Success Story – Spouse visa extension application granted despite large absences from the UK

We recently received some pleasing news that our client’s (“the Applicant”) spouse visa extension application had been granted. The Applicant was a returning client who we had assisted with in securing entry clearance to the UK as a spouse of a British citizen. In our initial consultation, we discussed with the Applicant the requirements for a spouse visa extension application under the Immigration Rules and we also explained the importance of meeting the requirements of Appendix FM and Appendix FM SE of the Immigration Rules. The Applicant informed us that he was concerned about his application because he had spent more than half his visa duration outside the UK due to mitigating family circumstances and therefore may not be able to provide the specified documents. Our immigration team prepared the spouse visa extension application and the Applicant’s application was granted within 8 weeks from the date of submission.      

The case for a spouse visa extension application

The Applicant is an Indian national who was granted entry clearance to the UK as a spouse of a British citizen. A few weeks after arriving in the UK the Applicant was forced to return to India due to mitigating family circumstances. A close relative of the Applicant had been diagnosed with a terminal illness. During the Applicant’s time away, the Sponsor maintained regular communication with the Applicant and also visited him whenever she could. Our immigration team explained to the Applicant that it was possible to submit a successful application but he would need to provide strong supporting documents in evidence of his current circumstances. After speaking to our immigration team, the Applicant was confident that we could assist with his application and he instructed us to prepare the same. The key to the success of the application was preparing detailed legal representations explaining the Applicant’s circumstances and using the relevant legislation to back up his claims.

What are the requirements for a spouse visa extension application?

Applicants who are granted entry clearance as a spouse of a British citizen will be granted a 2 and a half year visa. In order to remain in the UK, Applicants are required to submit a spouse visa extension application for a further 2 and half a year visa, 28 days prior to the expiry of their visa. Similar to the initial entry clearance application, Applicants are required to meet the rules under Appendix FM and Appendix FM SE of the Immigration Rules. There are also various Home Office guidance documents which explain each of the requirements.  All these instruments should be read together for a successful application. To apply for a spouse visa extension you must meet the following requirements:

  • You must have a good character and you must not have engaged in any criminal activities;
  • You must provide documentary evidence that your marital relationship is still genuine and subsisting. There are a number of documents you can provide in evidence of this;
  • You can also provide evidence of your ties and connections to the UK and provide reasons to why you cannot continue your marital relationship overseas;
  • You must have suitable accommodation in the UK and proof of correspondence for the last 2 and a half year period addressed jointly to the Applicant and Sponsor;
  • You must meet the financial requirement of £18,600 (i.e. have enough money to support yourself and any dependants without recourse to public funds). There are a number of different methods of meeting the financial requirement; and
  • You must satisfy the English language requirement.

Once Applicants have spent 5 years on a spouse visa they can apply for indefinite leave to remain (settlement) in the UK and then also consider applying for UK Citizenship by applying for a Certificate of Naturalisation.

How we can assist submit a successful spouse visa extension application

Our specialist immigration team prepare all UK Visas and Immigration applications meticulously ensuring all the relevant rules are met. In this particular application, we successfully guided the Applicant through the spouse visa extension application process and prepared detailed legal representations which focused on how the Applicant met each of the requirements under Immigration Rules/Appendixes.

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 was prepared as there were clear weaknesses in the application. In addition to the legal representations, our team of solicitors also provided multiple substantial reviews of his 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.

Using Legal Representation to submit a spouse visa extension application

Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on the law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with a spouse visa application. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules.

Caseworkers at the Home Office are trained to reject spouse visa applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Immigration & Visa application succeeds, our solicitors and barristers will ensure all specified documents must be provided.

The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.

Successfully apply for a spouse visa extension 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 prospects of submitting a spouse visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a spouse visa application and are able to advise you in respect of your prospects and to ensure that you meet all the requirements of the relevant rules.

Our offices 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.

Preparation is the key to successful immigration applications. 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 an Entry Clearance Spouse Visa application.

Contact our London immigration solicitors on 02071830570 or complete our contact form.

 

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