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Spouse Dependent Visa vs. Marriage Visa: What’s the Difference?

Navigating the UK visa system can be overwhelming, especially when it comes to understanding the different visa options available for spouses or partners.

Two of the most common visa types are the Spouse Dependent Visa and the Marriage Visa. While these terms are often used interchangeably, they refer to different visa categories with distinct requirements, eligibility criteria, and application processes.

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In this comprehensive guide, we will explore the key differences, eligibility requirements, and application processes for each visa type to help you make an informed decision.

What is a Spouse Dependent Visa?

A Spouse Dependent Visa is a visa category that allows the spouse or partner of an individual who is already in the UK on a valid visa to join them. This type of visa is typically available to the dependents of people who are on work visas, study visas, or other long-term visa categories in the UK.

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Eligibility Criteria for Spouse Dependent Visa:

  1. Relationship Requirement: The applicant must be legally married to or in a civil partnership with the primary visa holder. In the case of an unmarried partner, they must have been living together in a relationship akin to marriage for at least two years.
  2. Valid Visa for Primary Applicant: The primary visa holder must have a valid visa that allows them to bring dependents to the UK, such as a Skilled Worker Visa, Student Visa, or Innovator Visa.
  3. Proof of Relationship: The applicant must provide evidence of the relationship, such as marriage or civil partnership certificates, photos, joint bank accounts, and other relevant documents.
  4. Financial Requirement: The primary visa holder must meet certain financial requirements to demonstrate they can support their spouse without relying on public funds.
  5. Accommodation Requirement: There should be adequate accommodation available for both the primary visa holder and the dependent spouse.
  6. English Language Requirement: In some cases, the dependent spouse may need to meet English language requirements.

Application Process:

  • Step 1: Gather necessary documents (passport, marriage certificate, proof of relationship, financial documents, etc.).
  • Step 2: Fill out the application form online via the official UK government website.
  • Step 3: Pay the required fees, including the visa application fee and the Immigration Health Surcharge (IHS).
  • Step 4: Attend a biometric appointment to provide fingerprints and photos.
  • Step 5: Submit the application and wait for a decision.

Duration and Extensions:

The Spouse Dependent Visa is typically granted for the same period as the primary visa holder’s visa. If the primary visa holder extends their visa, the dependent can apply for an extension. Dependents on this visa can usually work and study in the UK, although there may be some restrictions.

What is a Marriage Visa (Spouse Visa)?

A Marriage Visa, also known as a UK Spouse Visa, allows the spouse or civil partner of a British citizen or a person with settled status (such as indefinite leave to remain or permanent residency) to join or stay with them in the UK. This visa category is designed for individuals who are married to or in a civil partnership with someone who is already settled in the UK.

Eligibility Criteria for Marriage Visa:

  1. Relationship Requirement: The applicant must be legally married to, or in a civil partnership with, a person who is a British citizen or has settled status in the UK.
  2. Residency Requirement: Both the applicant and the sponsor must intend to live together permanently in the UK.
  3. Proof of Relationship: Similar to the Spouse Dependent Visa, the applicant must provide proof of a genuine and subsisting relationship.
  4. Financial Requirement: The sponsor must meet a specific financial threshold, usually an annual income of at least £18,600. This amount increases if there are children involved.
  5. Accommodation Requirement: The sponsor must provide proof that they have adequate accommodation for themselves, the applicant, and any children.
  6. English Language Requirement: The applicant must pass an approved English language test unless they are from an English-speaking country or meet certain exemptions.

Application Process:

  • Step 1: Ensure you meet the eligibility requirements and gather the required documents.
  • Step 2: Complete the application form online through the UK government’s official visa application portal.
  • Step 3: Pay the visa fee and the Immigration Health Surcharge (IHS).
  • Step 4: Attend a biometric appointment.
  • Step 5: Submit the application and wait for a decision.

Duration and Extensions:

The Marriage Visa is initially granted for 2.5 years (30 months). After this period, the applicant can apply for an extension for another 2.5 years. After living in the UK for 5 years on a Marriage Visa, the individual can apply for indefinite leave to remain (ILR), which is the first step toward UK citizenship.


Key Differences Between Spouse Dependent Visa and Marriage Visa

CriteriaSpouse Dependent VisaMarriage Visa
Primary Visa HolderSomeone on a valid UK visa (e.g., work, study)British citizen or person with settled status
Financial RequirementDepends on the primary visa holder’s financial statusSponsor must earn at least £18,600 per year
EligibilitySpouse of a non-British individual already in the UKSpouse of a British citizen or settled individual
DurationMatches the primary visa holder’s visa2.5 years initially, extendable to another 2.5 years
Path to SettlementIndirect path via the primary visa holder’s routeDirect path after 5 years to indefinite leave to remain (ILR)
Right to WorkGenerally allowed to workAllowed to work without restrictions
English Language RequirementSometimes requiredAlways required, unless exempt

Which Visa Should You Apply For?

The choice between a Spouse Dependent Visa and a Marriage Visa depends on your specific circumstances:

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  1. If your spouse is a British citizen or has settled status: You should apply for a Marriage Visa. This visa is designed for spouses of people who are settled in the UK, and it provides a direct path to permanent residency and citizenship.
  2. If your spouse is in the UK on a temporary visa: You should apply for a Spouse Dependent Visa. This visa is for individuals whose spouses are in the UK on a work, study, or other temporary visas. It allows the dependent spouse to join the primary visa holder for the duration of their stay.
  3. Financial considerations: The financial requirements for a Marriage Visa are strict, and if you cannot meet the income threshold, you may face difficulties in securing the visa. The Spouse Dependent Visa’s financial requirements are more flexible, depending on the primary applicant\’s visa.
  4. Path to Settlement: If you are looking for a long-term stay in the UK and eventual citizenship, the Marriage Visa offers a direct route to permanent residency and citizenship. On the other hand, a Spouse Dependent Visa may not always provide a straightforward path to settlement, as it depends on the primary visa holder’s circumstances.

Frequently Asked Questions (FAQs)

1. Can I switch from a Spouse Dependent Visa to a Marriage Visa?

Yes, if your spouse becomes a British citizen or obtains settled status, you can apply to switch to a Marriage Visa. However, you will need to meet all the eligibility criteria for the Marriage Visa, including financial requirements.

2. Can I work in the UK on a Spouse Dependent Visa?

Yes, in most cases, individuals on a Spouse Dependent Visa are allowed to work in the UK, although some restrictions may apply depending on the primary visa holder’s visa category.

3. How much does it cost to apply for a Marriage Visa?

The fee for a Marriage Visa is approximately £1,538 if applying from outside the UK, and £1,048 if applying from within the UK. You will also need to pay the Immigration Health Surcharge, which is currently £624 per year.

4. What happens if my application is refused?

If your application for either visa is refused, you may have the right to appeal the decision or reapply. It’s essential to address the reasons for the refusal in your new application or appeal.

Conclusion

Choosing the right visa can be a complex decision, but understanding the differences between a Spouse Dependent Visa and a Marriage Visa is the first step.

The key is to evaluate your specific situation, consider the eligibility criteria and financial requirements, and determine your long-term plans in the UK.

Whether you are joining your spouse who is already in the UK on a temporary visa or you are planning to move to the UK to live with your British spouse, there is a suitable visa option for you.

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