Spouse Visa Guide for UK, USA, Canada

Are you a citizen, permanent resident or work permit holder in the UK and Canada and want your immediate family to move in with you? To facilitate families to live together including husband, wife, unmarried partner, or civil partner, people have an opportunity to apply for a Spouse Visa in order to set up a home together. This blog will take you through all the essentials of a UK Spouse Visa and a Canada Spouse Visa along with the documents required, the application process, processing time, fees and more! 

What is a Spouse Visa?

A Spouse Visa is a form of permit that often allows you to stay in the country, but it usually comes with a long list of requirements that must be satisfied ahead of time. Unfortunately, being married does not always qualify you for a Spouse Visa. The primary concern of many nations before issuing a Spouse Visa is whether the connection is genuine or if it is just a ruse to allow someone to enter the country. Before the Spouse Visa is issued, you may be required to show proof that you are a real couple, including attending interviews.

UK Spouse Visa or Partner Visa 

UK Spouse Visa or Partner Visa enables International citizens an opportunity to live and work in the UK. An individual is eligible to apply if they are the married partner, fiancé, proposed civil partner, or unmarried partner of a specified partner who is already settled in the UK. The UK government impose no immigration restrictions on the specified partner for how long they have to stay in the UK. 

Must Read: UK Student Visa: Requirements, Cost, Eligibility

UK Spouse Visa Requirements 

You must comply with the following requirements to obtain a Family Visa as a partner or a UK Spouse Visa:

• You and your partner must be 18 years of age or above.
• If you are a married couple, it must be legalized.
• You and your partner must intend to live together permanently.
• In the UK, your marriage or civil partnership must be accepted.
• When you apply, your relationship must be at least two years old (this is to prevent arranged marriages which British law does not recognize).
• If you are engaged, you must provide evidence that you will marry within six months.
• If you are a planned civil partnership, you must provide evidence that you will form a civil partnership within six months.
• You must be able to sustain yourself (and any dependents) without any public funds or government support.
• Sponsoring partners must have an earning capacity of 18,000 EUR (INR 16.24 Lakh per year). 
• Must meet the English language requirements. 
• You must have suitable accommodation for yourself and your spouse or dependent. 

Documents Required

Mentioned below are the supporting documents the UK Visas and Immigration Officials:

• Application for a UK visa. You must submit the VAF4A form in order to obtain a spouse visa.
• To be able to attach a visa, you must have a valid passport with at least one empty page.
• Previously held passports.
• Two colour passport-size photos that comply with UK regulations.
• English language requirement evidence.
• Evidence of financial capacity
• Photos of you two together are acceptable forms of relationship proof.
• Your full name
• Your birth date
• Information on earlier immigration applications, if any
• Criminal history disclosure form
• If applicable, your national insurance number
• If you are applying from outside the UK, the nationality and date of birth of your parents
• Evidence of accommodation: A document indicating your accommodations while travelling through the UK is required
• A biometric profile: Giving your fingerprints and having a digital photo taken at the proper application centre are included in this
• Proof of spouse visa fees being paid: You must turn in the receipt attesting to your payment of the necessary visa fee

If you’re bringing kids

• Along with your partner, if you intend to bring your children to the UK who are not British or EEA citizens, you must:
• For your first kid, earn an extra £3,000.
• For each additional child you have after your first, earn an additional £2,000.

UK Spouse Visa Fee and Processing Time

The UK Spouse Visa fee is €1,523 (INR 1.32 lakhs) in 2023 if you are applying outside of the UK and €1,033 (INR 87,000 approx) if you are applying inside the UK. In addition, from the time we submit the application to the UK Visas and Immigration, the average UK Spouse Visa application processing time is 2 – 12 weeks. The length of time it takes to process an application depends on the country from where it is submitted. 

Apply for Partner Visa UK 

Step 1: Submission of UK Spouse Visa: The first step is to go to the gov. uk website and fill out a comprehensive application form that asks you a lot of questions about your background and current situation. Take your time with this section because the application must be factually correct and aligned with the evidence you will provide for evaluation. You’ll be instructed to pay the application fee and the Immigration Health Surcharge after you’ve finished and confirmed the form. 

Step 2: Biometrics for UK Spouse Visa: After that, you’ll be sent to another website, VFS Global, to schedule an appointment for your biometrics enrolment. When you are redirected, a VFS Global account is created for you. You’ll be able to choose an appointment slot soon if you follow the online directions. 

Step 3: Evidence of UK Spouse Visa: Once the appointment has been made, you will have to submit the supporting documents to the VFS Global website. You can also opt for the scanning service for the documents. Now, it’s time to walk in for the appointment with all your checklists and declarations downloaded and completed. 

Step 4: Decision of UK Spouse Visa: For a decision on a UK spouse Visa application from India, the usual service timeframe is 60 working days. If a priority service is purchased and the criteria are met, this can be reduced to 30 working days.

How Long I Can Stay in the UK on a Spouse Visa?

You will be granted permission to remain in the UK for two years and six months if you have applied to join your husband/wife; but, if you have applied as a fiancé or potential civil partner, you will only be granted permission to remain for six months. You will need to extend your stay after this time.

How Can I Apply for a Spouse Visa Extension in the UK?

28 days before the expiration of your current UK visa, you may submit an application for a spouse visa extension. In order to obtain a visa extension, you will need to demonstrate, among other things, that you and your partner have lived together consistently throughout your time in the UK.

English Language Requirements for Partners

As a spouse visa applicant, you must demonstrate your ability to speak and understand English.

If you meet the English language requirement, you must:

You are a national of a country other than the European Union and Switzerland; you are in a relationship with a British citizen or a person settled in the UK; and you wish to immigrate to the UK as that person’s spouse.

If you are not a national of a majority English-speaking country or do not have a degree taught in English, you must pass an English language test administered by an approved test provider.

If you are applying from outside the United States, we can arrange for you to take an acceptable English language test in your native country.

Spouse Visa for Canada from India 

The Government of Canada provides you with an opportunity to invite your dependents or spouse to Canada. They can study or work once they have received the appropriate permits. The dependants can be your spouse, common-law partner, children under the age of 21, or any other member of the immediate family. 

Check out the various Canada Visa Types

Documents Required for Spouse Visa Canada

Below are the documents required for sponsoring a dependant issued by the Government of Canada: 

• A valid passport
• Travel history documents if any 
• Background information
• Proof of registration of marriage which is government-authorized
• Proof of employment income of sponsor to show adequate finances 
• You may be asked for car insurance, government-issued IDs, proof that you and your partner own property together, utility bills with both of your names, etc. 

Read everything about Canada Visa for Indian Students

Canada Spouse Visa Fee and Processing Time 2023

A Canada Spouse Visa processing time typically takes around 12 months to process. It could be as little as six months or as long as 36 months depending on the conditions and location. The sponsorship fee is $75 (INR 5k) and an additional $150 (INR 11k) will be required to pay for each child included in the Visa application. Following are the other costs associated with Canada spouse Visa processing: 

• Principal applicant fee: $475 (INR 35k)
• Right of permanent residence fee: $500 (INR 37k)
• Biometrics: $85 (INR 6k)
• Total: $1,135 (INR 85k)

Note: The Indian rupee (INR) is written as per the current exchange rate.

Canada Student Spouse Visa Rejection Reasons 

International students who meet all of the admissions requirements for a Canadian student Visa are usually positive about their chances. It should be noted, however, that a study permit may be denied even if the applicant meets the institution’s academic and admittance requirements. The following are a few of the most common grounds for IRCC rejection of a Student Visa: 

• If there are any financial insufficient funds;
• If the Visa officer questions the choice of your course; 
• If the applicant’s letter of acceptance is in question; 
• If the applicant is unable to submit the proof of language proficiency;
• If there are any faults in the travel history or identity documents 

USA Spouse Visa or H1B Visa

The H1B Visa spouse is called the H4 Visa. An H-4 Visa is a United States Visa that allows dependent family members of H-1B, H-1B1, H-2A, H-2B, and H-3 Visa holders to visit or reconnect with the primary Visa holder in the United States. A spouse or unmarried child under the age of 21 is considered a dependent family member.

Also Read: Study in USA

Relationship Legitimacy for UK Spouse Visa

The first step to obtaining a UK spouse visa is that the applicant must have a relationship recognized by UK officials. Make sure you submit all the documents that are correct, in case of false documents embassy will refuse the Visa application.

Essential Documents

The petitioner must provide the following to complete the process:

Form I-130, Petition for Alien Relative (signed and properly fee-paid), along with other necessary paperwork, such as:

• Proof of your marriage certificate
• A copy of all divorce judgments, death certificates, or annulment judgments proving that you and/or your spouse’s previous unions were dissolved
• Photos of you and your spouse in passport style (see Form I-130 instructions for photo requirements)
• Proof of each legal name change you or your spouse has undergone (may include marriage certificates, divorce decrees, court judgment of name change, adoption decrees, etc.)

You must provide proof of your citizenship in order to:

• A duplicate of your current passport OR
• Your U.S. birth certificate in copy form
• A copy of the Consular Report of Foreign Birth OR
• Your naturalisation certificate in copy form
• A copy of your citizenship certificate

If you have a Green Card and are a permanent resident:

You must provide proof of the following:

• A duplicate of Form I-551 (Green Card), front and back, OR
• A copy of your foreign passport with a stamp indicating temporary proof of permanent residency

Spouse Visa Entry Clearance

If you are planning to enter UK, you have to entry clearance. If a Visa applicant is applying from inside the UK then they must have leave to remain in the UK on a visa that is valid for six months at the time you apply. Switching to a spouse visa if the person is already in the UK is not possible.

FAQs

We hope you understand all the requirements for the UK and Canada Spouse Visa. Are you interested in building your educational career in the UK or Canada? We at Leverage Edu can provide you with perfect assistance! Call us on 1800572000 and sign up for the free career counselling session with our mentors!