At Lexvisa, we pride ourselves on going above and beyond for our clients, even in the most challenging of circumstances. Recently, our specialist immigration team achieved a remarkable success in securing a spouse visa for one of our Afghan national clients, who did not meet several requirements under Appendix FM. The client’s British husband and daughter were forced to flee Afghanistan and travel to the UK on emergency flights via Pakistan after the Taliban invasion. They had to leave the client behind as she did not have a visa to enter the UK and therefore was not permitted to be evacuated with her British family. With failing to meet several requirements for the spouse visa, no help from his Local MP and a generic refusal of assistance from the Minister of State for South Asia, the situation seemed hopeless for our client.

Our expert team of immigration solicitors and barristers made strong legal representations on our client’s behalf, highlighting the exceptional circumstances she found herself in, owing to which she ought to be exempt from the usual requirements for the spouse visa, such as having to take an English language test. The team worked tirelessly to expedite the process and ensure that the client was reunited with her family in the UK as quickly as possible. We supported our client’s family throughout in obtaining the required documents and making representations to the Home Secretary for an expedited decision. The visa was granted in the first attempt, with our client not having to make any appeals, which would have resulted in additional costs of thousands of pounds.

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.

Lexvisa’s team of highly experienced solicitors and barristers has earned hundreds of positive reviews for their exceptional services. Our team is committed to providing the best possible assistance to clients, ensuring that their immigration matters are handled with the utmost care and professionalism. Whether you need help with a visa application, appeal, or administrative review, our experts have the knowledge and skills necessary to provide effective and personalised solutions. Trust Lexvisa to guide you through the complexities of the UK immigration system and deliver outstanding results.

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 is 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 recognised 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.

Furthermore, when applying for a spouse visa in the UK, there are several further relationship requirements to consider, including the recognition of foreign marriages, recognition of religious marriages, prohibited degree of relationship and arranged marriages.

Recognition of Foreign Marriages:

For a foreign marriage to be recognised in the UK, it must be legal in the country where it took place and meet the legal requirements of that country. If the marriage was not registered, the couple may need to provide additional evidence, such as wedding photographs, to prove the validity of the marriage. Additionally, if one spouse was divorced prior to the marriage, the divorce must also be recognised as valid in the UK.

Recognition of Religious Marriages:

Religious marriages may also be recognised in the UK, but only if they are conducted in accordance with the laws of the country where the marriage took place. It is important to note that religious ceremonies alone are not legally binding and must be registered with the local authorities to be recognised as a valid marriage.

Prohibited Degree of Relationship:

The UK has strict rules around marriage between close relatives. The prohibited degree of relationship includes marriages between parents and children, grandparents and grandchildren, siblings, aunts or uncles and nieces or nephews, and half-siblings. If the couple is related in any of these ways, their marriage will not be recognised in the UK.

Arranged Marriages:

Arranged marriages are also recognised in the UK, if they meet the legal requirements of the country where the marriage took place. It is important to note that consent is still required for the marriage to be considered valid. Forced marriages are illegal in the UK and can result in serious legal consequences for those involved. If there is any suspicion of a forced marriage, immigration officials may investigate the matter further. It is crucial to provide evidence that the marriage was entered into voluntarily and that both parties consented to the union. To ensure that all legal requirements are met and to avoid any potential issues, it is recommended to seek the advice of an experienced immigration lawyer when applying for a spouse visa in the UK.

It is crucial to ensure that all of these requirements are met when applying for a spouse visa in the UK. Failure to provide sufficient evidence of a valid marriage or marriage between prohibited degrees of relationship can result in a visa application being denied.

Exemption From the English Language Requirement

At our immigration firm, we understand that some clients may face challenges in meeting the English language requirements for their visa application. Besides the oppression for women rights in her home country, our client was also struggling with mental health issues and therefore, was unable to take the English Language test. We worked closely with our client to understand her situation and assess her eligibility for an exemption from the test. Our team made strong legal representations to prove that our client was exempt from taking the English Language test due to her mental health condition and other external factors beyond her control. We provided supporting evidence from medical professionals, which helped our client receive an exemption from the test, and her visa application was successfully processed.

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. This exemption is available for individuals with a range of health conditions, including dyslexia, hearing loss, and speech impairments, among others. It is important to note that applicants must provide medical evidence to support their claim for exemption, and that the Home Office will still require evidence of their ability to communicate and integrate into UK society.

Navigating the immigration process can be complex, and even more so when dealing with health-related exemptions from language requirements. Speaking with one of our Solicitors can help guide applicants through the process, ensuring that they understand their options and have the best chance of success. They can also help gather and present evidence in a compelling way, making a strong case for the exemption and increasing the chances of a positive outcome.

Expedite Your Visa Application Decision in the UK after Home Office Delays

At Lexvisa, we understand that circumstances beyond your control, such as war in a client’s home country, can cause significant delays in the visa application decision-making process. We consistently pursued the Home Office, the Secretary of State for the home department and our client’s local MP, highlighting the urgency and exceptional circumstances of her case. Our team worked tirelessly to ensure that her case was given priority, and as a result, she was able to receive her decision quickly. We are proud to have been able to provide the support and assistance our client needed during this difficult time, and we will continue to fight for the rights of our clients to ensure they receive a timely and fair decision. Unfortunately, Home Office delays can be a common occurrence, but there are steps you can take to expedite the decision-making process, which are explained below:

Firstly, it is essential to have all the required documents and evidence ready and submitted correctly. Any missing or incomplete information can cause delays, so ensure you have everything in order before submitting your application. It is also important to check the current processing times for your visa category and understand the implications of any changes to immigration rules or policy.

If your visa application is still delayed despite your best efforts, our immigration experts recommend seeking legal advice to explore your options. You may be eligible for an administrative review or an appeal, which could lead to a quicker decision. In addition to administrative review or an appeal, pursuing a judicial review can also be an option for applicants who are experiencing significant delays in their visa application decision. Judicial review is a legal challenge to a decision made by the Home Office and can be initiated through the court system. However, it is important to note that judicial review can be a lengthy and costly process, and it should only be pursued as a last resort. A legal representative can also assist you in making direct enquiries with the Home Office or MP to expedite the decision-making process.

At our immigration firm, we understand the importance of a timely visa decision, and we are committed to providing exceptional services to help you navigate the complex immigration system. Contact us today to learn more about how we can help you with your visa application and expedite the decision-making process.

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 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 Immigration Team?

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 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.

Authored by Danayal Tariq, Paralegal