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FAQs: Spousal visas


Who can apply for a spousal visa?

To be considered eligible to apply for a spousal visa you must either be the husband, wife or civil partner of a British citizen, or someone who is considered settled in the UK. You will be able to apply either from outside the UK before you come, or from within the UK if you are already here, depending on your current visa.

Why would I consider applying for a spousal visa over any other visa?

The advantage of obtaining a spousal visa is that after five years you will be eligible to apply for settlement should you continue to meet all the requirements. This would therefore allow you to stay in the UK indefinitely after only five years. 

What must I show to be considered eligible? 

On 8 July 2012 the rules relating to what you must show in order to be eligible to apply for a spousal visa changed to include; a suitability requirement, a financial requirement, and that your relationship be genuine and subsisting. Detailed guidance on what is required to satisfy these new conditions can be found on the Home Office website. 

I’m already in the UK can I switch to a spousal visa?

You will be able to switch categories as long as are you not in the UK:
  • As a visitor
  • With permission to stay 6 months or less
  • On temporary admission
  • In breach of the immigration rules

How could a solicitor help me?

A solicitor will be able to assist you in making your application for a spousal visa, ensuring all forms are correctly completed. A solicitor will also be able to assist you in evaluating whether you are likely to be able to satisfy the new conditions, and advise what needs to be done in relation to any children you may have.
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