LEXVISA is delighted to announce that we recently received the wonderful news that one of our clients (“the Applicant”) has been granted an Entry Clearance Spouse Visa. The Applicant had made a previous Entry Clearance Spouse Visa application which was returned as invalid due to the Applicant not having previous legal representation to help him understand the complex Home Office and UK Visas and Immigration (“UKVI”) procedures and requirements, specifically in regard to meeting the Minimum Income Requirement.
The Case for an Entry Clearance Spouse Visa Application
The Applicant was a USA national who is married to a British citizen. The Applicant had previously submitted an Entry Clearance Spouse Visa application on this basis but it was returned as invalid on the basis that he did not qualify for leave to remain due to the cash savings were not held for the requisite period of time of a continuous period of 6 months. The Applicant was also told that he had failed to pay the Immigration Health Surcharge (“IHS”) by the specified date.
After the initial consultation, the Applicant instructed us to prepare his fresh Entry Clearance Spouse Visa application, and through our thorough review process, we ensured that he correctly met all of the requirements and all of the documents which he provided made his application as strong as possible. We also prepared our legal representations which explained his previous Entry Clearance Spouse Visa application and strengthened his Entry Clearance Spouse Visa application.
Meeting the Minimum Income Requirement for an Entry Clearance Spouse Visa Application
There are many ways in which Applicants can meet the Minimum Income Requirement for an Entry Clearance Spouse Visa application. Applicants should be aware that on 10 August 2017, the UK Home Office Policy Guidance had changed in regard to the Minimum Income Requirement, by way of a new Unjustifiably Harsh Consequences Test which considers any interests of children and alternative sources of income in meeting the Minimum Income Requirement. The new Unjustifiably Harsh Consequences Test applies in Spouse Visa and other Family Member Visa applications, where applicants do not meet the Minimum Income Requirement under Appendix FM Immigration Rules.
Therefore it is important that Applicants contact our specialist immigration team in order to make sure you meet the Minimum Income Requirement and have the necessary supporting documents for your application.
Paying the IHS for an Entry Clearance Spouse Visa Application
The IHS was introduced by the Home Office on 6 April 2015. The fee is not a part of the Home Office fee, but a separate payment which will give Entry Clearance Spouse Visa Applicants access to the National Health Service (“NHS”). To ensure an Entry Clearance Spouse Visa application is processed without delay, Applicants must ensure you pay the IHS and include the IHS number with their application, otherwise it may be returned as invalid.
Using Legal Representation to Prepare 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 an Entry Clearance Spouse Visa 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 Entry Clearance 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 Entry Clearance Spouse Visa application meets the Immigration Rules.
Successful Entry Clearance Spouse Visa Applications
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 UKVI department. We can assist you with the preparation and submission of your Entry Clearance Spouse Visa application and ensure that you meet all the requirements of the relevant rules.
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 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 to discuss your Entry Clearance Spouse Visa application.
Contact our London immigration solicitors on 02071830570 or complete our contact form.