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Tue, 6/1/2009

Spouse Visa

This visa is for someone wishing to come to the UK to live with their spouse who is either a British citizen or who holds indefinite leave to remain in the UK.

How do I qualify for this type of permit?

  • You must show that you are married to a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement.
  • You will need to show that you intend to live permanently with the other as your spouse and that your marriage is subsisting.
  • You will need to show that there will be adequate accommodation for you and any dependents without recourse to public funds in accommodation, which you will own or occupy exclusively.
  • You will need to show that you will be able to maintain yourselves in the UK adequately without recourse to public funds.

How do I apply and do I need entry-clearance?

If applying from your home country, you will need to apply at the British High Commission for entry-clearance.

It is possible to switch status to this category in the UK in certain circumstances, but you cannot do so if you are only resident in the United Kingdom as a visitor, or have less than three months leave to remain outstanding.

Breytenbachs will be able to assist you in both instances.

Some rules and restrictions on a spouse application

If you have been married for less than 4 years, you will be granted a probationary period of residence of 2 years. If you can prove that you have been married for more than 4 years, you may apply for settlement (permanent residence) immediately from the BHC.

Does this visa lead to indefinite leave to remain?

As stated above, if you have been married for at least 4 years prior to your application, you can apply for settlement from the British High Commission in your home country. If not, you will be entitled to apply for indefinite leave to remain after you have lived in the UK for two years, provided that you can prove you satisfy the criteria for the spouse status at the end of this period.

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