UK Case Study: Successful Settlement Application as Spouse of British National

Today, our expert Immigration Solicitors were successful in obtaining a client (“the Applicant”) settlement in the UK, based on her marriage to a British national present and settled in the UK. 

After you have lived legally in the UK for a certain length of time, you may be able to apply for permission to settle in the UK. Settlement is also known as ‘Indefinite Leave to Remain’.  If you are currently in the UK, your right to apply for settlement will depend on your current immigration category whereas if you are applying to enter the UK as the child of a British citizen or a person who is settled here, you may obtain immediate permission to settle here permanently.

Facts of Indefinite Leave to Remain

The Applicant entered the UK in 2007, 8 years ago with the intention of working. She legally obtained the relevant UK visa and complied with the conditions of her visa by returning to her country of origin before the expiry of the UK visa. The Applicant returned to the UK, this time to pursue a higher education in a renowned UK University. After successfully completing her degree the Applicant met her partner and future husband. After three years of dating the Applicant married her British Spouse in her home country. The Applicant obtained a UK Spouse visa and once in the UK was granted an extension of 2 years which brings us to 2015.

Our expert Immigration Solicitors were instructed by the Applicant to prepare and submit an application for Indefinite Leave to Remain as the Spouse of a British national. A bespoke tailored documents list was sent out to the Applicant and her Spouse to guide them in demonstrating the Applicant met the requirements under the Immigration Rules. It was important that the documents reflected that the Applicant was in a genuine subsisting relationship.

Under the UK Immigration Rules, as they were then, the Applicant must show that they have been admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years in accordance with paragraphs 281 to 286 of the Immigration Rules and has completed a period of 2 years as the spouse or civil partner of a person present and settled in the United Kingdom. As mentioned above the Applicant married her British national husband who is present and settled in the UK. This is only applicable to applicants who made their Spouse visas prior to 9 July 2012.

Instructing Immigration Solicitors Successfully Obtain Settlement

Our expert Immigration Solicitors at Lexlaw duly prepared the Applicant’s visa application with the requisite supporting documents and made detailed representations to submit with the visa application. The legal representations demonstrated that the Applicant met the UK Immigration Rules by highlighting that she has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom. In addition, to confirmation that the parties had met and are in a genuine and subsisting relationship and that the parties intended to live together permanently. Furthermore, it was important to detail that the Applicant and her spouse were able to maintain and accommodate themselves with no recourse to public funds.

We were happy to receive news from the Home Office today confirming that the Applicant had been granted Indefinite Leave to Remain in the UK based on her marriage to a British national present and settled in the UK.

Contact us for a successful Settlement / Indefinite Leave to Remain application

Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a free telephone assessment and free case assessment even if you wish to consider other advisers.

Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our legal case assessment form and we will get in touch or call us now on 0845 8622 529 for a free telephone assessment and free case assessment.

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