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)
- Complete the online application form via the UKVI website.
- Prepare your supporting documents, including marriage certificate, financial proof, and evidence of relationship.
- Book a biometric appointment at a UKVCAS centre.
- Pay the application fee and immigration health surcharge.
- Submit your application and wait for a decision—usually within 8 to 12 weeks.
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)?
- Our expert immigration solicitors act in the best interest of our clients.
- Our firm is Regulated by the Solicitors Regulation Authority (SRA)
- Our aim is to achieve your goal
- Holds an experience of over 17 years
