The changes to the immigration rules which came into force since the 9th of July 2012 allows same sex partners to settle in the UK under the Appendix FM. The new rules are relatively more complex and rigid when compared to the old rules. We there advice applicants to be sure that they are well versed on the rules before submitting. In some cases, you find out that there are a specific kind of evidence that the Home office may be requiring to show certain things.
Please note, in the light of the aforementioned immigration rules, transitional arrangement refer to a situation where an individual is currently on a leave to remain based on the old rules. Such a person will continue to be related with based on the old rules.
Importantly, applicants that may not have met the regular requirements may yet be granted leave to remain under the exceptions criteria. Such criteria may be found in paragraph EX.1 of the immigration rules. These exception criteria are weaved around Article 8 of the Human Rights Act.
Article 8 of Human rights Act relates to the exception criteria in the paragraphs that concern rights to private and family life. It is important to note also, that if a person has been granted leave under this route, they will no longer be subject to settlement under the 5 years route in an immigration category but 10 years.
In order to qualify to apply under this route, the sponsor must be able to demonstrate that they earn the specified gross annual income which is set as a minimum of £18,600. Please note that this figure does not include dependants who may be applying with the main applicant. The prices go up by £3,800 for the first child; while for any additional children, an extra £2,400 will need to be shown per child.
It is important to note that applicants will no longer be able to use 3rd party funding in this application. Also the applicant's potential to be employed in the UK will no longer be taken into consideration. In the case of entry clearance applications, income earned overseas can also no longer be relied upon. However gifts and aids can be relied upon; note that it must not be a loan.
Applicants who are on the following may be exempt from meeting the financial requirement: -
If as result of the exemptions above, you are exempt from meeting the financial requirement, the applicant will still have to show that the UK partner meets the financial as well as accommodation requirements.
Applicants must show that they have met the English language requirement. The English language requirements entails the applicant demonstrating sufficient knowledge of English language. Importantly, if the applicant is from a majority English speaking country, they will be exempt. Also, if they posses a degree from a UK university, they will also be exempt.
If the applicant has sat and passed the required English language test at least at Level A1 of the CEFR from a provider accredited by the UKBA, they will also be exempt from meeting the English language requirements.
An entry clearance application will be refused if any of the following apply:-
It is very important that the same sex partner is either a British national or a person present and settled in the UK. The age of the parties in question also count. Both the applicant and the sponsor must be over the age of 18.
There are also instances where either by law or any other legally binding terms, the parties in question are prohibited from been in a relationship. In order be eligible for entry clearance under this route, both parties must not be prohibited from been in a relationship.
There also has to be evidence that the same sex partners intend to get married and live together permanently as well as not been a polygamous one. The polygamous factor means that neither party is in a previous relationship and where there was a previous marriage, the relationship must have broken down irretrievably
The same sex partners must also meet adequate accommodation requirements. They must be able to show that there is a decent place for them to live in while in the UK and would not be relying on the government to solve their accommodation issues. It is very important that they show that the accommodation is or will not be overcrowded and/or will not contravene public health regulations.
There is also the English language requirements that needs to be met. Applicants must show that have a good knowledge of English language by way of either a national of a majority English speaking country or pass the required English language test (as approved by the UKBA) or has a degree taught in English from a University in the UK.
Our family immigration lawyers boast of over 65 combined years' experience in immigration law and have assisted a good number of clients in obtaining their partner visas to the UK.
If you are looking to switch into the same sex partner visa, you may do so either under the old or new rules. The old rules will allow if you applied to switch before the 9th of July 2012. In that case, you will not need to meet the financial requirement of earning a minimum gross income of £18,600 per year.
The new rules on switching are enshrined in Part 8 of the Immigration Rules under Appendix FM. Based on the new rules, persons looking to switch into this route, will need to meet the financial requirement of earning gross income of £18,600 per annum.
Long Residence and PBS Dependants
Where the PBS dependant migrant has become a settled person in the UK on the basis of long residence, the dependant migrant will be unable to extend their current leave or obtain ILR under their current route. The will have to switch to the same sex partner of a settled person.
Importantly, if you have been granted leave to remain prior to the 9th of July 2012, you can apply for further leave under the transitional provisions at A280 (C) under the Part 8 Immigration Rules. If you were granted leave after the 9th of July 2012 and your partner have obtained indefinite leave to remain your will be able to extend your leave under Appendix FM.
In order to be eligible for extension of leave to remain as a same sex partner (Further leave to remain - FLRm), the applicant must be a same sex partner of a person British citizen or a person present and settled in the UK.
Importantly, same sex partners are also qualified to apply for an extension of leave whether or not they are in a civil partnership. The rules that govern the durability and subsisting relationships will also apply here regardless of whether or not there was a legal ceremony. Same sex partner extension applicants would have to be physically present in the UK as at the time the application is been made.
As at the time of the application, the applicant must have a valid leave to remain in the country. Even though the UKVI allows for a 28 day grace period after the expiration of your visa, we would normally recommend not to leave it late.
Contact our immigration solicitors today if you are looking to make this application.
Holders of the Same sex partner visa who have continuously resided in the United Kingdom for a period of 5 years will quality for Indefinite leave to remain. You may apply using the SET (M) form.
If you were granted your same sex partner visa prior to the 9th of July 2012, you can apply for settlement after a period of 2 years of continuous residence in the UK as a same sex partner. However for applications granted after that date, you will need to wait till you complete 5 years on the route before you can apply for ILR. Please note also, that you will still need to meet the financial requirement to be eligible for ILR; except you fall under the exceptions as specified under Appendix FM
438 ReviewsREAD ALL REVIEWS
Tier 1 Investor Visa - Business Immigration
Investing over 2 million pounds is defintely not a routine decision. We had to make sure that the Tier 1 investor immigration lawyers that we'd be picking has to be one of the best within the Tier 1 investor category. We contacted Reiss Edwards and they were able to get us not only the Tier 1 investor visa but also suggested profitable investment portfolios in addition to what we already had in mind.
Indefinite Leave to remain - UK Settlement and Naturalisation
I am glad that i instructed Reiss Edwards on my visa matter. It started with a 20 minutes free immigration advice. I met with Amar to discuss my ILR refusal. He gave me a great deal of quality advice and decided to take on my messy case. I had doubts on the merits of my case by he was relatively convinced he could win it. That made me quite secure. To be honest, things did not start as quick as I would have wanted, but they kept on communicating the process and state of things to me.A big thank you to Verusha and Foram. They were also very helpful. Brilliant and informative. Their fee was fair and reasonable, especially if you compare them to other law firms and immigration law firms in London; some of whom even told me that i would not be able to get an indefinte leave to remain in this country. The process was long but was worth it. In the end, a big thank you to Reiss Edwards.
Citizenship Application - UK Naturalisation
TI have just had British Citizenship application approved. Prior to making the application, i was not sure which law firm i should hire to facilitate the paperwork. After a few hours of research, i decided to go with Reiss Edwards and i must confess that i wasnt disappointed. The immigration lawyers at Reiss Edwards handled my case well and they really knew what they were doing. They were fully aware of what documents I needed and it was easy for them to tell if my case was going to be easy or not. At the end of the day, I have not received my British citizenship within 3 months. If anyone is looking for a good immigration lawyer to handle thier case, contact Reiss Edwards.
Spouse Visa - Appeals and visa refusals
My wife's spouse visa extension application was refused by the Home Office and they gave her 14 days to leave the country. We contacted Reiss Edwards and they said "OK don't worry we will sort this out". They put together the list of documents for me to obtain and they prepared a bundle which was as thick as the printer it came out from.We followed everything they asked us to do and in the end we won our appeal and got our spouse visa. We can't recommend them enough and we have promised ourselves never to make any more UK visa applications without them.
Immigration Visa - Citizen of United Kingdom
The team of lawyers at Reiss Edwards are very professional and friendly people. Their experience in and around UK immigration law is quite extensive; be sure that you application is in safe and competent hands. My immigration matter was an indefinite leave to remain application based on Tier 1 on a self-employment basis. The immigration lawyers at Reiss Edwards made sure that the application was perfect and ready to be accepted. I got a positive decision and I recommend them highly for anyone who needs a UK immigration help.
UK Settlement Visa
I contacted Reiss Edwards to help me with my wife’s UK settlement visa. They acted with utmost professionalism throughout the entire application. I spoke with Joe Dinh, he is an immigration solicitor and he is one of the best solicitors out there. He ensured that there was little to no room for error. At some point I thought he was over cautious. He remained calmed and continued to assure us on our immigration matter. Most people in his position would have panicked but he was calmed and continued to assure us. We received out positive outcome very quickly.
Cheap Immigration Lawyers in London
I have been using Reiss Edwards for three years now for my family's immigration application. Both for my initial application and extension. They are really affordable. The team of solicitors at this firm are probably one of the most efficient and economical in terms of cost. They offered free advice over the phone and spent good time with us before inviting us for consultation.
Top Notch Immigration Service
Reiss Edwards is a top notch immigration service company. The way they handled our documentation and also the list of documents they sent was efficient and top quality. They helped us professionally throughout the process. We are very happy with the immigration advice we received from the team. We highly recommend them.
Best Immigration Solicitors
I used Reiss Edwards’ immigration lawyers to assist with my immigration matter and that of my family. It was an EX1 application. They dealt with the matter properly and even when complications were coming up from the Home Office, they helped resolve the issue properly. They are very professional and are very popular in London. I am happy to have worked with them.
Indefinte Leave to remain - Individual Immigration - UK Settlement visa
It's a shame that you dont have an 'Excellent' star rating on here, as my experience with Reiss Edwards is nothing short of an excellent rating. They handled my application for an Indefinite Leave to remain in April 2014 and did my husband's one very recently including my daughter. Every time i have approached them, they have continued to treat me with courtesy, respect and patience. Amar was indeed a very thorough and professional gentleman. He is very knowledgeable, corporative and engaging. He responded to my emails, calls and enquiries promptly. He was always reassuring. I could not have asked for a better Immigration service. I would recommend them over and over again for anyone looking for an immigration advice. They gave me a free immigration advice when i called them, and the quality of the advice was something other charge thousands for. If you need a particular, name, Amar would be it. He exemplifies, for me, the true, professional gentleman. He is a valuable asset to Reiss Edwards.
Tier 2 Visa application - UK Work Visas
This is the only firm that i spoke with that didn't ask for money before listening to me, will be using them again.
I used Reiss Edwards for my Tier 2 visa application and it was successful. The team was ever present and happy to answer my question. The caseworker that dealing with my case went on holiday yet by case did not suffer one bit. Another lawyer stepped and took over the case without any hassle.
Tier 1 Investor Visa - Business Immigration
My Tier 1 Investor Visa was dealt with quickly and without issue. Would recommend Reiss Edwards as an Immigration law firm in London. Thank you to the team.