Family Visa
At Advantage Solicitors, we understand that the Family Visa application process can be challenging. From assessing your eligibility and gathering the required supporting documents to preparing your application and tracking its progress, our experienced immigration solicitors will guide you every step of the way to ensure your application is smooth and successful.
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Family Visa Overview
For those who live outside the UK and have a spouse, partner, fiancé, child, parent or relative living in the UK whom provide long-term care for you, they may be eligible to apply for a family visa. A family visa is compulsory for those that intent to live with a family member in the UK for 6 months or more.
There are different avenues one must take in order to apply for a Family Visa, which are dependent on what type of family visa you wish to apply for.
General requirements (including spouse Visa)
Family visas are designed to allow non-UK residents to join family members in the UK, offering opportunities for reunification with spouses, partners, children, and other close family members. One of the most common family visas is the Spouse Visa, which allows married partners of British or Irish citizens, individuals settled in the UK, and those with refugee status or humanitarian protection to live together in the UK.
Although specific requirements can vary by visa type, the following are common conditions that apply to most family-based visa applications:
- Relationship Requirement: You and your partner must demonstrate a genuine, subsisting relationship. This includes providing evidence of living together, regular contact, and shared responsibilities (such as finances or children).
- Age Requirement: Both parties must be over 18 years of age at the time of the application.
- Financial Requirement: Applicants typically need to show that they meet a minimum income threshold, which is often £18,600 per year for a Spouse Visa (higher if children are involved). This can be met through salaried employment, savings, or other acceptable sources of income.
- Accommodation Requirement: You must provide evidence that you will live in accommodation that is not overcrowded and that you are legally entitled to occupy
- English Language Requirement: Applicants must meet an English language proficiency requirement. This is usually achieved by passing an approved English language test or holding a degree taught in English. Some exemptions apply (e.g., for applicants over 65 or those with a disability).
- Previous Relationships: If either applicant has been previously married or in a civil partnership, they must provide evidence that the relationship has permanently ended. This may include divorce certificates or proof of dissolution.
- Genuine Intent to Live Together: You and your partner must intend to live together permanently in the UK. This is typically demonstrated through future plans, such as housing arrangements and the long-term commitment to each other.
- Health and Character Checks: Applicants must pass a tuberculosis test (if required) and not have a serious criminal record. Certain medical conditions may require additional documentation.
- Supporting Documents: Detailed documentary evidence is required to prove eligibility, including proof of identity, financial evidence, accommodation details, and proof of relationship.
Types of Family Visas:
- Spouse Visa: This allows the spouse of a British or Irish citizen, someone settled in the UK, or those with pre-settled status to join their partner in the UK. After five years, this visa can lead to Indefinite Leave to Remain (ILR) or settlement in the UK.
- Unmarried Partner Visa: For couples who have been in a long-term relationship but are not married. It is similar to the Spouse Visa but applies to partners in a committed relationship akin to marriage or civil partnership.
- Parent Visa: Allows parents to join their children who are British or have settled status in the UK.
- Child Visa: For children of British citizens or settled individuals who wish to join their parents in the UK.
Pathway to Settlement:
For most family visa holders, after spending five years in the UK, they may become eligible to apply for Indefinite Leave to Remain (ILR), which provides the right to stay permanently in the UK. This can lead to British citizenship, provided additional requirements, such as passing the Life in the UK test and meeting English language criteria, are met.
In summary, family visas, including the Spouse Visa, are designed to bring family members together in the UK. The process involves meeting relationship, financial, accommodation, and language requirements, among others. It’s advisable to seek expert advice from an immigration lawyer to ensure that all requirements are fully met for a successful application.
Under the UK Family Visa, spouses are eligible to remain in the UK for up to 2.5 years. After this time, you can apply for a further extension, which will take you to a total of 5 years remaining in the UK.
You and your partner must also intend to live together permanently in the UK after you apply. In cases where your partner has, settled or pre-settled status you may be able to apply to the free EU Settlement Scheme.
You must be able to prove that you are in a civil partnership or marriage that is recognised in the UK. That you have been living together in a relationship for at least 2 years when you apply. That you are a fiancé or proposed civil partner and will marry or enter into a civil partnership in the UK within 6 months of arriving. In addition, you must provide specified evidence of having good knowledge of English language.
Financial Criteria
If you have children, then you are required to prove extra money to support your children in the UK, you’ll be required to prove following amounts:
£3,800 a year for the first child
£2,400 a year for each additional child you have after the first child
If the total amount you’d need to earn based on your children would be more than £29,000, you only need to prove you make £29,000 a year.
The financial condition for a UK Spouse Visa is that the sponsor is able to adequately maintain and accommodate the family member being sponsored to join or remain in the UK. If your spouse is receiving specific state benefits or entitlements, further considerations will apply.
In the instance that you do not meet these requirements you may still be able to apply for a visa or extend your permission to stay if you have a child in the UK, who is a British or Irish citizen or has lived in the UK for 7 years and it would be unreasonable for them to leave the UK. As there would be very significant difficulties for you and your partner that could not be overcome if you lived together as a couple outside the UK since it would breach your human rights to stop you coming to the UK or make you leave.
Fiancé, partner
In circumstances where you are applying as a fiancé or proposed civil partner, you must prove that any previous marriages or civil partnerships have ended. And that you plan to marry or become civil partners within 6 months of arriving in the UK. You will not be able to work during your engagement.
General Requirements for Both Civil Partner and Fiancé(e) Visas:
Genuine and Subsisting Relationship: For both visa types, you must prove that your relationship is genuine and ongoing. This can include personal statements, joint finances, and shared responsibilities such as children, if applicable.
Financial Evidence: Applicants and sponsors must demonstrate they can financially support themselves without recourse to public funds. This often includes submitting payslips, tax returns, bank statements, or savings records.
Accommodation: You must prove you have suitable accommodation in the UK that is not overcrowded or a violation of health regulations.
English Language Proficiency: The visa applicant must meet the UK’s English language requirements (usually a test or recognized degree), unless exempt (e.g., age or health exceptions).
Health and Character Checks: The Home Office may require a tuberculosis test (if applicable) and checks on criminal history to ensure applicants are of good character.
Application Process: The application must be submitted to UK Visas and Immigration (UKVI), and supporting documents (proof of relationship, financial evidence, accommodation details, etc.) are essential for the application’s success.
Path to Settlement:
Both the Civil Partner Visa and Fiancé(e) Visa lead to potential Indefinite Leave to Remain (ILR) or settlement after five years of continuous residence in the UK, assuming the relationship remains intact and other requirements are met. Following successful ILR applications, individuals may apply for British citizenship if they meet the further residency and language requirements.
Applying for a Family Visa?
If you are looking to apply for a Family Visa in the UK, our experienced immigration solicitors are here to help. Please fill in the form below and a member of our team will contact you shortly to guide you through the process.
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