Entering the UK as a Spouse of a Settled Person (Entry Clearance)

You need a ‘family of a settled person’ visa (also known as a UK marriage visa or a spouse visa) if you want to enter the UK together with a partner (or a spouse) or who is already living in the UK permanently and you are not British or settled or from outside the European Economic Area (EEA) and Switzerland.

For you to succeed in this application, you’ll need to meet 3 key elements:

You Are Outside the UK and You Made a Valid Entry Clearance Application
Your Meet the Suitability Requirements
You Meet the Eligibility Requirements

1. You Are Outside the UK and You Made a Valid Entry Clearance Application

In this article, I explain the rules for those, who are outside the UK and would like to join their spouses from outside the UK. Although it is possible to ‘switch’ to this category when in the UK, other rules will apply.

In order to make ‘a valid entry clearance application’ you’ll need to follow 5 steps:

complete the correct online form
pay the fee
submit your passport together will all the supporting documents with your visa application
pay the Immigration Health Surcharge for 33 months and provide a Tuberculosis tests certificate. This is provided your country is on the Home Office Tuberculosis Tests list.
submit your biometrics.

2. Your Meet the Suitability Requirements

What does this mean? It means that you proved to the decision-maker (the British Embassy or British High Commission) that you are a ‘suitable person’ to enter the UK.

I wrote an article, explain this particular aspect of the application. However, in general terms, it means that a person should not be subject to deportation or exclusion orders. If they had any criminal convictions, these should not exceed 4 years of imprisonment and should be ‘spent’. In other words, a certain period of time has passed after you make your spouse visa application.

The decision-makers will also look at things such as debts to the NHS, if over £500. They’ll also take into consideration any unpaid litigation costs to the Home Office.

3. You Meet the Eligibility Requirements

These consists of 4 components:

relationship requirements
financial requirements
accommodation requirements
English language requirements

3.1 Relationship Requirements

Your partner is either a British Citizen or holds Indefinite leave to remain in the UK. Alternatively, they can hold refugee leave or with humanitarian protection leave
You are both over 18
Not related to each other in a way, which is not allowed by law (not close relatives)
You have met in person
Your relationship is genuine and subsisting
Your marriage is recognised in a country where it was concluded
If you apply as a fiancé(e) or proposed civil partner you need to prove that you have the intention of getting married or concluding a civil partnership before the expiry of your visa
Also, if you were married or in a civil partnership before, your previous relationship has broken down permanently
if you are a fiancé(e) or proposed civil partner you have the intention of marrying a person, who is mentioned in your application form.
You have the intention to live together permanently in the UK.

3.2. Financial Requirements

Your partner will need to have a gross annual income of at least £18,600 in order to meet this requirements. If you are applying together kids, who are not British citizens or nationals of EU, you’ll need to have an additional £3,800 for the first child. And an additional £2,400 for each additional child.

These requirements can be met by showing that you have savings. However, you need to bear in mind that the decision-maker will only take it into consideration if your savings are above £16,000 and will be able to last for at least 2.5 years. 2.5 years is the duration of your visa spouse visa.

The formula for calculation they use is as follows:

£16,000 + (shortfall x 2.5)

You can also prove that meet the financial requirement if you receive illness-related benefits.

3.3. Accommodation Requirements

The property where you intend to live should not be:

(a) overcrowded, or
(b) contravene public health regulations.

3.4. English Language Requirements

To meet this requirement, you’ll need to have passed an English language test in speaking and listening at a minimum of level A1 of the Common European Framework of Reference. This is unless you are from a majority English speaking country or would like to apply for exemption on the grounds of your health.

Watch this video explaining the key elements of this type of visa.