How To Increase Your Chances Of Spouse Visa Application Approval

In this article, we will outline how you can boost your chances of receiving approval of your spouse visa application based on the different grounds for refusal.

Spouse Visa Validity Requirements 

Paragraph 34 of the Immigration Rules outlines a number of requirements that must be met in order for a visa application to be considered valid. Crucially, paragraph 34A states, “where an application for permission to stay does not meet the requirements of paragraph 34, it is invalid and will not be considered”. For your spouse visa application to be considered valid, you must have:

• Used the correct application form
• Completed all of the mandatory sections of the application form 
• Paid the correct fee in full
• Provided proof of your identity – e.g. a valid passport
• Provided all of the documents and information required to assess your application. Any documents you provide must be in the correct format, dated appropriately, and properly translated where necessary
• Signed your application 
• Enrolled your biometrics (i.e. had your fingerprints scanned and a photo taken at a visa application centre or UKVCAS service point).

If you plan to prepare and submit your spouse visa application yourself, it is always advisable to have an immigration Solicitor review your application form and documents prior to submission. 

Spouse Visa Eligibility Requirements

To make a successful spouse visa application, you will need to prove that you meet the:

• Relationship requirements – i.e. that you are married, in a civil partnership, or have been living in a genuine and subsisting relationship with a British or Irish national or a person who has settled in the UK. It is essential that you provide robust evidence of your relationship and the ending of any prior marriages or civil partnerships. If the Home Office believe you are in a ‘sham’ relationship purely for the purpose of gaining a visa, they will refuse your application. Importantly, ensure that everything you have said about your relationship in your application is consistent and non-contradictory (e.g. when and how you met). To ensure you have the necessary evidence to prove you are in an eligible relationship, speak to an immigration Solicitor who will check this for you and, where necessary, draft a covering letter to support your application. 
• Financial requirements for UK Spouse Visas – you and your partner must have a joint annual income of at least £18,600, plus an additional £3,800 a year for your first child and £2,400 a year for each child you have after your first child. You can use other forms of income to meet this requirement, including savings, investments, pensions, and non-work income. It is essential that you provide a clear breakdown of your income and how you meet this requirement. Again, if you are in any doubt or if you have a complex income arrangement, speak to an immigration Solicitor who will check your eligibility and accompanying evidence.
• Accommodation – you must have accommodation in the UK that is for your exclusive use as a family, has sufficient space, and meets public health regulations. 
• English language requirements – unless you are from a qualifying English-speaking country, you have a degree or higher taught in English, you are over 65, or you have a physical or mental impairment which means you cannot meet the requirement, you must pass an English language test. This must be to at least level A1 on the Common European Framework of Reference for Languages (CEFR) when making your initial application. When applying for a renewal of your spouse visa, this must be at level A2.