We received some delightful news that our client (the Applicant’s) spouse indefinite leave to remain application was successful; despite a short delay from the Home Office. The Applicant opted to use the 24 super priority visa service as he needed proof of immigration status for his employer. Despite paying for the priority service the Home Office was not able to deliver a response within the 24-hour timeframe. Our immigration team had contacted the Home Office and discovered that the caseworker was struggling to understand the documentation submitted with the application as it was a complex application. Our immigration team provided further documentation and clarification and the Application was granted after a few days of ongoing communication.
Background to Spouse Indefinite Leave to Remain
The Applicant was a returning client who we had previously assisted on two occasions with further leave to remain applications. The Applicant initially entered the UK on a Tier 4 Student visa and applied to transfer his leave into spouse leave, but his application was refused. The Applicant submitted his transfer of leave application without specialist immigration solicitors. The Applicant came to us with a refusal and our Immigration Team successfully overturned the refusal. Two years later we assisted with the extension application and it was now time for the spouse indefinite leave to remain application (also referred to as settlement). We now hope to help the Applicant with a British nationality application in 12 months’ time.
The requirements for Spouse Indefinite Leave to Remain
The Home Office will conduct a comprehensive examination of your spouse indefinite leave to remain application. The purpose of the vigorous checks is to ensure that all the requirements are met in accordance with the Immigration Rules before settlement status is issued. If you are applying for spouse settlement you must be aware of Paragraph 287 of the Immigration Rules and the relevant Appendixes (Appendix FM-SE and FM). To submit a successful indefinite leave to remain you must meet the following requirements:
- You must demonstrate that you are of good character and that you meet the suitability requirements;
- You must demonstrate that your marriage is still genuine and subsisting and provide documentary in evidence of the same;
- You must demonstrate that you have acquired 5 years of continuous lawful leave with no excessive absences;
- You must demonstrate that you meet the financial requirement of £18,600 and show that you can be accommodated in the UK without recourse to public funds; and
- You must meet the English language and life in the UK test requirement.
There are a number of ways you can meet the financial requirement of £18,600. Our immigration team specialises on assisting with complex cases especially applications made under category F or G of the
How we can assist with a Spouse Indefinite Leave to Remain application
The key to a successful spouse indefinite leave to remain application is the preparation and knowhow of what the Home Office is looking for in terms of documentation. Our immigration team guided the Applicant through the requirements and prepared detailed legal submissions. Our legal submissions focussed on how the Applicant met the requirements under the Immigration Rules and the relevant Appendixes. In addition to the legal representations, our team of solicitors also provided multiple substantial reviews of his documents to ensure that the 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 booking a premium visa service appointment and the application form.
It is not enough to submit the application with the specified documents in accordance with Appendix FM-SE to the Immigration Rules especially where there are some complexities. This case was an example of this as the Applicant had submitted the application using the 24-hour super priority service but the Home Office was not able to meet the expected timeframe. The Home Office contacted our immigration team to ask for clarification on some of the requirements and documents. Our Immigration team had to prepare further documentation for the Home Office caseworker. The spouse indefinite leave to remain application was eventually granted.
Using Legal Representation to prepare a Spouse Indefinite Leave to Remain 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 spouse indefinite leave to remain 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 indefinite leave to remain 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 indefinite leave to remain application meets the Immigration Rules.
Successful Spouse Indefinite Leave to Remain application
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 spouse indefinite leave to remain application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your spouse indefinite leave to remain 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 spouse indefinite leave to remain application.
Contact our London immigration solicitors on 02071830570 or complete our contact form.