Success story: Entry Clearance As A Spouse Granted

Our Specialist Immigration Team has been successful in assisting our client (the “Applicant”) in a spouse visa application. The Applicant’s husband and daughter had to urgently travel to the UK, leaving the Applicant behind in her home country as she did not have a visa to enter the UK. The Applicant had no previous travel history and the Applicant had not taken an approved English Language test. Our team made strong legal representations proving that the Applicant was exempt from taking the English Language test due to her mental health.

Our team worked diligently to ensure all necessary documentation was completed accurately and efficiently, leaving no room for errors or delays. Our commitment to providing personalised and comprehensive immigration services, coupled with our in-depth knowledge of UK immigration law, allows us to deliver outstanding results for our clients.

This successful result proves the benefits of having reputable solicitors such as ours at LEXVISA who will make high quality applications.

Can I Apply For A Spouse Visa?

You may be able to apply for a spouse visa if certain criteria are met. Firstly, you and your partner must both be at least 18 years old. Additionally, your partner must meet one of the following requirements:

  • Be a citizen of the UK or Ireland
  • Have obtained indefinite leave to remain, settled status, or have proof of permanent residence in the UK
  • Be a citizen of a European Union country, Switzerland, Norway, Iceland, or Liechtenstein and have pre-settled status. Please note that they must have started living in the UK before 1 January 2021
  • Hold a Turkish Businessperson visa or Turkish Worker visa
  • Have protection status, which means they have been granted leave to remain as a refugee, permission to stay as a refugee, or a person with humanitarian protection
  • Finally, it’s important to note that you and your partner must intend to live together permanently in the UK after your application

Further requirements

To be eligible, you must provide evidence that demonstrates one of the following:

  • You are in a civil partnership or marriage that is legally recognized in the United Kingdom
  • You have been living together in a relationship for a minimum of two years at the time of application
  • You are a fiancé, fiancée, or proposed civil partner and intend to get married or enter into a civil partnership in the UK within six months of your arrival

In addition, you must also provide proof that you:

  • Have a proficient understanding of the English language usually proven by passing an approved English Language test
  • Can financially support both yourself and any dependants you may have

Am I Exempt From The English Language Requirement?

If you meet any of the following criteria, you will be exempt from the English language requirement:

  • You are under 18 or over 65 years of age.
  • You are from a country where English is the official language
  • You hold a degree or academic qualification that was taught or researched in English
  • You are an adult who is coming to the UK to be cared for by a relative
  • You are already in the UK and have been on a family visa for five years, which you are now seeking to extend as a partner or parent
  • You have been diagnosed with a health condition that makes it impossible for you to meet the English language requirement

Can I Work In The UK On A Spouse Visa?

Under a spouse visa in the UK, you are allowed to work without any restrictions or limitations. You, as a spouse, can work in any field, whether it be part-time or full-time, and can also be self-employed. The visa holder is also entitled to receive the minimum wage, sick pay, and holiday pay like any other worker in the UK.

It is important to note that before your initial spouse visa expires, you will need to apply for an extension to continue working legally in the UK. If you fail to do so, this could result in you being unable to work and could have serious consequences especially in terms of your ability to remain in the UK. As such, it is important to ensure that your visa is renewed in a timely manner to avoid any issues. LEXVISA can help you with the visa extension process.

How Long Is A UK Spouse Visa Valid For And How Can I Extend It?

A UK spouse visa is typically granted for a period of two and a half years, after which you will need to apply for an extension if you wish to continue living and working in the UK.

When your initial visa is due to expire, you will need to apply for an extension by submitting a new application along with updated documentation and evidence to support your case. This includes evidence of any changes in your personal or financial circumstances since the initial visa was granted.

If the application is approved, you will be granted an extension of up to two and a half years, after which you will need to apply for further extensions if you wish to remain in the UK.

It is important to note that there are a number of factors that can affect the outcome of a spouse visa extension application, including changes in the immigration rules and requirements, as well as individual circumstances such as financial and personal situations. As such, it is important to seek professional advice and guidance when applying for a spouse visa extension to ensure that the application is completed correctly and in a timely manner.

Can I Switch My Spouse Visa To Indefinite Leave To Remain?

It is possible to switch from a UK spouse visa to indefinite leave to remain (“ILR”) provided that certain requirements are met. In general, ILR is granted to individuals who have lived in the UK for a certain period of time and have met the requirements for settlement.

To be eligible for ILR after being on a spouse visa, you will need to have lived in the UK continuously for a period of at least five years, during which time you must have remained in a genuine and subsisting relationship with your UK-based spouse. You must also have met the financial and all other requirements, and must have not breached any immigration rules during your time in the UK.

If your ILR application is approved, you will be granted ILR, which provides you with the right to live and work in the UK permanently without any restrictions.

Why Instruct Our Specialist Immigration Solicitors?

Our team of solicitors and Advocates 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 your visa application.

Contact our London immigration solicitors on 02030110276 or complete our contact form.

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