Spouses and Partners

If you’re living permanently in the UK and your spouse or partner wants to join you, they may need a spouse visa. This visa allows non EU nationals to live and work in the UK for five years until they can apply for Indefinite Leave to Remain. Our immigration solicitors can help you and your partner through the application process whether you’re applying from within the UK or from another country.

UK Spouse Visa Applications
If you want to settle in the UK and your spouse has indefinite leave to remain or British nationality, you may be eligible to apply for a spouse visa.

The spouse visa is one of the most popular visa applications dealt with by our experienced settlement team.  Our clients include those that are:  

  • Inside the UK with current leave to remain.
  • Inside the UK with no leave to remain.
  • Outside the UK.

Your immigration status in the UK will determine whether you’re able to make an application from here, or will need to return to your home country/country of residency. In some circumstances you will be entitled to make the application from within the UK, this is called ‘switching’.

An application to ‘switch’ from within the UK can be made if you:   

  • Are not a visitor.
  • Do not have permission to stay for less than 6 months (unless in the fiancé category)
  • Have not been granted temporary admission.
  • Are not in breach of the immigration rules.

If you do not meet these requirements our team will go through alternative options available to you.

Making a spouse application can be a stressful experience and at Salisbury Law we are aware of the anxieties and complications involved. That’s why our specialist lawyers will go through the process thoroughly and explain what we believe is the best option available to you.

Fiancé and Marriage visa applications
If you intend to relocate to the UK to begin a new life with your UK-based partner, you could be eligible for the UK Fiancé Visa. The Fiancé Visa is designed to enable non-EEA nationals to enter the UK to marry/enter into a civil partnership with their UK-based partner, and to begin a new life here. The applicant’s partner must be either a UK citizen or a person with settled status in the country. FiancéVisas last for 6 months and they are granted under the assumption that you will marry your partner within the validity period of the visa. You must apply for another immigration permission to remain in the UK after your Fiancé Visa expires. The simplest transition is to the Spouse Visa, which grants holders 30 months of residence in the UK. You can look for employment and study in the UK as a Spouse Visa holder, without any restrictions.

Spouse visa extensions
If you are the partner of a British or settled person and you wish to continue staying in the UK then you will need to apply for a visa extension. You have the opportunity to extend  the visa for a further 30 months.  After this period, you may be entitled to apply for Indefinite Leave to Remain (ILR). To successfully extend this type of visa, you must show you and your sponsor continue to meet the requirement of the Spouse Visa route, including the minimum income threshold.  It is noticeable that Home Office policies are very strict and this can lead to devastating situations when Spouse Visa extensions get refused. Our team provides expert legal advice and representation to those who are applying for a UK Spouse Visa extension, and we have a strong track record of successful applications.  We are committed to help families with their immigration matter, so they can remain together.

Spouse visa refusals
It is possible that a Spouse Visa Extension can be refused. The British government has a goal to bring net migration down into the tens of thousands despite growing opposition to what is considered an unrealistic and harsh target.  Families have been one group of applicants who have been targeted to bring down immigration. This can result in the refusal of family visas, including Spouse Visa extensions on even the smallest grounds. 

We understand the emotional rollercoaster couples can go through when they are forced to challenge the Home Office.  Our lawyers provide sensitive and compassionate service and have the expertise and experience needed to appeal a negative decision by the UKVI.

Make an Enquiry

If you would like to find out more or to make an appointment please contact us.