Introduction
UK immigration law is bound to be difficult to understand, considering the innumerable types of visas in different cases. Out of all these, the spouse visa and partner visa are the most confusing ones. They might sound similar but they are a lot of differences in the eligibility criteria, application procedures, and rights given to both, though they are pretty much alike. This article looks into these very distinctions, bringing practical suggestions to make an informed decision.
Spouse Visa
The spouse visa is designed for those individuals who are married to a British citizen or someone with settled status in the UK. This type of visa allows a non-citizen spouse to live and work in the UK, subject to certain requirements laid down by the UK Home Office. The important eligibility criteria of a spouse visa are as follows:
- Genuine and Subsisting Relationship: The couple must demonstrate that the marriage is genuine and subsisting. Evidence can be in the form of wedding certificates, joint bank accounts, photographs, and records of correspondence. All this documentation is scrutinised by the Home Office to ensure that there is no intention to circumvent immigration rules by merely entering into a sham marriage.
- Financial Requirement: The spouse who is living in the UK, who is considered to be the sponsor, must be able to demonstrate his or her ability to meet the minimum threshold of income. He/she may prove his/her income through employment, self-employment, or cash savings, or through a combination of the three.
- Knowledge of English: The applicant must show knowledge of the English language. This may be evidenced by passing an approved English language test at level A1 or higher or by holding a degree taught in English. There are a few exemptions for this, such as nationals of majority English-speaking countries.
The application for a spouse visa will be made by the completion of a full application form, together with the relevant supportive documents. The applicant may also be required to attend a biometric appointment for fingerprints and a photograph to be taken.
The spouse visa is usually valid for 30 months. After this period, one has to apply for an extension to continue staying in the UK. They could then, after a total of five years, be eligible to apply for ILR, provided they still meet the requirements.
Partner Visa
The partner visa is intended for unmarried couples, including those in same-sex relationships, who have been living together in a relationship akin to marriage for at least two years. The prerequisites are near enough identical to those of the spouse visa. However, there is a requirement that the following aspects must be kept in check, as ordinary applicants are expected to biometrically verify, including the following:
- Genuine Relationship and Cohabitation: To establish cohabitation for a partner visa, a couple should provide evidence of living together, consistently, for at least two years. Examples of such evidence are joint bills, joint rental agreements, taxation documentation showing the same physical address, applications, or contracts for joint signatories—documentation reflecting a common financial situation.
- Financial requirement and English language proficiency: The financial and English language requirements for this category are the same as those applied in a spouse visa. The UK-based partner has to meet the threshold of income set, and the applicant has to prove his/her skills in English.
- Additional Evidence: The partner visa application requires more thorough evidence of living together than a spouse visa, which can be mostly dependent upon a marriage certificate. This applies to the provision of utility bills, tenancy agreements, or the like that show shared responsibility for accommodation and expenses.
Again, similar to a spouse visa, a partner visa will allow for the same rights, including living, working, and studying in the UK. Again, this is granted for 30 months in the first instance, but is extendable. Following five years in the UK on a partner visa, a person can apply for ILR, providing that all requirements are still being met.
Rights and Limitations
Both spouse and partner visa holders enjoy similar rights and are subject to similar limitations. They can work and study in the UK, and they must comply with the visa conditions, including living with their partner and not accessing public funds. Public funds refer to certain benefits and housing assistance, which are generally not available to visa holders.
Common Concerns and Practical Tips
One of the most difficult things that applicants have to prove is the genuineness of the relationship. Extensive documentation may include, but is not limited to, photos, evidence of travel, and affidavits. The meeting of financial requirements can at times be demanding, especially in situations of fluctuating income. In some cases, even savings can be enough if held for a sufficiently long time.
A visa application may be a stressful and complex process, so consulting an immigration lawyer near me will help you get the right advice on your particular case and make sure that everything in the application is properly covered.
Get Expert Help
The key to any successful application is understanding the difference between a spouse visa and a partner visa. Expert legal advice of great importance may be required. Through lawyersorted.com you are able to link up with some experienced immigration solicitors specialising in UK immigration law. Easily book appointments or request quotes online to begin your visa application journey.