Making a UK Spouse Visa Application: 10 FAQs for Swiss Citizens

The UK Spouse visa category is designed for Swiss citizens married to British citizens or those with Indefinite Leave to Remain in the UK. It also applies to partners of individuals with refugee status, humanitarian protection, or specific leave under Appendix EU, as well as Turkish Workers or Businesspersons. For Swiss citizens and nationals considering a Spouse visa application to enter or remain in the UK, the process can seem overwhelming. This post answers 10 frequently asked questions for Swiss nationals navigating this visa category.

1. Where Can Swiss Citizens Make a UK Spouse Visa Application?

Swiss citizens already in the UK with leave to remain, excluding visitors and those granted less than six months, can apply for a Spouse visa from within the UK. Visitors or those with short-term leave will need to apply for entry clearance as a spouse from outside the UK.

Swiss nationals applying from outside the UK should do so from their country of residence, usually Switzerland. For specific advice, we recommend consulting an immigration lawyer.

2. How Do Swiss Nationals Apply for a UK Spouse Visa?

Applications are submitted online. There are different forms for those applying from within the UK and those applying from abroad. Swiss citizens should consult an immigration lawyer to ensure they use the correct form for their circumstances. Supporting documents must be prepared and, in some cases, uploaded before submitting the application. Procedures may vary by country, so Swiss nationals should confirm the correct process when applying.

3. What Documents Do Swiss Citizens Need for a UK Spouse Visa Application?

To successfully apply for a UK Spouse visa, Swiss citizens must prove:

• Their partner is British or holds appropriate leave in the UK.

• Both partners are over 18.

• They have met in person and are legally married or in a civil partnership.

• Their relationship is genuine with plans to live together permanently.

• Any previous relationships have permanently ended.

• They can be maintained in the UK without public funds.

• There is adequate accommodation for them and any dependents.

• They meet the English language requirement.

Swiss nationals must also satisfy the financial requirement, typically needing an income of at least £29,000. This requirement can be met through various income sources, including employment, self-employment, pensions, or savings.

The required documents will depend on individual circumstances. All applicants need to prove their marriage and genuine relationship. The English language requirement can be met in different ways, depending on qualifications or other criteria. Swiss nationals are advised to seek professional advice to ensure they submit the correct documentation.

4. Will the UK Recognise My Marriage if I Married Outside the UK?

The UK generally recognises marriages or civil partnerships conducted overseas if:

• The marriage type is recognised in the country where it occurred.

• The marriage was conducted legally according to that country’s laws.

• No legal impediments existed in either partner’s country of domicile.

For Swiss citizens married abroad, if Switzerland recognises the marriage, the UK is likely to as well.

5. How Long Does It Take for the Home Office to Decide on a UK Spouse Visa Application?

For applications made from Switzerland, the Home Office aims to decide 95% of cases within 12 weeks and 100% within 24 weeks. A Priority Services is also available allowing for a decision within 30 working days.

6. Can Swiss Citizens Work in the UK on a Spouse Visa?

Yes, Swiss nationals granted a UK Spouse visa have full rights to work in the UK.

7. What If My Partner Changes Jobs After I Arrive in the UK?

The financial requirement must be met when entering the UK, extending the Spouse visa, and applying for Indefinite Leave to Remain. Once leave is granted, changes in employment or income do not affect the current visa, as long as the financial requirement is met during subsequent applications.

8. Can We Live in Shared Accommodation or with Relatives?

Yes. Swiss nationals can live in shared accommodation or with relatives as long as the property is not overcrowded and permission to live there is granted by the owner. The evidence required will depend on specific circumstances, so seeking advice is recommended.

9. When Can Swiss Nationals Apply for a British Passport?

Swiss citizens in the Spouse visa category are typically on a five-year route to settlement. After two grants of 30 months, they are eligible for Indefinite Leave to Remain. Once this is granted, those married to British nationals can immediately apply for naturalisation as British citizens. If not married to a British national, they must wait 12 months.

10. What Happens If My Spouse Visa Application Is Refused?

If a Spouse visa application is refused, Swiss nationals have the right to appeal. The appeal is heard in the UK, and both partners can provide evidence. Legal representation from an immigration appeal lawyer is recommended.

Contact our UK Immigration Lawyers in Switzerland

For expert advice on UK Spouse visa applications, extensions, or appeals, Swiss nationals can contact our immigration lawyers in Switzerland on +41 21 588 07 70 or get in touch via our contact form.