The so-called 'spousal visa' (or Limited Leave to Enter, LLE) is issued to applicants who have married a British citizen (or permanent resident) abroad. It is issued by a foreign post where the applicant has a claim to normal residence or citizenship. The visa itself runs for 27 months and is probationary. During the probationary period, the applicant cannot seek access to public funds, and must not otherwise engage in activities that counterindicate good character.

To clarify any ambiguities in terminology or to define 'who does what', the UK person is the "Sponsor". The sponsor's role is to establish and prove sponsorship capacity.  The non-UK  spouse is the "Applicant", and it is the "applicant" who must make the application, submit the required evidence, and bear the consequences of the application's outcome.

The holder of a 'spousal visa' can undertake employment, and may use the NHS.

The rules governing 'spousal visas' are at Family Members

A successful application for a spousal visa will generally include evidence, and some notes about this are given below. Care should be taken, however, because these notes are generic and may not apply to a given case. Some consulates are more rigorous than others, and some applicant profiles invite more scrutiny than others. Accordingly, this list should not be taken as authoritative.

 

General Notes All evidence should be in the form of originals or certified copies. UKBA also asks that each submitted document be accompanied by a photocopy of the document.

We also recommend that the applicant make a copy of the entire application package in the event that documents are lost in the post or misplaced by the consulate.

Documents submitted as evidence will be returned to the applicant once the consulate has processed them except for those addressed specifically to the consulate or those addressed 'to whom it may concern'.

Applicant's Identification The applicant must present a valid passport with at least 6 months remaining until its expiry, and at least one full empty page where the visa can be affixed. The passport must show that the applicant is at least the age of 18. If the applicant is 17 years old or younger, the application will fail.

If the passport was not issued in the country where the application is made, it should include evidence that the applicant is normally resident in that country (i.e., has a visa for that country that is longer than 6 months in duration). If the applicant cannot establish citizenship or normal residence in the country where the application is submitted, the application will fail save for extraordinary circumstances (such as refugees). An exception to this rule occurs where the Foreign Office has instructed a consulate to process applications from another country.

Some consulates will require that the national identity card (or birth certificate) be presented in addition to the passport.

And finally, the applicant's passport must be issued by an entity recognized by the UK as a legitimate sovereign government.

Applicant's Biometrics The applicant must provide evidence of biometric enrolment. This is a matter of recording one's fingerprints and photograph at an approved biometric enrolment centre. There's more information on our Biometric FAQ page.

Sponsor's Identification This usually takes the form of the sponsor's passport. If the passport itself cannot be presented, then a notarized copy of the portrait page should be made by a UK authorised notary or solicitor (i.e., member of the Law Society).

If the sponsor does not have a passport, then the sponsor's original birth certificate can be substituted, although this would be considered rare.

The sponsor's identification must confirm that the sponsor is at least 18 years old. If the sponsor is 17 years old or younger, the application will fail.

If the sponsor is not British (or without right of abode), the sponspor's identification document should show that the sponsor has acquired permanent residence in the UK. A within-the-rules application cannot succeed if the sponsor's status is junior to permanent residence.

Evidence of marriage This would, in all but the most extreme cases, be the marriage certificate. Some consulates may require an apostil.

Sponsor's Confirmation If the sponsor is not accompanying the applicant to a personal appearance at the issuing consulate, a confirmation must be provided. This normally takes the form of a letter in which the sponsor explains his awareness and support of the application and confirms that he/she is present and settled in the United Kingdom (or being admitted at the same time for settlement). A sample letter can be found here.

Although it is not strictly necessary, a brief summary (one or two paragraphs) of the relationship can be included which addresses: [1] how and where you met; [2] how you have maintained contact; [3] the date and location of your marriage; and [4] plans you have made for living in the UK (or more specifically, why you are opting to live in the UK).

Finally, if there are exceptional circumstances about the application, or if the sponsor is seeking a concession, it should be thoroughly explained here.

Financial Standing The application must be supported by evidence which demonstrates that the applicant will not become reliant upon public funds. In the normal case, this takes the form of the sponsor/applicant (or co-sponsor) providing:

 

• Salary slips for at least the previous 3 months, preferably the previous 6 months; AND
• Bank statements for at least the previous 3 months; AND
• The sponsor's (co-sponsor's) employment contract (if the sponsor is not independently wealthy); AND
• The sponsor's (co-sponsor's) most recent P60 (in the absence of salary slips).

If the sponsor (co-sponsor) is self-employed, owns his own company, or if the sponsor (co-sponsor) does not work, then the employment contract and P60 can be substituted with certified copies of the previous two years' tax returns accompanied by a notarized version of his business accounts.

If the sponsor (co-sponsor) is retired, then the employment contract and P60 can be substituted with a statement from his pension scheme.

If there are disproportionate deposits and withdrawals in the bank statements, they should be explained in the sponsor's letter.

Consulates are reluctant to accept bank statements printed out from e-banking accounts because these can be so easily forged. Properly headed original statements can usually be obtained by visiting a branch office.

If the financial standing is marginal, and if the applicant has plans to work in the UK, a job offer letter can be included to bolster the application's strength; and failing all other evidence, the applicant may attach a CV (or academic credentials) which demonstrate favorable prospects. Note however, that this is generally the weakest form of evidence.

Accommodation (home owners) If the sponsor owns his home, he should include a certified copy of the deed showing this. If the sponsor has a mortgage, the appropriate entry from the Land Registry should be provided, and the mortgage payments should appear in the bank statements.

Accommodation (renters) If the sponsor rents a flat or house, the tenancy agreement should be provided. If the applicant is not a signatory to the tenancy agreement, then an additional statement from the landlord (or estate agent) should be provided that attests to his agreement that the premises will be occupied by an additional person. If an existing tenancy agreement is to be used, it should have at least six months before expiry. If the tenancy agreement does not have at least six months before expiry, then an additional statement from the landlord showing intent to renew at the same terms should be provided.

Accommodation (sharing a house with others and co-sponsors offering accomodation) If the sponsor and the applicant intend to live in an accommodation with multiple occupants, the information shown for renters should be provided. Additionally, the applicant and sponsor should show that they will have exclusive access to a bedroom which is not used by anyone else. A bedroom is a room which is normally used as such and kitchens, bathrooms, and utility rooms do not qualify. A bedroom can be a family room or study which has been converted for exclusive access. Finally, a bedroom must be at least 50 square feet in dimension.

Additional Notes on Accommodation For additional notes on meeting the accommodation requirement, click here.

Intervening Devotion If the applicant and sponsor have been separated for a lengthy period of time before the application is submitted (for example, longer than 3 or 4 months), then evidence of intervening devotion should be included. This would normally take the form of telephone records or other forms of electronic communication. If the couple have lived separately for a longer period, travel receipts can be used to show that contact has been continual and proportionate.

If a prolonged separation is the result of mobility issues (which would include military duties or other foreign assignments), this would take the form of assignment letters or similar documentation.

When submitting email or instant messenger logs, it is important to bear in mind that intervening devotion means evidence of contact and not an exhaustive transcript of each on-line session. There is an interesting view on texting versus voice calls given in Goudey (subsisting marriage – evidence) Sudan [2012] UKUT 00041(IAC). Also relevant to 'intervening devotion' is the court decision in Naz (subsisting marriage - standard of proof) Pakistan [2012] UKUT 40 (IAC) (16 January 2012)

NOTE: Correspondent Molly Moggs has contributed a great article on intervening devotion. More...

Applicant's Social Skills If the applicant is not from an English speaking country, or otherwise exempt, they must sit an English language test and include the results with their application.

Marital History If the applicant/sponsor have a prior marriage, they must include their divorce certificates (or death certificates in the case of widowers). If divorce certificates cannot be produced, the applicant/sponsor must provide evidence that the divorce would be recognized in the UK as legitimate.

If the sponsor or applicant has been in a relationship "akin to marriage", documentation should be provided that shows that the prior relationship has permanently broken down or in some other way permanently dissolved.

Movement of Children If children are to accompany the applicant, evidence should be given that their movement will not violate the Hague Convention (or other treaty which the UK is a party to). This normally takes the form of a sole custody document, or a notarized statement from the other parent. We have provided a sample here.

Applicants/Sponsors near the age of consent Although not a requirement, if the applicant or sponsor has just recently reached the age of consent, it may be helpful to include evidence that the family are aware of the marriage or were present at the ceremony. This would be especially helpful where the applicant comes from a culture characterized by strong family influence in the marital decision process.

Applicants/Sponsors with a large difference in ages The rules do not state that the applicant and sponsor must be within a certain age differential, but if there is a disproportionate age difference (for example, more than 25 - 30 years), additional care needs to be taken.

Tuberculosis test The Foreign Office maintains a list of countries in which a tuberculosis test must accompany the application.

Immigration History If the applicant has an immigration history which reflects unfavorably upon the credibility of the application, professional advice should be sought.

Other Credibility Problems If the applicant or sponsor have reason to believe that their application may suffer from credibility problems (i.e., a sham marriage), professional advice should be sought.

Final Note Once landed in the UK, the applicant and sponsor are reminded that the Home Secretary is entitled to instruct the Immigration Service to inspect their home to assure that the couple has indeed taken up residence as husband (civil partner) and wife (civil partner).

 Legal Representatives for Spouse Visas

In all but the rarest of occassions, hiring a legal representative for a spouse visa application is not required.  The application process is straight-forward and the instructions are clear.  However, people may want to hire a representative anyway for reasons like...

• they do not have the time to make the application
• they do not want to make the application by themselves
• they require special expertise because of a pejorative immigration history
• they expect problems getting the application approved
• they do not understand the process and want someone else to manage it

There are lots of ethical law firms in the UK that have experience in spouse applications along with a favourable track record of success.  These would include Laura Devine Solicitors,  Wesley Gryk Solicitors, Wilson Solicitors, and others to name a few.  For cases where the sponsor is an EU national, there are firms like Kingsley Napley, Bates Wells, and others.  For cases that do not require a full blown high street law firm, there are regulated advisers such as The Westwood Organisation and Immigration Visa Services.  All of these firms require that you pay a fee for their services, and legal aid is not available for spouse applications.   For the simplest and most straight-forward spouse applications, you can expect prices to start at 400 pounds minimum and averaging 800 to 1,000 pounds.

Some firms will offer telephone consultations for prices starting at 50 pounds and averaging 150 to 200 pounds.

One popular strategy that has emerged over the last few years is called a "Doc Check" (short for "Documentation and Evidence Check").  In a Doc Check, you do all the work and send your evidence to the legal resource.  They examine your evidence (i.e., bank statements, tenancy agreements, photographs, and so forth) to see if it meets the standard and covers all the required aspects.  They will then give you feedback on their findings.  This gives you a chance to augment your evidence before sending it to UKBA, and possibly avoiding delay or a refusal.   Doc Checks start at 80 pounds and average 100 to 120 pounds, but not all firms will do this type of work. 

As always, beware of con artists and bottom feeders who operate in forums and discussion groups. 

Check and see if a legal representative is on our short list?  talk@transpondia.co.uk We don't guarantee a prompt reply due to lots of traffic.  Transpondia is totally independent and we operate at arms-length to everyone.  We have never received a tangible or intangible benefit for referring a given representative; we go strictly by their reputation and ethical quality.

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A Note on Disclosure

Applications for a spouse visa are like all other UK visa applications in that they fall under Paragraph 320 sub-paragraph 11 of the rules.  This paragraph has to do with deception (including deception by silence), forgery, and contrivance.  In these cases a spouse visa application can be refused; and although these refusals can be appealed, the courts have uniformly adopted a dim view on deception.  Here's an extract from a recent (May 2012) tribunal decision... 

Those who engage, or who might be tempted to engage, in dishonest attempts to deceive the United Kingdom authorities in relation to immigration control need to be aware that such actions will have disadvantageous consequences for those who are the intended beneficiaries of the dishonest conduct. In the present case, the appellant and the sponsor have chosen to marry against the backdrop that the appellant had no automatic entitlement to live in the United Kingdom. In all the circumstances, it is, we consider, not disproportionate for the respondent to refuse the application, on the basis of paragraph 320(7A).

Source:  Mumu (paragraph 320; Article 8; scope) Bangladesh [2012] UKUT 143 (IAC) (14 May 2012)

To make matters more complex, visas obtained by deception are invalid, and there is no statute of limitation on a visa obtained by deception.  That means all subsequent visas up to and including nationality can be revoked, plus any visa reliant upon a previous visa (like children's nationality for example).  The Home Secretary has (both infamously and quietly) revoked people's nationality (including cancelled their British passport) when deception has been uncovered. 

We advise applicants to steer clear of it. 

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What does “Akin to marriage” mean? Some visa application forms may ask if the applicant has been in a relationship ‘akin to marriage’ and applicants sometimes observe that the meaning of this phrase is vague.  This is intentional.  For our FAQ, we have adopted the view that a relationship akin to marriage will have the following traits...

• Outward signs of affection
• Companionship
• Physical intimacy
• Emotional support; and
• Mutual concern for each other’s welfare.

These traits distinguish a genuine marriage from a sham marriage.  It is our view that when a relationship is genuine, these traits are apparent regardless if the couple has been together in a relationship for a day, a month, a year, or even decades.  The participants in a sham marriage, for example, will not engage in physical intimacy or demonstrate deep concern for each other’s welfare, so if your relationship can be characterized by any of these traits, then your answer to the question on the application form would be ‘YES’.  Note that our definition of ‘akin to marriage’ may not be appropriate for all couples, but if it works for you, certainly use it.

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To follow up on any of this information, check our Internet Resources page...

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Reviewed 9 May 2012