Success Stories: Spouse & Unmarried Leave to Enter / Remain Applications

Our Immigration Team has recently received several positive results for our clients in applications for Fiancé/ Fiancée visas, Leave to Enter and Leave to Remain as Spouses and Unmarried Partners. We successfully represented our clients to enter and remain in the UK as spouses/ unmarried partners of British citizens under Appendix FM of the Immigration Rules.

Our solicitors carefully reviewed the clients’ evidences, collated the necessary declarations, and addressed any issues in a detailed and meticulously crafted cover letter in order to assist the Entry Clearance Officer/ Caseworker with the decision. As a result, we have achieved 100% as-advised success for our clients in these UK Visa applications.

What is FLR(FP) and FLR(M) and FLR(HRO)?

Simply put, M is for marriage and FP stands for Family provisions. It is mandatory to use the correct form when applying. Form FLR(M) is used for applications as a spouse/ unmarried partner of a British citizen. Form FLR(FP) is mostly used where an individual does not meet all the requirements for leave or would like to apply on the basis of their child. Form FLR(HRO)is used to extend your stay in the UK for human rights claims, leave outside the rules and other routes not covered by other forms.

How can you prove your relationship?

In the case of a spouse, you must prove you are in a marriage or a civil partnership that is recognised in the UK. Your marriage or civil partnership will be recognised in the UK if: 

  1. you followed the correct process in the country where you got married, and
  2.  it would be allowed under UK law.

Typically, for marriages and civil partnerships entered into in the UK, a marriage/ civil partnership certificate should suffice. Different rules apply in cases of religious marriages, for example, an Islamic marriage or Nikah entered into in the UK would NOT fulfil the requirements above.

You, however, DO NOT need to enter into a marriage/ civil partnership in order to enter/ remain in the UK. If you can prove that you have been living together in a relationship for at least 2 years before you apply, you can do so as an unmarried partner. The situation is more complex in the case of unmarried partners. There are evidential requirements that must be fulfilled in order to be considered a genuine unmarried partner. Therefore it is recommended that you seek assistance from a solicitor who can guide you through the evidence you must provide in support of your application.

Proving your knowledge of the English language

Save for nationals of over a dozen countries, the applicant must prove that the have adequate knowledge of the English language in order to fulfil the requirements of this category. Having a qualification from a university of college in the UK automatically means that you fulfil this requirement and all that would be needed is your degree certificate as evidence.

If your qualification is from a university or college outside the UK, you would need to obtain a certificate from ECCTIS to show that your qualification is equivalent to a UK bachelor’s degree or higher AND that it was taught in English.

In the alternative, you can take a secure English language test to at least level A1 on the Common European Framework of Reference for Languages (CEFR) scale.

Certain categories of people are exempt from the English language requirement. Consult with one of our solicitors today to establish if you are exempt.

How can you meet the Financial Requirements threshold?

Ordinarily, an annual income of £18,600 is required. In the instance of the applicant being in the UK already and legally working (therefore applying for Leave to Remain), the applicant’s own income in addition to the income of the sponsoring partner can count towards meeting this threshold. Different rules and evidential requirements apply depending upon how the income is generated.  

Another way of fulfilling the financial requirement is by relying upon cash savings. In order to rely solely upon cash savings, the applicant must show that he or she has at least £62,500 in cash savings which has been held by either, or both of, the applicant and the sponsor. This amount as a minimum must have been held for a period of at least six months and it must have been held in a bank account. The applicant or the sponsor will additionally need to provide a declaration as to the source of these savings.

In cases where your cash savings are derived from many sources or where they are spread across multiple bank accounts, the evidential requirements become more complicated. Therefore it is recommended that you seek assistance from a solicitor who can guide you through the evidence you must provide in support of your application.

What evidence needs to be submitted with the application?

Certain documents must be submitted with your application, or your application can be refused; these are called specified documents. These include documents such as your marriage/ civil partnerships certificate, degree certificate, pay slips and tax returns.

Successful UK Spouse / Unmarried Partner 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 City of London based immigration solicitors on 02071830570 or complete our contact form.

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