclose such information could result in a refusal of the application.

Relationship Test/Requirement

At the time of making an application, both the applicant and sponsor partner must:

• Be over 18
• Have met in person
• Not be related to each other
• Be in a genuine and subsisting relationship
• If either person were previously married/in a civil partnership, the previous marriage/s must have permanently broken down
• Intend to live together permanently in the UK once the visa is granted

The Financial Requirement

This is the most difficult requirement for most couples to meet. Briefly, the settled partner must show that they receive an income of £18,600 (for both of the couple), per year. This figure increases if the couple have children who are non-British citizens, and who are also coming to the UK to join the settled partner.

The income can be from employment, self-employment or non-employment such as rental of property, for instance.

There are various “categories” regarding the financial requirement, and these categories include employment for 6 months or more, employment for less than 6 months, self-employment, non-employment income, savings, etc.

These categories can either be added together, (if allowed), or not. Advice from a legal expert is vital in order to determine whether this requirement, (among others), is met, and if not, if there are other ways to meet this requirement.

There are also exemptions to the financial requirement. For instance, if the settled partner is in receipt of certain welfare benefits, such as Carer’s Allowance, then they will be exempted from meeting the financial requirement. They do, however, need to satisfy that the maintenance and the accommodation will be adequate for all of them, without further recourse to public finds. The test of “adequacy” will be discussed further on a separate article in this blog.

The Accommodation Requirement

This relates to the property where the couple will be living. If the couple have no children, then 1 room in a shared flat/house, is sufficient, either rented or owned. If the couple have a child/children over the age of 10, they will need a separate room for the child. This could be a 1 bedroom property with a separate sitting room (which is not shared with anyone else), or a 2 bedroom property. The housing regulations regarding overcrowding rules are used as a guideline in terms of “adequate accommodation.”

The English Language Requirement

For a partner visa application, a minimum of level A1 pass mark for the English language test is sufficient to meet this requirement.

There are also exemptions to this requirement. This includes children under 18 years old, applicants over the age of 65, if the applicant is a citizen of a majority English-speaking country, such as the USA, for instance, or if the applicant has studied a degree. If this was studied outside the UK, and was taught in English, the applicant must show that the UK NARIC has deemed their degree as equivalent to that of a UK degree. If they studied a degree course (Bachelor’s and/or Master’s), in the UK, then this should be sufficient to show that they are exempted from passing an English language test.

Let Us Help You with your Spouse/Partner Visa Application

As you can see, there are many requirements that need to be addressed and met by a partner visa applicant before they can be granted with a visa. All of these requirements must be evidenced by supporting documents, and these supporting documents must be ones that have been specified on the Immigration Rules. This type of application is not straightforward and it is recommended you seek assistance from a UK Immigration expert if you have any concerns about your application.