Bringing my American Spouse to the UK

Bringing My American Spouse to the UK

Bringing My American Spouse to the UK: Understanding the UK Spouse visa process

If you are a British citizen or settled in the UK and looking to bring your American spouse to the UK, understanding the UK spouse visa process can make all the difference. While the prospect of submitting a UK visa application can feel daunting, this blog summarises some of the key legal requirements for a UK spouse visa. Still, it is not a substitute for receiving tailored legal advice based on your circumstances. For more detailed advice, please arrange a free consultation with one of our immigration experts.

What is the UK Spouse Visa?

The UK spouse visa is designed to allow British citizens or those settled in the UK to bring their spouse or partner to live with them in the UK. For American spouses, this is a route to long-term residency and a step towards UK citizenship if that is in your plans.

Nevertheless, the UK spouse visa process comes with specific eligibility criteria and an application process that needs thorough preparation. Here is what you need to know to start on the right footing.

What are Key Requirements for the UK Spouse Visa?

To apply successfully, you and your American spouse must meet several requirements. These include:

  • Relationship Requirement: If married, your marriage must be legally recognised. This usually means that you will need a valid marriage certificate. If not married, you must prove that you and your partner have been in a relationship like a marriage for at least two years. Whether married or not, you must also show you are in a genuine relationship. The UK government looks closely to ensure the relationship is genuine, meaning you must demonstrate that you are in a real and committed relationship. Evidence of your relationship history, such as evidence of living together, evidence of joint finances, photos, travel records, having a family together, supporting letters from family and friends, may help to make your application stronger.
  • Financial Requirement: One of the most challenging aspects of the application is proving you have adequate financial resources. The basic requirement is that you must have an income of at least £29,000 per year to meet the financial requirement. However the Home Office will only accept certain sources of income to count towards the £29,000 threshold. It may also be possible to rely upon savings to meet the requirement. If you are relying exclusively on savings, the required amount to be held is £88,500.
  • Accommodation Requirement: You will need to show that you have suitable accommodation arranged for when your spouse or partner arrives in the UK. This could be rented or owned property, but it must be adequate for you and your spouse, meeting the UK’s standards for living space and not being overcrowded. It may also be appropriate for you to stay with friends or family members when you first arrive in the UK.
  • English Language Requirement: As US nationals are considered part of the group of countries exempt from the English language test due to being a majority English-speaking country, they do not need to sit an English language test. For the English Language Requirement, your American spouse or partner can use their passport as evidence of meeting this requirement.

What is The Application Process?

Once you have determined you meet the relevant requirements, you will be ready to start the application process. Here is how it typically unfolds:

  • Prepare Your Documents: The list of required documents can be extensive, so it would be beneficial to start the application process as soon as possible. Key documents include your marriage certificate, evidence of your relationship (such as correspondence and photos), financial documents (for example, bank statements, payslips, or tax returns) and proof of accommodation. Each document should be meticulously organised and, if needed, translated into English.
  • Submit the Application Online: The Application is submitted through the UK Visas and Immigration (UKVI) online portal. Once submitted, you can book a biometrics appointment at a local visa centre in the US. In the US there are a number of Application Support Centres across the country which can be attended. Alternatively there are premium VFS centres at a smaller number of locations. During this appointment, your fingerprints and photos will be taken for identity verification, ensuring the security and privacy of your application.
  • Processing Time and Decision: Processing times vary depending on the specifics of your application, but typically, a standard spouse visa application takes around 12 weeks. However, with priority processing, available for an additional fee, the waiting time can be reduced to approximately 6 weeks.
  • Prepare for your Visa Decision: It is important to note that the Home Office is no longer issuing Biometric Residence Permits (BRPs). Instead, once your partner’s visa is approved, they will receive an email with instructions on how to set up their UKVI account. This account will provide access to their eVisa and official documentation for living in the UK.

What are the Common Challenges in Spouse Visa Applications?

While some applications are successful, some common challenges can delay or complicate the process. Here are a few of the most frequent issues applicants may encounter:

  • Financial Complications: The rules are strict on how the financial requirement is evidenced, with long lists of documents needed in particular for those who are self-employed applicants. The specialist lawyers at OTB Legal have a lot of experience in preparing spouse visa applications from the US and can assist you with taking the most straightforward approach in evidencing that the financial requirement is met, giving you the best chance of success. We are aware that the US nationals often have funds tied up in investments in a way that cannot immediately be relied upon. We can assist with advising on what steps are needed in order to free up investments to enable reliance upon those funds for the purpose of making an application.
  • Insufficient Relationship Evidence: The Home Office scrutinises relationships to ensure genuine ones. Providing clear and well-organised evidence of your relationship history is essential. Messages, travel logs, and photos are helpful, but the quality and consistency of the evidence matter more than sheer quantity. Our experts at OTB Legal are highly experienced in guiding applicants through this process, ensuring your evidence is comprehensive, compelling, and meets the Home Office’s standards, which can help to avoid unnecessary delays or devastating rejections.
  • Incomplete or Inaccurate Documentation: Immigration applications are often delayed or rejected due to minor errors or missing documents. A careful review or professional guidance can help avoid unnecessary setbacks. At OTB Legal, our experts are here to assist you every step of the way, ensuring your documentation is complete, accurate, and submitted correctly. With our professional support, you can navigate the application process with confidence and minimise the risk of delays or rejections.

The UK spouse visa process can feel overwhelming and getting it right the first time is essential. Working with us at OTB Legal ensures you receive valuable support at every stage of the process. With professional expertise, you can minimise the risk of delays and enhance your chances of a successful application.

At OTB Legal, we understand the importance of reuniting families and believe in providing transparent, practical advice tailored to each unique case. Whether you need help compiling documents, understanding your eligibility, or managing a complex application, our experienced team is here to guide you.

Bringing your American spouse to the UK doesn’t have to be a daunting experience. With the right preparation and support, you can look forward to starting your new chapter together in the UK.

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