This week we received the wonderful news that our client (“the Applicant”) has been granted entry clearance to the UK as the spouse of a British citizen. The Applicant and Sponsor met all of the requirements under the Immigration Rules Appendix FM and we prepared clear and strong legal representations in support of the application. Our Immigration Solicitors in London have ample experience in preparing successful entry clearance spouse visa applications and are happy to arrange a consultation to discuss the prospects of a successful application.
The case for an Entry Clearance Spouse Visa
The Applicant was a national of the Russian Federation who had previously been in the UK on a spouse visa until the birth of her and the Sponsor’s first child during the Covid-19 pandemic. The Applicant was due to apply for Indefinite Leave to Remain (“ILR”) as the spouse of a British citizen in the Autumn however she left the UK to return to her home country before the expiry of her visa, thinking she could then apply for ILR from outside the UK. However, after correspondence with the Home Office and her local MP, she realised this was not possible and she was told to make a fresh entry clearance application. The Applicant then instructed us to prepare her fresh application in order to re-enter the UK to join her spouse and daughter.
The Applicant wanted to use the Home Office priority visa service to receive a fast-tracked decision on her application, however the Home Office priority services were still suspended at the time her application was submitted, so she had to use the standard service. However, we received a decision on her application within 3 months of the submission of the Applicant’s biometrics and she is now delighted to be able to travel back to the UK to reunite with her Sponsor and their child.
What requirements need to be met for an Entry Clearance Spouse Visa?
Entry Clearance Spouse Visa Applicants must meet the following eligibility requirements in order to come to the UK:
- Genuine and Subsisting Marriage – Applicants must prove their marriage to the Sponsor is genuine and subsisting and that they have met in person;
- Financial requirement – Applicants must show they meet the minimum income requirement of £18,600 through their Sponsor’s income and/or savings. For in-country applications, the Applicant’s income can also be used;
- Accommodation requirement – Applicants must demonstrate they can be accommodated in the UK without recourse to public funds and without overcrowding;
- English language – Applicants must provide they have a certain level of English language proficiency either by passing an English language test with the International English Language Testing System (IELTS) with at least a CEFR level A1 or above in speaking and listening, or have a degree taught in English or be from a majority English speaking country; and
- Tuberculosis Certificate – Applicants from certain countries must also submit a Tuberculosis Certificate confirming they do not have TB.
The suitability requirements must also be met, therefore not falling under the general grounds of refusal.
How long does spouse visa last?
Successful entry clearance spouse visa Applicants will be issued a 3 month vignette in their passport or travel document which will allow them to enter the UK. They will then have 10 days after entry to collect their biometric residence permit (BRP) from their elected post office branch.
Spouse visas are valid for 30 months. Applicants wishing to remain in the UK after this period will need to apply for a further extension of 30 months within 28 days of the expiry of the initial visa. If the Applicant is on the 5 year route to settlement, they can then apply for ILR within 28 days of the expiry of the second 30 month period.
What is the Home Office application fee for Entry Clearance Spouse Visa application?
The standard Home Office application fee for an Entry Clearance Spouse Visa application is £1,523. Applicants also have to pay the mandatory Immigration Health Surcharge (IHS) which gives migrants access to NHS services whilst in the UK. The IHS fee is £624 for each year of the visa (therefore £1,560 for an entry clearance spouse visa of 30 months). Both IHS and Home Office application fee are paid online when the application is submitted.
Are Priority Visa Services still suspended due to Covid-19?
There a still a considerable number of restrictions still in place due to Covid-19. Whilst the majority of visa application centres (VFS Global and TLSContact) are now open to new UK visa Applicants across the world, many of the added value services are still suspended. Applicants are advised to check with their specific visa application centre as to whether the priority visa services are available.
For in-country applications, the priority visa services are still suspended at the time of writing.
How our Immigration Solicitors in London can help with an Entry Clearance Spouse Visa application
Our immigration solicitors in London specialise in Entry Clearance Spouse Visa applications and prepare applications to the highest standard. We have an impeccable track history of submitting successful Entry Clearance Spouse Visa applications for a range of different clients.
The key to submitting successful applications is being aware of the relevant Immigration Rules. Our immigration solicitors in London guide Applicants through the requirements and prepare detailed legal submissions in support of the application. In addition to the legal representations, our team of solicitors also provides multiple substantial reviews of the supporting documents to ensure that the correct evidence is submitted. We also prepare and assist with the submission of the online application, arranging the biometric appointments and uploading the supporting documents.
Using our Immigration Solicitors in London to submit an Entry Clearance Spouse Visa application
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a settlement application.
Caseworkers at the Home Office are trained to reject applications, which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Spouse visa application succeeds, all necessary documents must be provided.
This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your Spouse visa application meets the Immigration Rules.
Successful Entry Clearance Spouse Visa applications with our Immigration Solicitors in London
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your entry clearance spouse visa application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your application and ensure that you meet all the requirements of the relevant rules under Appendix FM and FM-SE.
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. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice, and other central London courts.
Preparation is the key to a successful Entry Clearance Spouse visa application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.
Contact our London immigration solicitors on 02071830570 or complete our contact form.