Switch From PSW Visa to Spouse Visa
Switch from PSW visa to Spouse Visa: Everything You Need to Know We have come across numerous applicants who wish to switch from PSW to Spouse Visa in the UK. This is a common transition for those who have completed their studies, secured a PSW visa, and are now legally married to a British citizen or settled person. In this guide, we will shed some light on how to switch from PSW Visa to Spouse Visa and outline the essential requirements you must meet. This information is designed to help you understand your options and ensure a smooth application process. Understanding the Switch from PSW visa to Spouse Visa What is a PSW Visa? A Post-Study Work (PSW) visa, officially known as the Graduate Route, allows international students to remain in the UK for two years after completing an eligible degree at a UK higher education provider. What is a Spouse Visa? A Spouse Visa allows a person to live in the UK with their British or settled spouse. It is valid for 2.5 years and can be extended, leading to Indefinite Leave to Remain (ILR) and eventually British citizenship. Who Can Switch from a PSW Visa to a Spouse Visa? If you are currently in the UK on a PSW visa and are legally married to a British citizen or someone with settled status (e.g., ILR), you may be eligible to apply for a Spouse Visa from within the UK. Requirements to Switch From PSW Visa to Spouse Visa 1. You Must Be Legally Married One of the fundamental requirements is that you must be legally married to your partner. Civil partnerships are also acceptable. The marriage must be recognized under UK law. 2. You and Your Spouse Must Intend to Live in the UK You must demonstrate a genuine intention to live together permanently in the UK. Evidence may include joint tenancy agreements, utility bills, and shared financial responsibilities. 3. English Language Requirement Since you have successfully completed your studies in the UK, you are exempt from the English language test. Your UK degree satisfies the English language proficiency requirement. 4. You Must Meet the Financial Requirement You must show that you and your partner meet the minimum income threshold, which currently stands at £29,000 per year (as of 2024). This can be met through employment, self-employment, savings, or a combination of these. If you are relying on savings alone, you’ll need to have a significant amount held for at least six months—this figure depends on your specific situation. 5. Your Marriage Must Be Genuine The Home Office will assess whether your relationship is genuine and not entered into for immigration purposes. Supporting evidence may include photographs, communication history, joint accounts, or statements from friends and family. 6. Your Marriage Must Be Subsisting A subsisting marriage means your relationship is ongoing. The Home Office looks for evidence that you continue to live together and maintain a committed partnership. Regular contact, visits, shared responsibilities, and ongoing support are indicators of a genuine and subsisting marriage. Benefits of Switching from PSW to Spouse Visa Longer Stay and a Route to Settlement Unlike the time-limited PSW visa, the Spouse Visa is renewable and can lead to Indefinite Leave to Remain (ILR) after five years. It’s also a direct route to British citizenship, providing greater stability. Work Rights and Access (Switch From PSW Visa to Spouse Visa) On a Spouse Visa, you can work full-time in any field without restrictions, unlike the PSW visa which is tied to post-study employment opportunities. Application Process for Switching Step-by-Step Guide to Apply (Switch From PSW Visa to Spouse Visa) Frequently Asked Questions: Switch From PSW Visa to Spouse Visa Can I switch from a PSW visa to a spouse visa while in the UK? Yes. You can switch from a PSW visa to a spouse visa without leaving the UK, provided you meet all the eligibility criteria. Do I need to leave the UK to apply for the Spouse Visa? No. You can apply from within the UK while on a valid PSW visa. Is there a requirement for a minimum cohabitation period? No specific period is required, but you must show that your relationship is genuine and ongoing. Evidence of cohabitation can strengthen your case. Do I need a solicitor for the (Switch From PSW Visa to Spouse Visa) application? While not required, a solicitor can help ensure your application is strong, especially if your circumstances are complex. What happens to my PSW visa if the spouse visa is refused? If your application is refused, you may remain on your current PSW visa until its expiry, unless your refusal includes a curtailment of stay. But your refusal will generate a right of appeal. Why Choose Asher & Tomar Solicitors (Switch From PSW Visa to Spouse Visa)?







