The “Regulations on Permanent Residence of Foreigners”, which has been buzzing a while ago, has caused many Chinese netizens to be puzzled and angry. In particular, the application for permanent residence in China through the spouse channel has received the strongest opposition. So what are the conditions required to immigrate to the UK through a spouse visa?
I. Who can apply
If your spouse is a British citizen and you want to live with your partner but do not have other legal status to stay in the UK, you can consider a Spouse Visa.
2. The requirements
You and your partner need to be at least 18 years old
(1) If you come from a non-English speaking country, your English level needs to reach A1 level, which is equivalent to IELTS 3-3.5. However, subsequent signings need to pass the English test of A2 level (equivalent to IELTS 4-4.5 points). After moving to permanent residence after 5 years, you need to pass the B1 level (around 5 in IELTS) English test.
(2) If you have a British bachelor’s degree or above, or an English-taught degree recognized by the UK NARIC (All-UK Academic Accreditation Information Centre), you do not need to prove your English ability
(3) No language test is required if you are over 65
3) Funding requirements
(1) The total annual income of you and your spouse needs to reach 18,600 pounds
(2) If your child does not have British citizenship and permanent residency, or is a non-EU person, your annual income certification requirements will be higher. If there is only one child, the annual income is increased by 3,800 pounds, the total annual income will be 22,400 pounds. If you are unable to meet this, you can also meet the requirements through other ways.
4) Proof of relationship
Your marital relationship with your partner must be true and officially recognized. For example, you can provide convincing evidence, such as a marriage certificate, email and phone call records, chat records, photos, tickets for traveling together, and so on.
5) Proof of housing
In terms of visa application, spouse visas can be divided into three stages, namely: first visa, renewal, and permanent residency. When applying outside the UK, the first visa will be granted for 33 months; if you are applying within the country, the first visa will be granted for 30 months. The renewal period will be given for 30 months, and the last 60 months, that is, 5 years can be directly applied for permanent residence in the UK.
This five-year period is also known as the “trial period”, and it is used to test whether the two parties can really live together in the UK forever. If there has been no divorce, etc. within 5 years, you can apply to be called a UK permanent resident.
4. Common questions
Q: With a spouse visa, can I work and study freely in the UK?
Q: Can I switch from another visa to a spouse visa?
A: In addition to short-term visit visas, any long-term visa with a validity of more than 6 months can be converted into a spouse visa within the UK
Q: Can my child come to the UK with me?
A: If your child is under 18, you can apply for a companion visa for your child.
Q: My UK partner and I are self-employed. How do I calculate my income?
A: You need to provide documents such as company statements and tax returns. Document preparation is complicated, and you are advised to consult a professional immigration lawyer.
Q: I have not met the language and funding requirements. Can I still apply for a spouse visa?
A: If your child is British and has lived in the UK for 7 years, you should not be allowed to leave the UK under human rights regulations. However, this kind of situation is more complicated, it is recommended that you consult a professional lawyer.
Case 1: Appeal after refusal and successful application again
In past experience, we have also encountered cases where visas were refused due to salary issues, and we later appealed to us, successfully renewed the spouse visa and successfully applied for permanent residence after re-application. Ms. C was a client we met at the visa center when she just got her refusal letter for spouse visa renewal. However, her visa would expire in more than 20 days at the time, which was an urgent situation. Ms. C was at risk of separating her husband from her. After consulting with our lawyer, Ms. C decided to entrust us to help her file an appeal and re-issue a spouse visa renewal. After understanding the basic information and visa materials of Ms. C, we found that on the issue of the salary certificate, Ms. C. received a refusal letter because some details were not adequately prepared. We first helped Ms. C. appeal and delay her departure from the UK. Ensure that they do not stay illegally in the UK. During this time, she helped to reorganize the materials to ensure that every detail was correct. After we resubmitted the application, Ms. C successfully renewed her application. Two and a half years later, Ms. C found us again, and we successfully applied for permanent residence.
Case 2: A successful case based on human rights considerations
Mr. Max of Argentine descent met his British wife in France, and the two formed a family and had two lovely daughters. The older daughter was healthy, but the younger daughter was not so lucky. The younger daughter was born with a more complex genetic disease and was sent to a special ward for care. However, based on the French level of Mr. Max and his wife, it is difficult for them to communicate with the doctor to meet the basic communication needed for her daughter’s treatment. In order for his daughter to grow up healthy and peaceful, Mr. Max and his wife decided to leave France and return to Britain. However, at this time Mr. Max was holding a visitor visa. According to immigration regulations, he could not apply for a spouse visa in the UK. At the same time, because of the illness of the young daughter, the wife needs to be accompanied and cared for at home. The family’s income depends entirely on Mr. Max. The young daughter also needs to see a doctor regularly. Mr. Max’s case does not seem to meet the requirements of the USCIS spouse visa application regulations, but after learning about the family, our experienced human rights lawyers helped the family sort out the details, sorted out the materials required for the visa application, and An application letter with detailed information was written. Later, Mr. Max successfully switched from a visitor visa to a spouse visa in the UK. Two and a half years later, we helped him apply for a spouse visa extension. Now that the family lives in the UK, the health of the younger daughter has also stabilized because of better medical treatment.
In fact, there are many documents to prepare for spouse visa application, especially when it comes to proof of relationship. If the materials are not prepared well, they can be easily rejected by the immigration office. In order for you and your partner to live together smoothly, you need to carefully review the documents.
But what if you and your British partner are not married and want to live together in the UK in the short term? Then you can choose to consider the Unmarried Partners Visa and Fiance (e) Visa, we will introduce you in detail in a later article.
Our services include:
1. Assess the applicant and his/her partner’s eligibility with background check
2. Advice & explain the immigration rules, application procedure through phone, email and in person
3. Provide a full list of required document & Checking all the supporting document
4. Fill all the relevant application forms and liaise with the relevant local authorities for the required documents
5. Submit your application with our legal representing letter
6. Book the application appointment with Home Office and Visa Application Centre
7. Follow up on application until final result from Home Office 前段时间闹得沸沸扬扬的《外国人永久居留条例》，引起了众多中国网民的不解和愤怒。尤其是通过配偶途径来申请中国永居遭到了最为强烈的反对。那么通过配偶签证移民英国又需要哪些条件呢？
这五年也被称为“试验期”, 它是用来考验双方是否真的可能永远的在英国一起生活。如果5年内没有出现离婚等现象, 那么您就可以申请称为英国永久居民。
但是，如果您和您的英籍伴侣没有结婚又想在短期内一起在英国生活怎么办呢？那您可以选择考虑未婚伴侣签证（Unmarried Partners Visa）和未婚妻/未婚夫签证（Fiance(e) Visa），我们会在之后的文章里向您详细介绍。