Frequently Asked Questions (FAQs) About Spouse Visa Application

Q.1: Who can switch into spouse visa category as a spouse of a person present and settled in the UK?

Answer:  A person who was granted leave to enter or remain which was issued for more than six months at the time of grant of such leave can switch to spouse visa category from inside the UK?

Q.2: I am in the UK as a visitor and my visit visa is still valid. Can I switch to spouse visa category if I am married to a settled person?

Answer: A visitor cannot switch to spouse visa category from inside the UK as the leave granted as a visitor for any single entry cannot exceed six months.

Q. 3: I am a Tier 4 General student in the UK and am in relationship with a person present and settled in the UK. I am not attending my college and not pursuing the course for which I was granted Tier 4 visa. Can I switch to spouse visa category?

Answer: A person who is applying for spouse visa from inside the UK must be complying with the terms and conditions of his visa to stay in the UK. Your application for spouse visa may not succeed if the Home Office finds out that you are not attending your institution of study to pursue the course for which you were last granted leave to enter or remain in the UK.

Q.4: Is it necessary to meet the English language requirement in order to apply for spouse visa?

Answer:  Yes, it is essential to meet the English language requirement to succeed in spouse visa application whether you are applying from inside the UK or outside the UK. An applicant can meet the English language requirement in one of the following ways:

• by passing an acceptable test at a minimum level A1 of the Common European Framework of Reference for Languages (CEFR) with an approved provider, or

• by being a national of a majority English speaking country, or

• by having an academic qualification equivalent to a Bachelor’s degree in the UK which was taught in English.

Q.5:  Is there any age limit for spouse visa application?

Answer: According to paragraph 277 of the Immigration Rules, both parties to the marriage must be at least 21 years old. However, following recent judgement by the Supreme Court of England & Wales whereby it has been held that the age limit of 21 years for spouse visa application is unlawful, it is now possible for a spouse of a person present and settled in the UK who is under 21 to apply for spouse visa. The Home Office will change the Immigration Rules in due course but an application can be made in line with the decision of the Supreme Court.

Q. 6: I am working part time and have limited means of income. Can I rely on third party support to apply for spouse visa?

Answer: Yes, it is possible to rely on third party support for the purposes of meeting the maintenance criteria for spouse visa application.

Q.7: Can I use same day visa service if I am applying for spouse visa from outside the UK?

Answer:  It is not possible to use same day visa service for spouse visa application (entry clearance as a spouse) if  are applying from outside the UK.

Q.8: I was granted marriage visitor visa by the British Embassy / High Commission to get married in the UK. Can I apply for spouse visa from inside the UK ?

Answer: A marriage visitor cannot switch to spouse visa category from inside the UK after the registration of his/her marriage in the UK. He/She will have to leave the UK and apply for entry clearance as a spouse from outside the UK. If you wish to apply for spouse visa from inside the UK after your marriage is registered in the UK, you should apply for fiancé(e) visa instead of marriage visitor visa.