UK Marriage: Spouse Visa Eligibility Criteria

If you are in the UK on a short-term visa and get married to a British citizen, you can apply for a spouse visa (also known as a UK Family Visa for spouses or partners). Here are the steps and considerations for this process:

Steps to Apply for a Spouse Visa

1. Marriage to a British Citizen:

o Ensure your marriage is legally recognized in the UK. You will need a valid marriage certificate.

2. Meet the Eligibility Criteria:

o Relationship Requirements:

 You must be legally married to or in a civil partnership with a British citizen.

 You must intend to live together permanently in the UK.

o Financial Requirements:

 Your partner must meet a minimum income threshold, usually £18,600 per year. This amount increases if you have dependent children.

 Proof of income can include salary, savings, or other financial resources.

o English Language Requirement:

 You must demonstrate knowledge of the English language. This can typically be done by passing an approved English language test or having an academic qualification that was taught in English and is recognized by UK NARIC.

o Accommodation Requirement:

 You must have adequate accommodation for you and your partner, and any dependents.

3. Gather Required Documents:

o Valid passport or travel documents.

o Proof of your relationship (e.g., marriage certificate, photos together, communication records).

o Financial evidence (e.g., payslips, bank statements, employment contract).

o Proof of English language ability.

o Proof of accommodation.

4. Apply for the Spouse Visa:

o If you are in the UK on a short-term visa (such as a visitor visa), you generally cannot switch to a spouse visa from within the UK. You will likely need to leave the UK and apply for the spouse visa from your home country.

o Submit your application online through the UK Visas and Immigration (UKVI) website. Pay the application fee and the Immigration Health Surcharge (IHS).

5. Biometric Information:

o Schedule and attend a biometric appointment to provide fingerprints and a photograph.

6. Wait for a Decision:

o The processing time for a spouse visa can vary, typically taking up to 12 weeks if you apply from outside the UK.

o Once approved, you will receive a vignette (temporary visa) in your passport, allowing you to travel to the UK. Upon arrival, you will collect your Biometric Residence Permit (BRP).

Important Considerations

• Applying from Inside the UK:

o If you are already in the UK on a visa that allows you to switch to a spouse visa, you can apply from within the UK. However, this is usually not possible on a short-term visa like a visitor visa.

o If your current visa status does not allow switching, you must apply from your home country.

• Legal Advice:

o Consider seeking legal advice or assistance from an immigration advisor to ensure your application is complete and meets all requirements.

Conclusion

While you can marry a British citizen while in the UK on a short-term visa, you will likely need to return to your home country to apply for a spouse visa. Ensure you meet all eligibility criteria, gather the required documents, and follow the correct application process. For specific advice tailored to your situation, consulting an immigration lawyer or advisor is recommended.