Wednesday 6 February 2019

UK Spouse or partner visa

Disclaimer: Please note I am not qualified in the emigration field, the below observations are what my daughter experienced when applying for her spousal visa. The figures mentioned below are correct at the time of posting. This post is written from the perspective of a South African emigrating to the UK. When applying for your spousal visa please get the help of a person duly qualified to assist you. 

If you are married to a British passport holder, the visa you would need to apply for in order to emigrate with them is the spouse visa. If you are the unmarried partner of a BP holder you'd apply for the same visa, but in this case you'd need to prove that you've been living together for 2 years in a "relationship akin to marriage". Our daughter Roxy applied for a spousal visa to emigrate to the UK as her husband is a British Passport holder. 


A good place to start when researching this visa is this site.


Requirements for this visa:

  • Proof that you are married, or that you have been living together for 2 years. Apart from your unabridged marriage certificate (if you are married), you would need to provide information regarding how and when you met, when you moved in together, photographs over the course of your relationship and mail addressed to both of you going to the same address. It's wise to include a letter from your spouse/partner that includes all the relevant information regarding your relationship and confirming that they wish you to join them in the UK and that they will provide for you. Also, letters from friends (including their contact details) attesting to the fact that your relationship is genuine. 
  • Pass the English test - you can do the IELTS A1, but it's better to do the B1 at this stage, because that way you avoid having to pass the A2 test later on. Ensure you write the IELTS for UKVI - this is the one that is accepted for visa purposes. See this site for info on writing the IELTS in South Africa. 

  • Prove that your partner can support you financially. This page has info on the financial requirements. There are a couple of options for the financial requirement which I have listed below. 
  • Proof of adequate accommodation arrangements in the UK 

The spouse visa is granted for a period of 2.5 years, after which you would need to apply for Further Leave to Remain for another 2.5 years, after which you are eligible to apply for Indefinite Leave to Remain.

Further information regarding financial requirements:

The spouse/partner with the British passport (i.e the sponsor) needs to show that they are able to support their family, there are a couple of ways to do this:

INCOME
If only a spouse/partner is coming over to join the sponsor, the sponsor needs to provide proof of a pre-tax income of at least £18,600 per annum.  If there are also dependent children (who do not have British passports) the BP-holder would need to show additional income of £3,800 for the first child and £2,400 for each additional child. 

NB:  This income can be earned by the sponsor in the UK - 6 months payslips would be required for the visa application - or it could be earned in South Africa, provided the South African salary meets the minimum threshold required (i.e the sponsor would need to earn the rand equivalent to £18 600 - or more if there are children involved) and the sponsor has a UK job offer earning the required amount.  If using the South African earnings route 12 months payslips are required.

INCOME AND CASH SAVINGS COMBINED
In addition to income, cash savings can be used to reach the required minimum earnings. If you intend to use cash savings to supplement your income you need to show a minimum savings of £16000, any amount OVER the £16000 can be used to supplement your income to help you reach the minimum requirement.

The calculation works like this:

(Amount of savings – 16 000) ÷ 2.5 = X

18 600 - X = amount of income you would still need to show.

Example: If you have £30 000 savings

(30 000 – 16 000) ÷ 2.5 = £5 600

£18 600 – £5 600 = £13 000


SAVINGS
Another way to look at the calculation above is to say savings must equal £16,000 plus the shortfall between the salary earned and the amount required, multiplied by 2.5. Looking at it this way, if you want to rely entirely on savings you need to have savings of £62 500 to apply for a spouse alone (£16 000 + (18600 x 2.5)) or £72 000 to apply for a spouse and one child (£16 000 + (18 600+3800)x2.5) and so on.

2 comments:

  1. So enjoying your posts Gill. Sounds like things are going well. I have a huge decision to make too. My daughter who has lived in St Albans for the past 5 years wants us to come over to stay but we are in our 70's and everyone here is saying "are you crazy" you will never adjust at your age! There are thousands of people leaving SA for the UK and I have been following all the posts on the Leaving for UK with lots of good advice. My biggest worry is are we going to manage financially? Hope to hear from you, I have so many questions. Regards Denise - from Hermanus.

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  2. Thanks for your comment Denise. It is a huge decision to make, so I can imagine the confusion you are feeling. I honestly believe that with the right attitude, anyone can adjust, at any age - in my opinion it really is "all in the mind". I'm not saying it's necessarily easy to stay positive (I certainly have my down days) but it's a matter of making your mind up that you have done the right thing, that you are going to make it work and then getting out there and being positive. The financial side of things is another story... I must admit that I do have concerns about our retirement savings - we are taking a huge knock financially as we are funding our younger daughter's varsity fees over here (the BIG bucks!) out of our pension savings... So yes, that is a major concern. Please let me know if you have any questions I can help you with.

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