In this article we will explain the requirements of a spouse visa and the ways to fulfil those requirements to the satisfaction of the entry clearance officer. In order to apply for a spouse visa one needs to satisfy the entry clearance officer that:

1. (a) the applicant is married to a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; or
   (b) the applicant is married to a person who has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is on the same occasion seeking admission to the United Kingdom for the purposes of settlement and the parties were married at least 4 years ago, since which time they have been living together outside the United Kingdom; and
2. the parties to the marriage have met; and
3. each of the parties intends to live permanently with the other as his or her spouse and the marriage is subsisting; and
4. there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and
5. the parties will be able to maintain themselves and any dependants adequately without recourse to public funds.

We shall now discuss these requirements one by one in order to have a more comprehensive understanding of the types of evidences which can help fulfil these requirements.

1. Proof of Legal Marriage

A legal marriage is a marriage that is registered with the official registrar of the place where marriage took place. The official registrar / local authority usually issues marriage certificate as a proof of marriage which in return create rights and obligations for both the parties. In addition to the marriage certificate one can also submit some pictures of the marriage ceremony as a supportive evidence of the event of marriage. Although a marriage certificate is a conclusive proof of the fact of marriage but it is always good to have some supportive evidence which gives more strength to the primary evidence.

2. Parties to the Marriage have Met

Generally it is impossible to get married to a person whom a person has never met but there are certain circumstances where persons never see their spouse and yet they are married to them. The British Diplomatic posts do NOT take these circumstances as an exception to the general rule and is quite keen to see evidences in place regarding the meeting of the parties to the marriage. The possible evidences of this factor are

• Marriage certificate itself some times mentions the presence of the two parties to marriage.
• Marriage Pictures.

In addition to the above, the entry clearance officers do ask questions relating to this issue, to make sure that the applicant has really met the spouse. Most frequent questions are: the place or time / day of first meeting, where the marriage ceremony took place, close family members of the sponsor and the like.

3. Both the parties intend to live together

The evidence to support this fact could be a letter from the sponsor (person present / settled in the UK or a person having right of abode or indefinite leave to enter / remain in the UK who is a party to the marriage) confirming that the applicant is his / her legally married spouse and would be staying with him / her at a given address owned / occupied by the sponsor.

This letter itself is a proof of the intention of the sponsor that he will be residing with his / her spouse together at a given address. While the submission of such a letter along with the entry clearance application form by the applicant will serve as a proof of the intention of the applicant that he / she agrees to stay together with his / her spouse at the address given on the letter by the sponsor.

The entry clearance officer might ask questions regarding the address or description of the place of residence, where the applicant intends to stay in the UK. This is to confirm that the applicant has all the intentions to live together with his / her spouse. It is, therefore really important to know the address and the description of the property where the applicant and his / spouse would be staying in the UK.

4. Marriage is Subsisting

It is really important to establish that the marriage is still valid and is not terminated or in the process of termination. A letter from the Sponsor can be a proof sufficient enough to establish that the marriage is subsisting and valid. The letter should bear the most recent date confirming the fact that the marriage is still valid and is not terminated or in the process of termination.

In addition to that following documents can also be submitted as a supportive proof of the subsistence of the marriage:

• Print outs of emails sent by the sponsor to the applicant and sent by the applicant to the sponsor.
• Letters written by the sponsor to the applicant.
• Greeting cards sent by the sponsor to the applicant.
• Phone Bills containing the telephone number of the applicant as a proof that there is still a contact between the two (If the sponsor is in the UK).

5. Availability of Accommodation without recourse to public funds

This can be either a tenancy agreement or ownership papers of a residential dwelling suitable for the residence of the parties to the marriage and dependants, if any. Some times it is useful to have a letter from the local council confirming the number of rooms and the facilities / amenities available in that accommodation along with the suitability of the place for residence purposes. These documents must be supported by the Bank statements of the sponsor that he / she has got sufficient funds to have this accommodation available without having recourse to public funds.

6. Availability of funds for maintenance without recourse to public funds

There are a number of documents which can be conclusive evidence of the fact that there are ample funds available for the maintenance of the applicant and the sponsor. It includes

• Bank Statements
• Pay slips
• A letter from the employer of the sponsor if he / she is an employee
• An employment contract of the sponsor if he / she is an employee
• Financial Statements / Annual Accounts of the business if the sponsor is self employed
• Any other documentary evidence that proves the existence of the business
• Income Tax Returns
• P 60
• Bank Statements of the applicant

All the above documents do make good evidence to prove that the applicant and the sponsor would be able to maintain themselves without having recourse to any kind of public funds.

Interview

This is a very important part of the visa procedure and lots of things depend on the interview. There may be some explanations required regarding the information provided in the application form or the documents submitted along with the application. This opportunity must be used to cover the discrepancies left behind if any, and provide a reasonable explanation.

It is a general understanding that spouses should know all the circumstances of each other and be in contact with one another at all times. During an interview the entry clearance officer normally asks questions that are more related to:

• the relationship of the applicant with the sponsor,
• the current situation of the sponsor and the applicant: and
• The documentary evidences submitted with the application.

It is really important to speak up all the information which is known to the applicant in reply to the questions and be ready to answer any questions put to them regarding the above mentioned topics.

Good documentary evidences and a successful interview give a guarantee of visa.