Spouse and family

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Spouse visa UK category is for partners of British citizens, persons with indefinite leave to remain in the UK or limited leave to remain under Appendix EU or Appendix ECAA, who wish to join, or stay with, their husband or wife in the UK. You can also apply for a UK Spouse visa if your Spouse is outside the UK but intending to return to the UK with you.
Family Visa for a PBS Migrant visa category is for partners and children of points-based system migrants to enter and remain the UK with their family member. To apply in this category, you must be related to a PBS migrant as either their husband, wife, civil partner, unmarried partner, same sex partner or child (under the age of 18 at first application).

Requirements for a UK Spouse visa application

To qualify for a UK Spouse visa, you will need to satisfy UK Visas and Immigration that you meet the following requirements:

  • Your partner is British, holds indefinite leave to remain, limited leave to remain under Appendix EU or limited leave to remain under Appendix ECAA.
  • You are both over the age of 18.
  • You have met in person and are legally married.
  • Your relationship is genuine, and you intend to live together permanently.
  • Any previous relationships have broken down permanently.
  • You will be adequately maintained in the UK without recourse to public funds.
  • There is adequate accommodation for you and any dependents.
  • You speak and understand English to the required level.

The exact requirements you will need to satisfy will vary depending on your circumstances.  You may want to speak to an immigration lawyer for expert advice.

Financial requirement for a UK Spouse visa

To demonstrate that you can be adequately maintained in the UK without recourse to public funds, you will need to satisfy a financial requirement.

The financial requirement for a UK Spouse visa application states that you will need to demonstrate that your Spouse (or both of you jointly if you are in the UK with valid leave to remain) has a gross annual income of at least:

  • £18,600; plus
  • £3,800 for a first child (who is not British, settled or an EEA national); plus
  • £2,400 for each additional child (who is not British, settled or an EEA national).

Satisfying the financial requirement

  • You can meet the UK Spouse visa financial requirement through salaried and non-salaried income, self-employed income, salary and/or dividends from a company of which you are a Director, property rental income, dividends and income from investments, stocks, shares, bonds or trust funds, pension income, insurance payments, maintenance payments and cash savings above £16,000 that have been held for at least six months, unless you can demonstrate that they have come from the sale of property or investments within the last 6 months.In some circumstances it is possible to rely on a combination of the above sources of income to satisfy the financial requirement.Different considerations will apply if your Spouse is in receipt of certain benefits.

Requirements for a Family Member of a PBS Migrant visa

To qualify for entry clearance or leave to remain as the partner of a PBS migrant, you will need to satisfy UK Visas and Immigration that:

  • You are over the age of 18.
  • You are the spouse, civil partner, unmarried partner or same sex partner of a person who has leave as a PBS migrant, is being granted leave at the same time as a PBS migrant or, if applying for an extension of stay, your partner has ILR as a PBS migrant or has obtained British citizenship after having ILR as PBS migrant;
  • If you are the unmarried or same-sex partner of a PBS migrant, you have been living in a relationship like marriage or civil partnership for a period of at least 2 years.
  • Your relationship with the PBS migrant is subsisting and you intend to live together throughout the PBS migrant’s stay in the UK.
  • You do not intend to stay in the UK beyond any period of leave granted to the PBS migrant.
  • You satisfy a maintenance funds requirement (unless the PBS migrant is a Tier 1 Investor migrant or Skilled worker or Global Talent  migrant);
  • If you are the family member of a Student Route, the student is studying, or will be studying, on a specified type of course.

To be granted entry clearance or leave to remain as the child of a PBS migrant, you will need to satisfy UK Visas and Immigration that:

  • You are the child of a person who has leave as a PBS migrant, is being granted leave (including ILR) at the same time as a PBS migrant, or has indefinite leave to remain or British citizenship and who was last granted ILR under the rules relating to Skilled worker, Global Talent or Investor Visa
  • You are under the age of 18 on the date of application, unless you are applying for leave to remain and were last granted leave as the child of a PBS migrant or the child of a migrant granted leave under a different category of the rules who has since been granted leave as a PBS migrant or who is applying for leave as a PBS migrant at the same time;
  • You are not married or in a civil partnership, have not formed an independent family unit and are not leading an independent life.
  • You do not intend to stay in the UK beyond any period of leave granted to the PBS migrant.
  • Both of your parents are lawfully present in the UK or being granted entry clearance or leave to remain at the same time, unless:
  • the PBS migrant is your sole surviving parent.
  • the PBS migrant has and has had sole responsibility for your upbringing.
  • there are serious or compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made for your care in the UK.
  • You satisfy a maintenance funds requirement (unless the PBS migrant is a Tier 1 Investor migrant or Global Talent migrant);
  • If you are the dependant of a Student Route, the student is studying, or will be studying, on a specified type of course.

Family Members of EEA ‘QUALIFIED PERSONS’

An EEA national may be joined or accompanied to the United Kingdom by their family members, which may include EEA nationals that are not themselves exercising Treaty Rights and non-EEA nationals.

Family members are broken down into two tiers: Immediate Family Members and Extended Family Members.

Immediate Family Members

Under Regulation 7 of the Immigration (European Economic Area) Regulations 2006 the immediate family members of an EEA national include:

  • Their Spouse or Civil Partner and
  • The direct descendants of either the EEA national or their spouse who are under the age of 21 or are their dependants

The dependant direct relatives in ascending line of either the EEA national or their spouse. (For example, their parents or grandparents)

Where an EEA national has entered the United Kingdom as a Student their children must be dependant to be considered as family members. Further there is no provision to include dependant direct relatives in ascending line.

Following the landmark ruling in the case of Metcock and Ors v Ireland (Case C-127/08) the ECJ held that:

  • The right of a Non-EEA family member to join or accompany an EEA Citizen is not conditional on prior lawful residence in another Member State.
  • The right is also not conditional on physically accompanying their EEA Citizen family member from one country to another but rather the exercise of free movement of rights by the EEA Citizen that triggers the right to be accompanied by their spouse.
  • A Non-EEA spouse can accompany or join their EEA spouse irrespective of when and where their marriage took place and of how that spouse entered the host Member State.
  • An EEA national is not required to have founded a family at the time when he moves in order for his family members who are Non-EEA nationals to qualify for a Family Residence Permit
  • It was further held that there is no difference whether a Non-EEA national family member entered the UK before or after becoming a family member of an EEA Citizen.

Extended Family Members

Under Regulation 8 of the Immigration (European Economic Area) Regulations 2006 the extended family members of an EEA national include:

  • A relative of the EEA national, their spouse or civil partner who resides or resided in the same state as the EEA national and is dependent on the EEA national or a member of his household
  • A relative of the EEA national, their spouse or civil partner who on serious health grounds strictly requires the personal care of the EEA national, spouse or civil partner. The UK Border Agency state that ‘health grounds’ must be well beyond ordinary ill health and detailed medical evidence will be required detailing their medical condition and the need for personal care.

A partner of an EEA national in a ‘durable’ relationship with an EEA national. The Home Office has taken the view that the same criteria as for unmarried partners within the Immigration Rules must be satisfied i.e a requirement to have resided together for at least two years. A relative of the EEA national, their spouse or civil partner who would meet the Immigration Rules as a dependant relative.

An extended family member must have previously lived in another EEA state and their dependency on the EEA national, their spouse or civil partner must have existed either in that state or when they lived with the EEA national there.

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