Spouse Visa

Married to a British Citizen? This visa is for you.
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Spouse Visa

This route enables those in a qualifying relationship with a British citizen or someone settled in the UK to join them here. You must intend to live in the UK with your spouse/partner.

Provided that all requirements are met, you will be granted a visa for an initial period of two years 9 months to join your partner in the UK. After this time, provided you continue to meet the requirements and you and your partner still wish to remain in the UK, you can extend your leave for a further two-and-a-half-year period.

Upon completion of five years in this category, and subject to meeting the eligibility requirements, you will be able to apply for Settlement in the UK.

How we can help

With so many options and varying levels of complexity, you need someone who understands the different routes and the requirements of each. Herrington Carmichael’s experienced Immigration team can ensure your application is managed in a co-ordinated manner, with you kept updated every step of the way.

Key contact

Usof Shah PNG
Usof Shah
Legal Director

What our clients say about us

We have also greatly benefited from the excellent work of Usof Shah, Immigration Director, whose expertise has been instrumental in helping our members address critical skills shortages in the construction industry. Usof has provided clear, actionable guidance on immigration laws, empowering our members to legally employ skilled foreign workers and sustain their businesses. His commitment extends beyond traditional legal services - he has delivered live webinars and offered free advice to some of our SME members, which was highly valued and, in several cases, helped save their companies. This combination of deep legal expertise, accessibility, and genuine care for clients' success sets him apart from others in the field.

Throughout my UK career, I came across many solicitors and solicitor firms. But Herrington Carmichael is the best so far. Their quick response, wider knowledge, and straightforward decisions come with a very competitive advisory fee. I can easily recommend them, and I did. Their success rate for me is 100%. In a nutshell, they are brilliant.

The individual deals with my requirements and makes sure I fully understand what he is advising and what the best way to proceed is.

Responsive, commercial, and able to explain immigration requirements in clear, simple terms.

The individuals we work with stand out for being approachable, knowledgeable, and responsive. Usof Shah, in particular, has been extremely professional, helpful, and practical in his advice.

Usof Shah stands out for his strong combination of technical expertise, commercial awareness, and responsiveness. He is able to explain complex immigration matters in a clear and practical way while remaining highly approachable and solutions-oriented throughout the process. What differentiates him from competitors is the level of personal attention and ownership he brings to matters. He is proactive, detail-oriented, and demonstrates a strong understanding of the operational and business needs of his clients rather than approaching matters from a purely technical perspective. I have particularly valued his responsiveness, clear communication, and ability to manage matters efficiently under tight timelines. He consistently provides pragmatic advice and maintains a high level of professionalism, which creates a strong sense of confidence and reliability throughout the engagement.

Usof Shah and his team stood out for their professionalism, responsiveness, and clear communication.

Herrington Carmichael’s team stands out for its strong expertise in immigration matters, combined with a highly personalized and responsive service. Over the past few years, they supported me and three members of my family, managing each of our individual cases efficiently and professionally. Compared to other firms, they are notably more organized and responsive.

Thank you for helping me to apply the exceptional assurance and I got the application succeed very quickly.

Usof was a pleasure to work with and his wealth of knowledge on the topic of immigration law was evident. We collaboratively delivered a successful webinar to hundreds of construction professionals on the post-Brexit immigration system and Usof was able to answer complex questions on the spot, demonstrating his attention to detail and professionalism. We would not hesitate to recommend Usof and Herrington Carmichael.

Usof Shah has been a great source of information and guidance both in setting up to become a sponsor and also in getting candidates sponsored.

The team provides useful guidance and support on the pitfalls and processes of being a sponsor. The team helps set everything up to become a sponsor as well as assisting with processing CoS applications.

Meet our experts

Dedicated professionals ready to assist you.

Usof Shah PNG
Legal Director
Neelu-Gurung-PNG
Paralegal

Frequently Asked Questions

Find answers to your most pressing questions about our services and processes.

The requirements of the Spouse/Partner visa are:

  • You are seeking to enter the United Kingdom on the basis of your marriage to a British citizen/settled person or you have been living together in relationship for at least 2 years when you apply; and
  • Your relationship is genuine and subsisting and you intend to live together permanently in the UK
  • Any previous relationships have permanently broken down
  • You meet the financial requirement
  • Your presence in the UK is not deemed to be conducive to the public good
  • Countries with high levels of TB (tuberculosis) will need to do a test to show they are not carriers or ill.

If you are from a non-English speaking country, you will need to fulfil the English language requirement. You can do this through providing evidence in one of the following ways:

  • Write and pass the SELT test at the level of at least A1 at an approved English language test centre to prove your English language ability. You will need to include your pass certificate in your portfolio of evidence to submit to the Home Office.
  • You hold a degree or higher qualification taught in English at an educational institution recognised by NAIRC
  • You are over 65
  • You are a recognised refugee
  • You are living in the UK as an orphan or widow
  • You are a victim of domestic abuse
  • You have a mental or physical condition which prevents you from sitting the exam

You and your spouse/partner must have a combined income of £18,600 minimum per year if you are applying as a partner/spouse or if you want to settle in the UK within 5 years (indefinite leave to remain. [This minimum amount is increasing to £38,700 in Spring 2024 as per the UK Governments announcement.]

The minimum amount increases per child if they are not British or Irish citizens or are not settled in the UK. The amount increases are: £3,800 per year for the first child, £2,400 per year for each child thereafter.

You will also need to pay an IHS surcharge to cover the duration of your visa – this is to access the public health system (a non-negotiable). You can calculate the total IHS surcharge for all dependants here. On average it costs £1,035 per year, per applicant. So if the visa is 2 years and 9 months, you will need to pay for each year (pro-rata for the 9 months), for each applicant.

Yes. Spouse visa holders can work full-time and without restrictions in the UK.

You will need to apply for your children using the childrens/dependants visa. When applying, it will all fall under the same application, however, your children will be granted a visa based on their British Citizen parent’s status, rather than your spousal visa.

This can be a complicated and overwhelming process. We can help you complete and submit your application, ensuring all the correct information is completed and the needed documents included.

This visa is valid for 2 years and 9 months. Thereafter, you will need to renew your visa.

Yes. The initial visa allows you to work and live in the UK for 2 years and 9 months, thereafter you will need to apply for an extension to see you over until you can apply for indefinite leave to remain.

Yes, subject to meeting eligibility requirements, this visa can lead to indefinite leave to remain (ILR) or settlement in the UK after 5 years in the UK on this route. You will be able to apply for British Citizenship after obtaining ILR.

It depends on whether you are applying from inside the UK or from overseas. Current processing times are 8 weeks when applying from inside the UK, or 24 weeks when applying from overseas. For an additional fee, you may be able to prioritise your application and receive an expedited decision. Please note, these timeframes are a guideline, and some applications do take longer to receive a decision.

Evidence accepted that shows you live together and are dependent on one another:

  • Comes from the government, a bank, landlord, utility provider, or a medical professional,
  • Confirms your relationship with your partner – for example, that you live together, share expenses, or are married or in a civil partnership,
  • Is less than 4 years old.

Some of the documentation you could use:

  • Marriage certificate or civil partnership certificate
  • A tenancy agreement, utility bills or council tax bills confirming that you live at the same address
  • A bank statement form a joint account or that confirms you live together
  • A letter from the dentist or doctor confirming you live at the same address.
  • If you do not have access to any of the above, the following evidence can also assist:
  • A one-off bill like vet’s fees or home repair costs
  • Letters showing you and your partner are on the voting register at the same address
  • Student finance documentation confirming your same address.

You may be eligible for a fee waiver if you meet one of the following criteria:

  • Do not have a place to live or cannot afford one
  • Have a place to live but cannot afford essential living costs like food or heating
  • Have a very low income and paying the fee would harm your child’s wellbeing.