Our specialist immigration team has been successful in assisting our client (the “Applicant”) in an application for further leave to remain as a spouse of a British citizen living in the UK. The Applicant first entered the UK in 2021.The couple are legally married and they have a minor child. They have cohabitated for over two decades, living both in the USA and the UK.
As a result of our expertise and previous success, the Applicant instructed LEXVISA before her current Biometrics Residence Permit (“BRP”) expired in order to extend her existing leave to remain and to utilise the super priority service.
Due to our diligent efforts, the Applicant was successful in being granted further leave to remain within 24 hour of her attending her biometrics appointment. Our expert immigration solicitors outlined and emphasised that the Applicant had met all applicable requirements and the relevant immigration rules.
Our team made strong legal representations and worked diligently to ensure all necessary documentation was completed accurately and efficiently, leaving no room for errors or delays. Our commitment to providing personalised and comprehensive immigration services, coupled with our in-depth knowledge of UK immigration law, allows us to deliver outstanding results for our clients.
This successful result proves the benefits of having reputable solicitors such as ours at LEXVISA who will make high quality applications which ensures in faster.
What is UK Spouse Visa?
The UK Spouse Visa is designed for married partners of British or Irish citizens, individuals settled in the UK, those with pre-settled status, Turkish Businessperson or Worker visa holders, and individuals with refugee status or humanitarian protection. This visa allows spouses to join or remain with their partners in the UK. Notably, it can be applied for even if the spouse is outside the UK but plans to return with the applicant. One of the key benefits of the UK Spouse Visa is that it can lead to indefinite leave to remain or settlement after a period of five years.
What are the Requirements for the Spouse Visa?
To qualify for a UK Spouse Visa, you must meet several criteria set by UK Visas and Immigration:
- Your partner must be British, Irish, settled in the UK, hold a Turkish Businessperson or Worker visa, or have refugee status or humanitarian protection.
- Both partners must be over 18 years old.
- The relationship must not fall within prohibited degrees of relationship.
- The couple must have met in person.
- The marriage must be legally recognised in the UK.
- The relationship must be genuine and ongoing.
- The couple must intend to live together permanently in the UK.
- Any previous relationships must have ended permanently.
- The applicant must satisfy financial requirements.
- Adequate accommodation must be available.
- The applicant must meet the English language requirement.
Given the complexity and specific nature of these requirements, seeking advice from a leading London immigration law firm can be invaluable in ensuring a successful spouse visa application.
Status of the Sponsoring Partner
The sponsoring partner must meet one of the following criteria:
- Be a British or Irish citizen.
- Have indefinite leave to remain, settled status, or permanent residence in the UK.
- Hold pre-settled status under Appendix EU.
- Have limited leave to remain as a Turkish Businessperson or Worker.
- Hold refugee status or humanitarian protection.
A British citizen includes those returning to the UK with their spouse. Similarly, a person with indefinite leave to remain includes those being admitted for settlement alongside their spouse.
Minimum Age Requirement
Both the applicant and the sponsoring partner must be over the age of 18 when submitting the spouse visa application.
Relationship Requirements
Prohibited Degree of Relationship
To qualify for a UK Spouse Visa, the relationship must not fall within prohibited degrees of relationship as defined by UK law, including adoptive child, adoptive parent, sibling, and others.
Meeting in Person
Applicants must demonstrate that they have met their spouse in person, meaning a face-to-face meeting leading to mutual acquaintance.
Recognised Marriage
For the marriage to be recognised:
In the UK: It must adhere to the Marriage Act 1949, the Marriage Act (Scotland) 1977, or the Marriage Order (Northern Ireland) 2003.
Outside the UK: The marriage must comply with the laws of the country where it took place and be recognised by UK laws.
A leading London immigration law firm can provide detailed guidance on these legal intricacies to ensure your marriage meets all necessary criteria.
Genuine and Subsisting Relationship
Applicants must prove that their relationship is genuine and ongoing. Evidence can include regular contact, signs of affection, and cohabitation. The Home Office may require documents such as cohabitation proof, joint accounts, and communication records. Failure to provide sufficient evidence can lead to a refused application.
Intention to Live Together Permanently
Applicants must show a clear intention to live together in the UK. This includes a commitment to live together immediately following the visa approval or as soon as possible thereafter. For subsequent visa applications or indefinite leave to remain, the Home Office will scrutinise any significant time spent outside the UK.
Previous Relationships
Applicants and their partners must prove that any previous marriages have legally ended. Divorce certificates or equivalent documents must be provided. If the previous relationship has not been legally dissolved, an Unmarried Partner Visa may be a better option.
Financial Requirement
Applicants must demonstrate a minimum gross annual income of £29,000. Various income sources can be considered, including:
- Employment income of the sponsor or applicant.
- Non-employment income such as rental income or dividends.
- Cash savings above £16,000 held for at least six months.
- Pension income.
- Income from self-employment or as a company director.
Meeting the financial requirement can be challenging, and failing to provide mandatory evidence is a common reason for visa refusal. Consulting with a leading London immigration law firm can help ensure all financial documents meet Home Office standards.
Accommodation Requirement
Applicants must provide evidence of adequate accommodation that is owned or occupied exclusively, without relying on public funds. This includes showing that the property will not be overcrowded and meets public health regulations.
English Language Requirement
Applicants must prove English language proficiency to at least CEFR level A1 (for entry clearance) or A2 (for further leave to remain). This can be demonstrated through:
- Nationality of a majority English-speaking country.
- Passing an approved English language test.
- Holding an academic qualification taught in English.
Exemptions apply to applicants over 65, those with certain disabilities, or in exceptional circumstances.
Why Choose Our Leading London Immigration Law Firm
Navigating the spouse visa application process can be complex and challenging. Our leading London immigration law firm offers expert guidance and support throughout the application process. We provide personalised advice tailored to your unique circumstances, ensuring that your application meets all necessary requirements and stands the best chance of success. Trust our experienced immigration barristers to handle your family visa application with the utmost professionalism and expertise.
Contact Us
For expert assistance with your spouse visa application, contact our leading London immigration law firm today. Let us help you achieve your goal of joining or remaining with your loved one in the UK.