Partner Visa 101
“How do I get a UK visa for my spouse or partner?”
This is probably one of the most common questions posed by British citizens in a relationship with a non-British partner. The answer should be straightforward, but in reality it opens up a proverbial can o’ worms. Indeed, most couples are unpleasantly surprised by the complexity of this visa category when they begin their research, and the ensuing anxiety can often dull the excitement of their big move to the UK.
Perhaps the most obvious requirement is that the applicant must have a genuine and subsisting relationship with a British or ‘settled’ partner (the latter refers to non-British individuals holding permanent residence or who are otherwise considered ‘settled’ in the UK). For couples who are married or in a civil partnership, this usually involves submitting a copy of the relevant certificate. If you have been in a long-distance relationship, you may need to submit additional evidence to show the genuineness of your relationship. The key here is quality, not quantity! Time and time again, our contacts at UK Visas & Immigration have complained about the stacks of relationship evidence submitted – this is simply unnecessary unless your relationship history is complicated, or you are applying as an ‘unmarried partner’ in which case two years’ worth of official cohabitation evidence must be submitted. Unfortunately, time spent visiting each other in your home countries does not count as ‘cohabitation’ for this purpose.
Other fairly unsurprising requirements include showing that the couple has ‘adequate accommodation’ available in the UK, and that the visa applicant does not have complicated history barring them from entering the UK (known as the ‘suitability requirements’) – for example, criminal offences, deportation orders and the use of deception in a visa application may all lead to an application being refused. We won’t delve into these in much detail here, rather let’s take a look at the meat of the application: the Financial Requirement.
The Financial Requirement often wreaks havoc for couples preparing a partner visa application – not only is the requirement itself unexpected, the UK Government is also incredibly specific in how this requirement can be met. Indeed, many refusals in this category come down to the wrong documents having been submitted, rather than the Financial Requirement having not been met. So how does one meet the dreaded Financial Requirement? By and large, the easiest way is through cash savings. For a couple with no non-British children, this involves showing that one or both of them have held at least £62,500 in their name(s) for at least six months before submitting the application. While the funds must be in cash at the time of the application, they can have been liquidated from another asset (e.g. selling a house). Importantly, the funds must be in the couple’s name(s) either jointly or separately – they cannot be pledged by a third party (e.g. a family member). If a family member wants to help, they would need to permanently gift the funds to the couple at least six months beforehand.
Fortunately, for those less cash-rich there are other ways of meeting the Financial Requirement. For example, a couple applying with no non-British children can rely on employment income of at least £18,600 per year. However, this income must come from the British/settled individual’s employment and, if the job is overseas, s/he must also have a job offer starting within three months of their arrival in the UK which will also pay at least £18,600. Things get more complicated, however, if there is a variable income and/or the individual has not been with the same employer for at least the last six months. There are other options for meeting the financial requirement (e.g. self-employment income) but they bring increasing complexity and are not covered here.
By this stage, you might be wondering: what if the British individual doesn’t work, for example if they are a full-time mother? Does this leave cash savings as the only option? The short answer is no, but the long answer is that it can be very difficult to find an alternative route. Worse yet, the level(s) of funds mentioned above increase for each non-British child applying as a dependant – for example, for a couple with two non-British children, the income level would be £22,400 and the cash savings level would be £72,000.
In summary, long gone are the days when British citizens could simply turn up at the border with their new (non-British) spouse and their marriage certificate. Instead, a UK partner visa takes careful planning – sometimes from as far as six to 12 months away from the move. If you’re in this position and you’d like help, we would love to work with you to create an immigration strategy which fits your needs. Please get in touch to schedule a complimentary phone consultation, we look forward to speaking with you!