Earlier this week we received some wonderful news that our client’s (“the Applicant”) application for Further Leave to Remain as a Spouse had been successful. The Applicant was applying for leave as Spouse after initially entering the United Kingdom on a Fiance visa. Our immigration team worked with the Applicant on both of his applications, first his entry clearance Fiance visa and then his subsequent Spouse visa.
The case for Leave to Remain in the UK as a Spouse
The Applicant was an Albanian national who had met his partner on a messaging application. Shortly after they had met the couple recognised their mutual attraction for one another and started dating. Over the course of their relationship, the couple had regularly travelled together and spent memorable in each others company. The couple maintained their long-distance relationship with one another and decided to get married. In our initial consultation with the Sponsor, we were informed that the couple wished to marry in the United Kingdom and that they had already booked a venue. We informed the Sponsor that the Applicant must first apply for entry clearance as a fiance as this would allow him entry to the United Kingdom for a period of 6 months. Following their marriage, the Applicant would then be in a position to apply for further leave to remain as a Spouse. After the consultation, our immigration team were instructed on both applications. There were some complexities involved in this case as there were a few discrepancies in the Sponsor’s financial documents. However, our immigration team were able to investigate the matter further and provided a solution to their problem.
Requirements for a Leave to Remain in the UK as a Spouse
To submit a successful application for leave to remain in the UK as a Spouse Applicants must meet the strict requirements listed under the Immigration Rules and Appendix FM SE to the Immigration Rules. It is also important to consider the relevant Home Office policy guidance as these explain the requirements in finer detail. The requirements for a Further Leave to Remain application are very similar to those of the initial entry clearance spouse visa application. However, Applicant’s should be familiar with the exact requirements and the necessary documentation in support of their application. If you fail to meet any of the requirements your application may be refused and you may need to appeal the decision at the First Tier Tribunal. Appeals at the First Tier Tribunal are longwinded as the allocation of hearing dates can take anywhere between 6 to 12 months. The main requirements for a Further Leave to Remain application are as noted below:
- Applicants must be able to show that their marriage is genuine and subsisting;
- Applicants must meet the immigration status requirement;
- Applicants must meet the English language requirement. From 1 May 2017, the Home Office introduced a new English Language requirement at Level A2 of the Common European Framework of References for Languages (CEFR) for Further Leave to Remain applications; and
- Applicants must meet the Financial requirement (earn a minimum of £18,600) and Accommodation requirement.
It is important for Applicants to demonstrate that they meet all of the Home Office requirements listed under the Immigration Rules and the relevant appendixes. Applicants must ensure their application is prepared as strongly and diligently as possible as this will give them the greatest chance of success. Our specialist Immigration team have an in-depth understanding of the Immigration Rules and take great care and attention in preparing Further Leave to Remain applications and building strong legal arguments. Our bespoke service gives our clients the confidence to return to us to help prepare Home Office visa applications.
Using Legal Representation to submit a Leave to Remain in the UK as a Spouse
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 Further 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 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 application has the greatest chance of success.
Successful Further Leave to Remain in the UK as a Spouse
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 Further 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 UK Visas and Immigration 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 Further Leave to Remain Application.
Contact our London immigration solicitors on 02071830570 or complete our contact form.