In UK immigration system, switching from a T4 student visa to a spouse visa is possible for individuals who are currently married to a British citizen or settled individual. The Spouse Visa (5 Years Route) is as a key immigration route for those who are married to such individuals (British citizen or Settled Person), offering a path to settlement. With the recent amendment in the financial requirement to UK spouse visas, as of April 11, 2024, the standards for applicants have been increases to a higher threshold. This adjustment will increase the minimum financial threshold from £18,600 to £29,000.
In this we aim to break down and explain the crucial requirements, the step-by-step application procedure, and the advantage of instructing a specialist immigration solicitor in ensuring your visa switch is as seamless as possible.
Key Points Takeaways Table
| Point | Explained |
|---|---|
| Visa Type | Spouse Visa (5 Years Route) |
| April 11th Financial Threshold Change | Financial Requirement increase to £29,000 |
| Primary Requirements | Valid application, Immigration status, Relationship, Age, Suitability, Financial, Accommodation, English language |
| Application Form | Online form FLR(M) |
| Specialist Solicitor Benefits | Experts in immigration law can help maximise your application prospects |
What Are The Requirements to Switch into a Spouse Visa?
Switching to a Spouse Visa (5 Years Route) from other visa categories mandates that applicants conduct detailed preparation to meet specific criteria outlined by the UK Immigration Rules. The requirements are designed to ensure that both parties in the partnership are committed and are financially stable, with the ability to support each other without relying on public funds. Understanding and fulfilling these requirements is a fundamental aspect a successful application.
Table of Key Requirements
| Requirement | Criteria |
|---|---|
| Valid Application | Use form FLR(M), ensure accuracy in all provided information |
| Immigration Status | Not a visitor or on short-term leave, exceptions apply |
| Relationship | Genuine marriage to a qualifying UK spouse |
| Age | Both parties aged 18+ |
| Suitability | Meet character and suitability checks |
| Financial | £29,000 minimum income from April 11, 2024 |
| Accommodation | Adequate living arrangement without public funds |
| English Language | CEFR level A1 minimum in speaking and listening |
What Application Form Do I Use to Switch To A Spouse Visa?
- The application process begins by submitting a valid application using the application form FLR(M). It’s imperative that applicants provide accurate and up-to-date information to avoid delays or refusals.
Immigration Status Requirement
- Applicants must not be in the UK on a visitor visa or any leave granted for six months or less, with the exception of those on a fiancé(e) or proposed civil partner visa, or those granted leave pending the outcome of family court or divorce proceedings.
Genuine & Subsisting Relationship Requirement
- The relationship between the applicant and the UK sponsor must be genuine and subsisting. Applicants must be married to a person who is a British Citizen, has settled status, pre-settled status, or another eligible category under the UK Immigration Rules.
Minimum Spouse Visa Age Requirement
- Both the applicant and their UK spouse must be 18 years or older at the time of application, in order to comply with UK marital consent laws.
Minimum Financial Threshold Requirement
- A key change is the new financial requirement set at £29,000 gross per annum for applications made on or after April 11, 2024. This threshold is crucial for demonstrating the ability to support oneself without access to public funds. The financial requirement can be met through income from employment, savings, or a combination of both.
Adequate Accommodation Requirement
- Applicants must also prove that they have adequate accommodation for themselves and any dependents without recourse to public funds.
English Language Requirement
- Applicants must demonstrate the ability to communicate in the English language to the given degree of proficiency of CEFR level A1 in speaking and listening.
How to Apply to Switch into a Spouse Visa
The application for a Spouse Visa (5 Years Route) requires attention to detail and strict adherence to the Home Office’s procedures. The transition from a student visa to a spouse visa within the UK involves several critical steps:
How to Apply
- Online Application: The visa switch begins by completing the online application form FLR(M). This form collects details about you, your spouse, and both of your circumstances.
- Application Fees: Applicants must also complete the payment of the application fee to process your visa application. This includes the Immigration Health Surcharge (IHS), which will provide you access to the National Health Service during your stay.
- Biometrics Appointment: After submitting your application, you’ll need to book and attend a biometrics appointment. This appointment will include you providing your fingerprints and a photograph at a designated Visa and Citizenship Application Services (VCAS) centre.
- Document Submission: Applicants will also need to submit all required documents, including proof of relationship, financial stability, and English language test results.
When Can You Apply?
You can apply at any time after your marriage to your spouse who is either UK citizen or has Indefinite leave to remain. There’s no need to wait until your current visa is close to expiration before you switch, but it’s crucial to ensure all eligibility requirements are met.
Using Super Priority Service
For individuals looking for a quicker decision on their application, the Super Priority Service will provide a decision within 24 hours after your biometrics appointment, however, this expedited service will come with an additional fee.
Table: Key Steps to Apply for a Spouse Visa
| Step | Description |
|---|---|
| Online Application | Complete and submit form FLR(M) along with the application fee and IHS. |
| Biometrics | Book and attend an appointment at a VCAS centre to provide biometric information. |
| Document Submission | Prepare and submit required evidence, including financial documents and proof of relationship. |
| Super Priority Service | opt for this service for a faster decision, usually within 24 hours after the biometrics appointment. |
What Other Aspects Should I Consider?
When switching from a student visa to a spouse visa, it’s critical to understand not only the process but also the specific aspects that can affect the outcome of your application. These may include:
- Eligibility: Confirming that you meet all the requirements before application to avoid potential refusals.
- Documentation: Ensuring all documents are up-to-date, accurate, and in the correct format as per the Home Office guidelines.
- Financial Requirement: With the recent change, applicants need to be particularly vigilant about meeting the new financial threshold.
How Can UKSpouseVisa.co.uk Help With Your Visa Switch?
Instructing one of our specialist immigration lawyers to help you switch into a spouse visa can significantly enhance your chances of success. The complexities of immigration law require not a detailed understanding and experience in the industry that can guide you through the requirements and documentation.
Why Choose UKSpouseVisa
Choosing the right law firm for your spouse visa application is crucial.
- Experience and Positive Client Reviews: Our track record speaks volumes, as in the last 12 months our team have achieved a absolute success rate of 100% regarding spouse, fiancé, and civil partner visas.
- Remote Legal Services Offered: We Understand how our clients have busy lives and as such we offer all of our services in a remote format, include switching your student into a spouse visa, allowing you to manage your application from anywhere in the UK or the world.
- Qualified Solicitors Handling the Casework: Our team are lead fully qualified, SRA regulated solicitors who specialising in UK immigration law, ensuring that your application is in expert hands.
Conclusion
Switching from a student visa to a spouse visa in the UK is a significant step towards building a life with your partner. While the process can be complex to tackle alone, with the right preparation, understanding of the requirements, and professional guidance, it’s entirely achievable. Our team are dedicated to supporting you through every step of this journey, ensuring a smooth transition to your new life in the UK.
Ready to switch into your new visa with confidence? Contact us today for expert assistance with your spouse’s visa application.
