We recently received the wonderful news that a client (the Applicant) had been granted Entry Clearance Spouse visa to the UK as the Spouse of a British citizen who is present and settled in the UK. In our initial consultation with the Applicant and her partner, we had explored the options available to the couple as they were undecided whether they would like to apply for a UK Fiancée visa and get married in the UK or get married in Japan and subsequently apply for a Spouse Visa.
The case for Entry Clearance as a spouse
The Applicant was a Japanese national residing in, Bangkok, Thailand and began dating shortly after. Over the course of their relationship, the Applicant and Sponsor regularly visited each other and integrated with each other’s families and friends. The couple were in a relationship for over 7 years before they married in Japan. From the onset, our solicitors had advised the Applicant that of the requirements. The Applicant instructed us to prepare and assist with the submission of her application. The Applicant also informed us that she may opt for the Visa Priority Service which is generally used in clear-cut applications where there are no potential issues.
Entry Clearance Spouse Visa vs UK Fiancé visa
We often receive enquiries from Clients asking whether they should apply for a UK Fiancé visa or UK Spouse Visa not knowing the difference.
The Fiancé Visa should not be mistaken with the UK Spouse Visa whilst the requirements may be similar they have different purposes. The key difference between the two visas is that the Fiancé visa requires you to provide evidence to demonstrate that you intend and have planned to get married in the UK within 6 months from the date your visa being granted. Whereas with an Entry Clearance Spouse visa you must demonstrate that you are already legally married and wish to enter the UK to settle with your British national partner who is present or settled in the UK.
The purpose of the UK Fiancé visa is to enable Applicants to enter the UK to marry each other for an initial period of 6 months and then subsequently apply for Spouse Visa within the UK. If you are granted a Fiancé Visa you will not be permitted to work and your visa could be revoked by the Home Office if you are found in breach of your visa conditions. An Entry Clearance Spouse visa is for Applicants who decide to marry overseas and intend to settle together in the UK. Applicants who are granted an Entry Clearance Spouse visa can join their British citizen partner and can apply to work in the UK.
To submit a successful application it is important to note that the Home Office’s requirements are a set of rigorous rules. However, you should note that there are numerous ways you can satisfy these rules. It is imperative you obtain the correct guidance before submitting any application. The UK immigration rules are complex and so it’s advisable to seek legal advice to avoid refusal.
Eligibility Requirements for a successful Entry Clearance Spouse Visa Application
To submit a successful Entry Clearance Spouse Visa you must be meet some of the following requirements:
- You must be in a genuine and subsisting marriage with a British citizen, a person present and settled in the UK or someone who is in the UK with refugee leave or with humanitarian protection;
- You must intend to reside with your spouse permanently;
- You must have suitable accommodation for yourself, your spouse and any dependants;
- You must meet the financial requirements (i.e. have enough money to support yourself, your spouse and any dependants without recourse to public funds); and
- You must satisfy the English language requirements.
If you are granted a spouse visa, you will be given leave to enter in the UK for 30 months after which you can apply for further leave to remain.
How we can assist submit a successful Entry Clearance Spouse Visa Application
Our solicitors successfully guided the Applicant through the application process and prepared outstanding legal representations which focussed on how the Sponsor satisfied the financial threshold requirement of £18,600. Our solicitors had to work closely with the Applicant and Sponsor to ensure they were able to collate all the mandatory documents required for the Applicant’s application. It was essential that a properly executed application that met all the requirements was submitted as the couple had already planned the Applicant’s visit to the UK.
In addition to the legal representations, our team of solicitors also provided multiple substantial reviews of her documents to ensure that Applicant submits the correct documentary evidence in the correct format, which meets the Home Office’s requirements. We also prepared and assisted the Applicant with the online visa application form and the financial requirements form.
Advice from UK Immigration Solicitors on Submitting a successful Entry Clearance Spouse Visa Application
Our team of solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client-tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your UK Spouse Visa application by providing you with advice from our leading team of solicitors before your matter even reaches the Home Office. We can assist you with the preparation of your visa application and ensure that you meet all the requirements of the relevant rules.
If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation.
We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
If you need professional legal advice about submitting a successful UK Spouse Visa application, please contact us for a case assessment on 02071830570. You can also reach us via our contact form.