UK Family Visa 101: Getting a Spouse Visa in the UK

The United Kingdom is one of the most open countries in the world and with 6 types of visas in 5 Tiers to choose from, anyone is bound to find an appropriate visa to stay in the country. One such visa is a Marriage Visa or a Spouse Visa in the UK. This is a visa given to those who are married to a British Citizen. It also applies to a non-British citizen who is married to a person who has an Indefinite leave to remain in the UK. This is a different visa from the UK fiance visa.

Who Can Apply for a UK Spouse Visa

Any person who is legally married to a citizen of the United Kingdom or holds a permanent visa in the UK can apply for a marriage visa within the United Kingdom or in any UK embassy. It also applies to any person married who is:

• Holding a UK fiance visa, who are staying in the United Kingdom, can easily transition to a spouse visa once they are married.
• Holding a non-expired visa of any kind to stay in the UK for more than 6 months can apply for a marriage visa in the country.
• A non-UK citizen living in any country outside or within the European Union.

However, due to the UK leaving the European Union, citizens of the European Union should also start to apply for the said visa in any UK embassy. However, EU citizens currently residing in the UK before 31 December 2020, will need to apply for a ‘Settled Status’ or ‘Presettled Status”. It would also apply to their family members including their spouse.

Mechanics of a UK Spouse Visa

The Marriage visa or Spouse Visa allows a person who is currently staying in the UK to stay for 30 months starting on the date of approval. It also grants those who are outside the United Kingdom to stay in the UK for up to 33 months. Any holder of the UK visa who can also transition to earn an Indefinite Leave to Remain in the UK after staying in the United Kingdom for at least 60 months or equivalent to 5 years under the Spouse Visa. And as stated under Section 6 of the British Nationality Act of 1981, one can also apply for a British Citizenship.

The holder of a Spouse visa can also work and settle in the UK indefinitely. It also allows that person to buy property and own property within the country. The only restriction to any bearer of this visa is the access to the country’s public funds.