We received some pleasing news late last week that a client’s (the Applicant) Spouse Visa application had been successful. The Applicant had previously submitted an application without legal assistance and her application was refused. The Applicant had also suffered severe delays in her application and it was only after raising a complaint with the Home Office she received an update on her application. In our initial consultation with the Applicant’s partner, we had explored the possibility of submitting a fresh application in accordance with the Immigration Rules and appropriate internal Home Office Policy Guidance. We knew from the onset that this would be a difficult Spouse Visa application due to the Applicant’s adverse immigration history; however, our team of solicitors and barristers successfully guided the Applicant to a successful application. Â
The case for a Spouse Visa to the UK
The Applicant was a Filipino national residing in her home country. The Applicant and Sponsor met on holiday in the Philippines and started dating shortly after. Soon after they met, the couple instantly discovered their shared interests and mutual attraction for one another. During their time together their relationship developed. Over the course of their relationship, the Sponsor regularly visited the Applicant in the Philippines. The couple eventually married and the Applicant wished to join the Sponsor in the United Kingdom. In our initial consultation, the Sponsor had informed us of the difficulties encountered with their previous application. Our Solicitors reviewed the previous refusal and informed the Applicant what was required to submit a successful application. After speaking to our specialist immigration team, the Applicant instructed us to prepare a Spouse Visa Application.
Submitting a successful Spouse visa Application under the Immigration Rules
A spouse visa allows a non-EEA spouse to enter or remain in the UK with their British partner. The requirements for a successful Spouse visa application can be found under the Immigration Rules, Appendix FM and Appendix FM SE of the Immigration Rules. To submit a successful Spouse Visa application you must meet the following requirements:
- Your Sponsor must be present and settled in the United Kingdom;
- You must be in a genuine and subsisting Marriage and have documents in evidence of this;
- You must meet the accommodation requirement;
- You must meet the financial requirement; and
- You must meet the English language requirement.
Depending on what country you applying from you may need to also get a tuberculosis certificate. The main obstacle for Applicants is being able to meet the financial requirement of £18,600. There are various ways the financial requirement can be met and also through a combination of sources. For example, salaried employment and cash savings can be combined. However, it should be noted that the different sources are subject to a formula calculation which can be found in the Home Office Policy Guidance on meeting the financial requirement.
On 10 August 2017, the much-awaited change to the UK Home Office Policy Guidance had been revealed. We previously wrote about the impact of MM Majid Javed v SSHD and the impending change to the Home Office Policy Guidance on meeting the Minimum Income Requirement under Appendix FM Immigration Rules for UK Spouse Visa Applications. The new Home Office Policy Guidance essentially introduces a new Unjustifiably Harsh Consequences Test by considering any interests of children and alternative sources of income in meeting the Minimum Income Requirement.
If you are granted a Spouse visa your passport will be stamped with an Entry Clearance stamp valid for up to 30 days. Once you arrive in the United Kingdom you must collect your Biometric Residence Permit (BRP) from a post office. The term of your BRP will be 30 months and an application to extend leave must be submitted 14 days prior to the expiry of the BRP.
What to do after a Home Office Refusal in a Spouse Visa Application
If your Spouse visa application has been refused and you are unsure what action to take next please do not hesitate to contact our specialist immigration team for assistance.
In this particular case, the Applicant had a Home Office refusal to her name as the Home Office was not satisfied that she met the Immigration Rules and the financial requirements listed under Appendix FM SE of the Immigration Rules. The Applicant was relying on the Sponsor’s self-employment as a director of a private limited company registered in the United Kingdom with Companies House.
The Applicant’s application had been refused on the grounds that she did not meet the financial requirements (£18,600) of her application. After reviewing the application and supporting documents it was clear to our immigration team that the Sponsor had not met the requirements listed under Appendix FM SE of the Immigration Rules. There were numerous documents not submitted with the application. The Applicant had submitted her previous applications without the correct legal guidance and it was clear to us that the application was underprepared. The Applicant’s partner discussed with us a potential appeal to the First Tier Tribunal but decided to proceed with a fresh application with specialist legal advice from our Solicitors and Barristers.
How we can assist in submitting a successful Entry Clearance Spouse Visa Application
Our solicitors successfully guided the Applicant through the Spouse Visa application process and prepared outstanding legal representations/submissions which focused on how the Sponsor satisfied the financial threshold requirement of £18,600. 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 that met all the requirements was submitted as the couple had already planned the Applicant’s visit to the UK. In addition to the legal representations, our team of solicitors also provided multiple substantial reviews of her 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 Prepare a UK 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 UK 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 UK 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 UK Spouse Visa Application meets the Immigration Rules.
Successful UK Spouse Visa 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 your UK 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 UK 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 UK Spouse Visa Application.
Contact our London immigration solicitors on 02030110276 or complete our contact form.