The spouse visa is available to non-EU citizens (it is also available to EU citizens, although there is no real reason why they should wish to use it) who wish to come to the UK to live with their spouse who is either a British citizen holds Indefinite Leave to Remain in the UK or has a permanent right of residence under the Immigration (EEA) Regulations 2006
How to qualify
In order to qualify you will have to show that you are married to a person present and settled in the United Kingdom, or one who is currently being admitted for settlement. You will need to show that you intend to live permanently with your spouse and that your marriage is subsisting.
In order to qualify the applicant and the applicant's spouse must be 18 years or older.
A minimum income threshold of £18,600 is required in order to sponsor the settlement of the spouse, partner, fiancé or proposed civil partner, with a higher threshold for any children also sponsored: £22,400 for one child and an additional £2,400 for each further child.
Length of stay and right to work
For applications submitted before 9 July 2012:
If you have been married for less than 4 years you will be granted a probationary period of residence of 2 years. If you can prove that you have been married for more than 4 years you may apply for indefinite leave to enter immediately from the British High Commission. This is effectively an application for settlement, without any probationary period.
For applications submitted on or after 9 July 2012:
You will be subject to a probationary period for settlement of five years, in order to test the genuineness of the relationship.
The route to immediate settlement for spouses and partners where a couple have been living overseas for at least four years has been abolished.
There are no work restrictions on this type of visa.
Permanent Residence
For applications submitted before 9 July 2012:
As stated above if you have been married for at least 4 years prior to your application, you can apply for settlement from the British High Commission in your home country. If not, you will be entitled to apply for indefinite leave to remain after you have lived in the UK for two years, provided that you can prove you satisfy the criteria for the spouse status at the end of this period.
For applications submitted on or after 9 July 2012:
You will entitled to apply for indefinite leave to remain after you have lived in the UK for five years, provided that you can prove you satisfy the criteria for the spouse status at the end of this period.
