UK SPOUSE VISA FOR SWISS RESIDENTS

The UK Spouse Visa allows Swiss citizens (and non-Swiss citizens) resident in Switzerland who are married partners of British or Irish citizens, individuals settled in the UK, those with pre-settled status, holders of a Turkish Businessperson or Turkish Worker visa, and individuals with refugee status or humanitarian protection to join or stay with their spouse in the UK. As a Swiss citizen (or non-Swiss citizen) resident in Switzerland, you can also apply if your spouse is outside the UK but intends to return to the UK with you.

The UK Spouse Visa can lead to indefinite leave to remain (ILR) or settlement in the UK after five years.

UK Spouse Visa Requirements for Swiss Nationals (and Non-Swiss Nationals) Resident in Switzerland

To qualify for a UK Spouse Visa from Switzerland, you must meet several criteria set by UK Visas and Immigration:

• Eligibility: Your partner must be British or Irish, settled in the UK, have pre-settled status, hold a Turkish Businessperson or Turkish Worker visa, or have refugee status or humanitarian protection.

• Age: Both you and your partner must be over 18.

• Relationship: You must not be within a prohibited degree of relationship.

• Meeting: You and your partner must have met in person.

• Marriage: You must be legally married in a marriage recognised in the UK.

• Genuineness: Your relationship must be genuine and subsisting.

• Living Together: You must intend to live together permanently in the UK.

• Previous Relationships: Any previous relationship must have permanently broken down.

• Financial: You must satisfy a financial requirement to ensure you can be adequately maintained in the UK without recourse to public funds.

• Accommodation: There must be adequate accommodation for you and any dependents.

• Language: You must speak and understand English to a required level.

The exact requirements may vary based on individual circumstances. Consulting an immigration lawyer specialising in UK immigration law or a UK immigration law firm in Switzerland is advisable for personalised guidance on your UK visa application.

Status of Sponsoring Partner for a UK Spouse Visa Application

If you are a Swiss citizen (or non-Swiss citizen) resident in Switzerland, in order to qualify for a UK Spouse Visa your partner must meet one of the following conditions to sponsor your UK Spouse Visa application:

• Be a British or Irish citizen in the UK.

• Have indefinite leave to remain, settled status, or permanent residence in the UK.

• Have pre-settled status under Appendix EU.

• Have limited leave to remain as a Turkish Businessperson or Turkish Worker under Appendix ECAA.

• Have refugee leave or humanitarian protection status in the UK.

A British citizen can include someone coming to the UK with you as your partner. Similarly, a person with indefinite leave to remain includes those being admitted for settlement concurrently with you.

UK Spouse Visa Minimum Age Requirement

Both you and your partner must be over 18 on the date of your UK Spouse Visa application.

Relationship Requirement for a UK Spouse Visa

To meet the relationship requirement for a UK Spouse Visa:

• You must not be closely related as defined in the Marriage Act 1949 and the Marriage (Prohibited Degrees of Relationship) Act 1986.

• You must demonstrate a face-to-face meeting resulting in mutual acquaintance.

• Your marriage must be recognised legally in the UK.

• You must provide evidence that your relationship is genuine and ongoing.

• You must intend to live together permanently in the UK.

• Any previous relationships must have ended permanently.

Prohibited Degree of Relationship Requirement

You and your spouse must not be related in any prohibited ways such as:

• Adoptive child or parent

• Child or grandchild

• Parent or grandparent

• Sibling or parent's sibling

Requirement to Have Met in Person

You and your spouse must have met in person. Evidence of this includes face-to-face meetings that resulted in a mutual acquaintance.

Marriage Recognition Requirement

To qualify for a UK Spouse Visa as a Swiss citizen (or non-Swiss citizen) resident in Switzerland, your marriage must be recognised legally in the UK:

Marriage in the UK:

• Must comply with the Marriage Act 1949 (as amended), Marriage Act (Scotland) 1977, or Marriage Order (Northern Ireland) 2003.

• Must be monogamous, conducted in an authorised place, and involve giving the required notice of intention to marry.

Marriage Outside the UK:

• Will be recognised if it meets the laws of the country where it took place and is valid under the law in force there.

Genuine and Subsisting Relationship Requirement for Individuals From Switzerland

As a Swiss national (or non-Swiss nationals) resident in Switzerland, you must also provide evidence to the UK Home Office that your relationship is genuine and ongoing. Factors considered will include:

• Current, long-term relationship status

• Cohabitation history

• Shared financial responsibilities

• Visits to each other’s home countries

• Practical plans for living together in the UK

Evidence might include joint documents, cohabitation proof, and official records of your relationship’s genuineness.

UK Spouse Visa Financial Requirement for Swiss Residents

If you are a Swiss passport holder (or non-Swiss national) resident in Switzerland, to prove you can be adequately maintained in the UK without public funds, you must demonstrate an annual income of at least £29,000. This can come from:

• Salaried or non-salaried employment

• Non-employment income like property rental or dividends

• Cash savings above £16,000 held for at least 6 months

• Pensions

• Self-employment or limited company income

Different considerations apply if your spouse receives certain state benefits.

The UK Spouse Visa financial requirement can be complex. Swiss citizens (and non-Swiss citizens) resident in Switzerland considering a UK Spouse Visa application may wish to consult a specialist UK immigration lawyer for expert advice.

Spouse Visa UK Accommodation Requirement for Residents of Switzerland

In order to qualify for a UK Spouse Visa, you must show that you will have adequate accommodation in the UK without relying on public funds. This means providing evidence of property ownership or rental, ensuring the property isn’t overcrowded and meets health regulations.

English Language Requirement for Persons Residing in Switzerland

Unless exempt, you must meet the English language requirement:

• For entry clearance or switching, CEFR level A1

• For further leave to remain, CEFR level A2

• For indefinite leave to remain, CEFR level B1

You can meet this requirement by holding nationality of a majority English-speaking country, passing an approved English language test, or having an academic qualification taught in English.

Documents Needed for a UK Spouse Visa Application in Switzerland

You will need to ensure that you provide all required documents in the correct format. Missing or incorrect documents can lead to refusal. Consulting a specialist UK immigration lawyer can help ensure your documents meet the UK Immigration Rules for Swiss nationals.

UK Spouse Visa Application Fee in Switzerland

The application fee for a UK Spouse Visa is £1,846 for an application submitted in Switzerland and £1,048 for an application submitted within the UK. Additional fees apply for Priority or Super Priority Services.

UK Spouse Visa Processing Time From Switzerland

Processing times vary:

• From Switzerland: 24 weeks, with a Priority Service decision within 30 working days.

• Inside the UK: 8 weeks, with Super Priority Service decisions by the next working day.

Duration and Extensions of UK Spouse Visas

A successful UK Spouse Visa application from Switzerland grants 33 months of leave initially, extendable by 30 months. After 5 years, you can apply for indefinite leave to remain.

Switching and Work Rights

Swiss passport holders can switch to a Spouse Visa from within the UK, except if you're a visitor or on short-term leave. Spouse Visa holders have full work rights in the UK.

Indefinite Leave to Remain as a Spouse

After 5 years on a UK Spouse Visa, you can apply for indefinite leave to remain if you meet all requirements, including English language and Life in the UK test.

UK Spouse Visa Refusals

If refused, you will typically have the right to appeal. Appeals are heard at the First-tier Tribunal (Immigration and Asylum Chamber) in the UK.

Exceptional Circumstances

If you cannot meet the visa requirements for a UK Spouse Visa, you may still qualify on human rights grounds.

How Our UK Immigration Lawyers in Switzerland Can Help

Through the Swiss office of our UK immigration law firm, we are delighted to offer a comprehensive range of UK immigration legal services to Swiss citizens (and non-Swiss citizens) residing in Switzerland.

Our UK visa and immigration services encompass expert guidance on all UK visa routes for Swiss residents, along with a fully-managed UK visa application preparation service tailored for Swiss citizens (and non-Swiss citizens) in Switzerland. Our dedicated UK immigration lawyers provide personalised support and expert advice throughout the entire UK visa application process.

For professional assistance and expert advice on a UK Spouse Visa application from Switzerland, contact our British visa specialists in Switzerland on +41 21 588 07 70 or complete our enquiry form below.