We use cookies on this site to ensure the most desirable user experience. By continuing to browse this website you are giving implied consent. Find out more.

Getting a UK Spouse Visa to Relocate to the UK After Marrying a British Citizen

Contents | Show more +

We first met in India and then got married there. We did not feel like moving to the UK, Emily’s home country, but when our son was born, we agreed that he would have better life opportunities in Europe. We had a lot of questions, “How do we relocate to the UK? What documents do we need to collect? What UK visa is best for Amid?” Emily’s friends recommended we discuss our case with Imperial & Legal.

Emily and Amid
Married couple
Clients’ names and photos have been changed

Emily first met Amid while on holiday in Goa. She was visiting with a friend from the UK, where she is from, to celebrate her graduation with a master’s degree. They were enjoying days on a beach and nights in nightclubs where she met a young man from Delhi who had come to the seaside on business. An owner of a small plastic pipe business, he was just about to get a new order. That evening he popped into a bar for a couple of whiskies and got stunned by Emily’s beauty. It was love at first sight. 

They exchanged phone numbers and spent some time together. It all started as a summer fling for Emily, but as soon as she arrived home, she realized that she missed not only the exotic Indian but also Amid. The two kept chatting online, and the girl began to immerse herself into the culture of that wonderful country. 

After about eighteen months of chatting and sometimes seeing each other, Emily and Amid finally got married. Initially, Amid had no intention of coming to the UK, so the couple settled in India. However, they decided to leave Delhi and came to live near the ocean. Amid’s business was flourishing, and the family felt very comfortable in India. Two years later they had a son – something they were very happy about – and the couple decided that it would be beneficial for the child to grow up in Europe and get a European education. 

The family decided to come back to the UK and settle here. Amid’s business was growing successfully, and there was no need for the owner to be there all the time. Besides, he was thinking about establishing a business of the same type in the UK. 

Our clients

Emily is a 26-year-old from the UK, a housewife and a mother. 

Amid is a 34-year-old from India, a businessman from Delhi. 

Their son, a UK citizen.

The Challenge

The husband is relocating to the UK and needs a residence permit. 

The Solution

Imperial & Legal advisors were considering two possible visa routes for Amid to come to the UK and get a residence permit: a UK Innovator visa and UK Spouse and Civil Partner visa

The first route was too much of a hassle. Amid was indeed planning to establish his own business in the UK, but this visa route requires your business idea to be endorsed by a relevant body. This is not that easy: an applicant must present a business plan indicating not only why your business idea is viable, but also how it can benefit the UK economy: create jobs, pay taxes, implement technological innovations, cover a market niche, etc. Besides, the minimum investment is £50,000.       

The second route, however, – a UK Spouse visa – seemed to be quite promising. A British citizen’s spouse can rejoin their family in the UK and relocate without unnecessary delays. This right is guaranteed by the European Convention on Human Rights ratified by the UK. 

However, one can obtain a UK Spouse and Civil Partner visa provided they comply with certain requirements. For example, they must prove that they are in a genuine relationship, which was not a problem for the couple. But another requirement posed a challenge. According to the rules, a couple must be able to financially support themselves. So, they must prove that they have a combined income of at least £18,600 a year during the last six months (and an extra £3,800 for a child) and will have the same income after they have relocated to the UK. 

The problem was that Emily had not been working. She dedicated herself to her family and her baby. Her husband ran a business and provided for the family. Although it was possible to prove the required level of income during the previous six months, it was extremely difficult to collect evidence proving that the same level of income would be sustained in the future. Of course, there were several long-term contracts. But nothing is guaranteed, and profits can vary from month to month. 

Our advisors explained to the couple that there was another way to prove that they could financially support themselves, which is necessary to get a UK Spouse and Civil Partner visa: they had to demonstrate that they have savings of at least £62,500. The sum is required to have been in their bank accounts for at least six months. 

In the beginning Amid and Emily were not sure they could prove their income as they did not have such a huge sum of money in their bank accounts. However, their combined assets turned out to be enough, and Imperial & Legal advisors helped the couple to compile a UK Spouse and Civil Partner visa package of documents, proving that Amid complied with all the requirements of the Home Office.

Thanks to such a thorough and meticulous approach to the case, Amid received his UK Spouse visa on the first attempt, and the family had no problems relocating to the UK. 

Conclusion

British immigration rules are complex and not easy to navigate. They are not intended to confuse applicants but to cover all the bases. This, however, might result in applicants for UK visas knowing nothing about their rights and obligations. This is what makes the assistance of qualified immigration advisors, with a high level of expertise, totally indispensable. 

They will not only save you from mistakes which may lead to unwanted consequences but also find a solution for a problem which might seem unsolvable. This will take the hassle out of your immigration journey to the UK so that you are left with enough energy to get settled comfortably in a new country. 

Tired of getting general advice?

We will work with you to find a customised solution for your immigration, second citizenship, business, tax and other needs.

Whatsapp