Does Spouse Visa Have Better Alternatives? – General Immigration

Does spouse visa have better alternatives?

It is received knowledge that if you are married to a British
citizen, UK
spouse visa is your default immigration option.

Although in the majority of scenarios this is the case,
sometimes there are better options that shouldn’t be
ignored.

Here are some tips on the five factors you have to bear in mind
when choosing the right immigration category.

1. How soon will you qualify for indefinite leave to
remain

UK spouse visa leads to
indefinite leave to remain after five years in this specific
category. The five years cannot be combined with any other
immigration option. In other words, time spent as a skilled worker,
student, or global talent does not count toward the qualifying
period for indefinite leave to remain once you have switched into
the spouse visa route.

If any of the requirements of the spouse visa are not met, you
may still get your spouse visa, or spouse visa extension. But in
this case you would probably get your visa on the so called 10-year
route which will delay your entitlement to indefinite leave to
remain. For example, if you met the financial requirement but by
the time you had to extend your visa, the financial requirement
could no longer be met, you would get your extension under the
10-year route. If later you meet the financial requirement, you
will be able to switch back into the 5-year route, but your
eligibility for ILR under the 5-year route will start counting
afresh.

If your partner is holding the
ancestry visa to the UK, you are much better off applying for a
dependent visa before your partner gets settled status. This is
because dependants of ancestry visa holders have serious privileges
in comparison to dependants of British citizens and persons settled
in the UK. Dependants of ancestry visa holders qualify for ILR at
the same time as the main applicant. There is no requirement to
have spent a continuous period of five years in the UK before
applying for ILR. There is no English language requirement. And the
visa application fee is much cheaper than the spouse visa.

Dependants of a skilled worker visa holders are also in a
somewhat better position than dependents of settled persons. The
visa fee is lower in this immigration category. And if the main
visa holder is a Health and Care worker, or working for the NHS,
you may be exempt from paying the Immigration Health Surcharge
(IHS) – a huge portion of the government fee associated with
a visa application. You don’t have to take the progressive
English language tests until you are ready to apply for ILR. You
don’t have to meet the financial requirement as long as you can
be accommodated in the UK without recourse to public funds. There
is no risk of sliding down into the 10-year route. However, there
are restrictions on your absences from the UK – an absence of
more than 180 days in any 12 months interrupts continuity of your
residence and your time starts counting afresh.

Dependants of the Global Talent visa holders are also in a
better position than dependants of British citizens or persons with
indefinite leave to remain. Again, this is because the visa fee is
lower, there is no English language requirement or financial
requirement for this visa. However, absences from the UK have to be
limited to under 180 days in any 12 months if you are planning to
apply for ILR after five years of residence.

2. How much will the visa cost

Although the Immigration Health Surcharge is the same across all
visa categories (except for Health and Care workers and their
dependents), the visa fees may differ significantly and this
difference is often amplified by the number of applications for
extension you have to make before you apply for ILR. UK spouse visa
fee is higher than the visa fee for dependents of a skilled worker,
UK ancestry or Global talent visa holders. Of these, dependents of
persons with the Global Talent visa pay the least, although they
may lose to dependents of ancestry visa holders on the time
required to qualify for ILR.

3. Will you have to pass an English language test

If English is not your first language, the requirement to pass
the language test may be a significant consideration when choosing
the best visa option. An applicant for the spouse visa has to pass
the English language test in speaking and listening at A1 level for
the first application, at A2 level for an application for extension
and at B1 level in the same two components for indefinite leave to
remain and citizenship.

If you are applying for a skilled worker visa, you have to pass
the language test at B1 level in four components – speaking,
listening, reading and writing. However, as a dependent of a person
with a work related visa you don’t have to pass the language
test. This will not have any negative impact on your right to work
in the UK.

4. Are you restricted regarding the time spent outside the
UK

Spouse visa does not restrict the time spent outside the UK as
long as you maintain your main home in the UK and your relationship
with the British or settled sponsor is genuine and subsisting. It
you spend considerable time outside the UK you may wish to have
clearer defined rules even if this would include a restriction. As
it is, you have to show that your home is in the UK and there are
strong reasons of temporary nature why you had to spend time
outside the UK. Such reasons can be related to care for a family
member who is unwell, or a temporary work project outside the UK,
or a course of study.

All other immigration categories, except dependents of ancestry
visa holders, require
continuous residence in the UK. This restrict the number of
days you can be absent from the UK in any 12 months to 180 days.
Longer absences would interrupt continuity of your residence and
your qualifying period for ILR will start counting afresh after
your return from the prolonged absence.

5. What fall back options will you have

What happens if your marriage breaks down or the reason
underlying the grant of your visa no longer exists. You can switch
into sponsored employment route from virtually any immigration
category, provided you have a UK-based sponsor who is offering you
a job in a skilled occupation and is prepared to pay you in
accordance with or above the prescribed minimum pay rate for this
job.

Time spent in some immigration categories can be combined as a
continuous period leading to eligibility for indefinite leave to
remain. Such categories are
Skilled Worker, Scale-up,
Global talent, Representative of an Overseas Business, Minister
of Religion or International Sportsperson.

Other immigration categories cannot be combined with anything
else and you have to spend the complete qualifying period in this
category. These include the spouse visa, dependent partner in any
work related route, and UK ancestry visa.