5 most common questions about UK Spouse visa

#1 How long can I be out of the UK? 

#2 Difference between 5 and 10-year route? 

#3 Does having a British child exempt from the Financial Requirement £18,600? 

#4 English language: A1, A2 or B1? 

#5 When to apply for British Citizenship: 3 or 5 years? 

#1 How long can I be out of the UK?

By far, most common question ever! You might have heard 6 month or 90 days or 6 months per year. 

The ruth is: there is no rule. Each case is considered individually.

The only rule is “you live permanently with your partner in the UK”. 

In practice, with the new online application forms, you will be asked about your trips abroad and reasons, such as holiday or work. 

It will attract attention if you spend more than 50% of your '‘visa time” outside the UK. 

We recommend to go by the same rule as for work visas: 6 months per year and your main home has to remain in the UK. 

If this affects you - please contact us for an individual assessment. 

#2 Difference between 5 and 10-year route? 

5 or 10 years refer to the amount of time you need to spend in the UK to quality for permanent residency. 

In the standard 5-year route you need only 5 years (2 visas: 2.5+2.5) but have to meet all the requirements including Financial £18,600. 

In the 10-year route, you need to wait twice longer and pay more (4 visas: 2.5+2.5+2.5+2.5) but some of the requirements, such as Financial or English, can be waived altogether. 

It is often thought (mistakenly) that 10-year is an easy route, available to all. 

This is not the case! 

It is only for those with exceptional / compassionate circumstances.

#3 Does having a British child exempt from the Financial Requirement £18,600? 

This is in continuation of the above. 

We often see clients coming to us who cannot meet the Financial Requirement £18,600.

Often it is because of the way it is administered rather than because of not having a £18,600 job. 

The question goes: “But we have 2 chidden born in the UK and they have UK passports, does it make a difference?" 

The answer is: “if you are applying for extension, Yes, very likely”. In practice, you are likely to be given a visa - but in the 10-year route (see above). 

If you are applying for an entry visa, No, it is unlikely to make a difference in most cases, and you would need to wait until the Financial Requirement has been met. 

On the positive side, the income threshold remains £18,600, it only goes up if non-British children are applying for visas.  

#4 English language: A1, A2 or B1? 

What a confusion! How many levels are there, when do we need what? 

When you apply for your 1st Spouse/Partner visa, you need the most basic level - A1. 

When you apply for extension (after initial 2.5 years), you need a higher level - A2.

When you apply for permanent residency, you need an even higher level. - B1. 

When you apply for British Citizenship, you need the same B1 level, so, in practice, you don't need to meet it again. 

#5 When to apply for British Citizenship: 3 or 5 years? 

This is another common misunderstanding. 

If you read the guidance on the internet, you will see 3 years. 

Yet professionals, like us ,say 5 years. Who is right? 

Doesn't help that press claims Meghan Markle can have it after 3 years (she can't). 

So, the actual rule in the Nationality law is indeed 3 years but….!

It is only one rule of several. 

Another rules is to have a permanent residency status (Indefinite Leave). 

From 2012 spouses and partners need 5 years in the UK to qualify for it. 

The real answer is: you need 5 years!   

For more, welcome to our website, page In detail: UK Spouse and Partner visas

As always, we are here to offer individual advice, you can book here on our website. A consultation can be face-to-face at our London office, on What’s App, Skype or email. 

1st4Immigration is one of the most experienced and prominent UK immigration law companies, accredited by the OISC at the highest Level 3. We have been in business for over 10 years, our OISC reference is 200800152, in which 2008 stands for the year accreditation. Office address: Tower 42 (NatWest Tower), 25 Old Broad Street, City of London, London, EC2N 1HN.