Common Mistakes in UK Spouse Visa Applications

The process of applying for a UK spouse visa can be surprisingly complex. Indeed, the UK Government refuses a significant number of applications each year because of seemingly small mistakes – when this happens, the filing fee and any priority processing fee is lost (ranging from around £1,000 to £2,500). Of course, the time and effort spent preparing the application is also lost, putting your UK relocation timeline back by a few months. Working with an experienced UK immigration lawyer from the outset is the best way to avoid these common pitfalls and to successfully obtain a UK spouse visa on your first attempt.

Here are four mistakes to avoid when applying for a UK spouse visa:

1) Insufficient Evidence of the Financial Requirement

Applicants must prove their sponsor (a British/settled spouse) earns at least £18,600 per year – although this amount increases for each non-British child applying as well. Applicants who already hold a UK visa can include their own income, while applicants from overseas must rely on the British/settled spouse’s income only. This income can be from employment, self-employment, rental income, etc – however by far the easiest way to evidence income is through salaried employment. If the British/settled spouse is also returning to the UK at the same time as the applicant, then they must have a job offer starting in the UK within three months of their return which must also pay at least £18,600 gross per annum.

It is also possible to rely on cash savings to meet the financial requirement, however the calculation can get complicated when combining employment income and cash savings. For simplicity, where an applicant is relying on cash savings alone the level will be £62,500 which must usually be held at this level for at least six months beforehand (this level also increases for each non-British child applying). Cash savings can be held in the applicant’s name, the partner’s name, or their joint names. Importantly, cash savings cannot be offered/guaranteed by a parent or other third party and they must also be highly liquid (i.e. not tied up in investments) – these are two common mistakes.

One of the biggest pitfalls in UK Spouse Visa applications relates to the documents evidencing the financial requirement. For example, where six months’ worth of bank statements are required, an applicant might only submit five and a half months’ worth, or where six months’ worth of payslips are required an applicant might submit six non-consecutive months. One major advantage of working with a UK immigration lawyer who is experienced in UK spouse visa applications is that they should be able to help you prepare the financial documents correctly and ensure all of the requirements are met before the application is submitted for consideration (avoiding costly mistakes).

2) Insufficient Proof of Relationship/Marriage

Applicants seeking a UK spouse visa must prove their relationship with the British/settled partner is genuine. This involves providing a valid marriage certificate with other corroborating relationship documents e.g. birth certificates for shared children, support letters from friends and family, evidence of joint asset ownership or shared bank accounts. The key is quality over quantity – one common mistake is to inundate the caseworker with relationship evidence (hundreds of emails, texts, etc) – this is counterproductive and likely to delay the application. A UK immigration lawyer should be able to assist you with selecting the necessary relationship evidence to ensure the application is streamlined yet well-supported. Generally speaking, five to 10 high quality items of evidence should be sufficient although more documents may be required if there are any complicating factors. Divorce certificates for any previous marriages on either side must also be submitted.

Where a couple is not married, they can still apply if they have been living together for at least two years in a ‘relationship akin to marriage’ – official documents spanning the full two year period must be submitted (e.g. leases, bank statements, utility bills, etc). Importantly, this does not include extensively visiting each other in your respective home countries – this is another common pitfall.

3) Failing to Complete Specified Medical Tests

Applying for a UK spouse visa may require the applicant to complete a Tuberculosis (TB) test at an approved clinic within the last six months, depending on the country the applicant is submitting their application in. If you are working with a UK immigration lawyer, they should alert you to this requirement early in the process so you will have time to book the necessary appointment.

Failing to complete the medical tests or submitting expired tests can result in instant refusal, so it is important to get this right.

4) Taking the Wrong English Language Exam

It may be necessary to sit an English language test before applying for a UK spouse visa. There are exceptions to this requirement, for example where an applicant is from one of the countries the Home Office lists as majority English-speaking (e.g. the US or Canada). If an English language test is required, it must be an approved test taken at an approved test centre (and passed to the required level). A UK immigration lawyer can help you to determine whether an English language test is required and, if so, to book the correct test.

Reputable UK-Bound Immigration Services

Working with a trustworthy UK immigration law firm can significantly ease the stress and difficulty involved in obtaining a UK spouse visa. At Eversage Associates, our team of qualified UK immigration lawyers is very well-experienced in UK spouse visas, including those with complicated backgrounds. We are ready to help you by simplifying the process and keeping the visa element of your UK relocation stress-free.