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The Spouse Visa allows anyone who is present and settled in the UK to bring over their spouse to join them. A British citizen or settled person (a person with Indefinite Leave to Remain or permanent residence) is eligible to bring their spouse to join them in the UK.

 

Marriage Visa

Difference Between A Marriage Visa and A Spouse Visa

The UK Marriage Visa is a term commonly used to refer to the Spouse Visa however, there lies a minor difference between the two.

 A Spouse Visa allows the spouses of British citizens and/or persons free from immigration control to join their partners in the UK. A Marriage Visa refers broadly to several visa categories which allow partners of persons with lawful residence to bring their overseas partners to join them in the UK. This may include dependants of persons who would normally need a visa to come into the country as opposed to the Spouse Visa which is issued solely to spouses of British citizens settled persons.

Important to note, what is commonly referred to as a Marriage Visa does not in itself exist as an immigration route, while the Spouse Visa does. A Marriage Visa may include both a Spouse Visa and PBS Dependant Visa as a spouse or someone with a valid leave to remain in the country (Tier 1, 2, or 4).

The kind of Marriage Visa you need will normally depend on your circumstance.

British citizen -> Spouse visa

Person with ILR or permanent residence -> Spouse Visa

EEA National married to a non-EEA -> EEA Family permit (submitted outside the UK)

Person with refugee status or humanitarian protection -> Family reunion

Tier 4 student visa - Dependant of a Tier 4 visa holder

Tier 2 general visa - Dependant of a Tier 2 General visa holder

How do I apply for a spouse visa?

You can apply for a Spouse Visa online from outside of the country. If you are already in the UK, you can also apply online given you've met all the eligibility criteria and prepared all documents required for this application. If this isn't the case, you may be required to fill in a form for a postal application instead. In this case, the eligibility criteria are as follows:

A high level of English-speaking ability

Meeting the minimum income requirement

Having permission to be in the UK

Conditions of a spouse visa

A Spouse Visa is normally issued for 2.5 years and allows the holder to work in the UK without restriction. At the end of the first granted 2.5-year period, the holder can apply for an extension and be eligible for Indefinite Leave to Remain (ILR) after 5 years.

Please note that for ILR applications you will need to provide evidence of cohabitation throughout the 5-year period.

To make this application, both parties must be able to prove the following: -

  • They have physically met each other;
  • They are legally married;
  • That there is an intention to live permanently together in the UK as couple; and
  • That the sponsor meets the financial requirements as described in the immigration rules

What are the eligibility criteria for a spouse visa?

The eligibility criteria for a Spouse Visa is as follows:

  • Spouse or civil partner must be a British citizen or "settled" person (has ILR or a protected status, such as a refugee)
  • You must be in a provable relationship (documentation will be required) having lived together for at least 2 years
  • Have good English language skills (may need to be proven depending on your country of origin)
  • Be able to financially support both yourself and your dependants (will require proof of finances)

If you can meet these criteria, then you should have a very strong application - it is also possible to apply even if all these conditions have not been met.

Documents required for a spouse visa

As you may expect, for a visa that comes with rather generous terms, you will be expected to provide a lot of documentary evidence. Most of this documentary evidence will be linked to the relationship and will be used as a way of testing how genuine the relationship is. The UK has historically had problems with so-called "sham marriages", which resulted in the rules being significantly tightened for visas involving relationships/marriages. As a result of this, you will be expected to produce a substantial amount of paperwork.

As well as paperwork pertaining to your relationship, you will also need to provide identifying information (such as passports), as well as documentation relating to your criminal past (if any), your financial situation and, depending on your specific situation, your health.

Below is the list of documents you will need to provide for a spouse visa;

  • Proof of relationship
  • Your full name.
  • Your date of birth
  • Proof of English language requirements for a spouse visa
  • UK visa application form. For the spouse visa you will need to submit the form VAF4A.
  • Previous passports.
  • Valid passport with at least an empty page in order to be able to affix visa.
  • Two passport-sized color photos that are in line with the requirements set by the UK.
  • Proof of financial means.
  • Details of any previous immigration applications, if any.
  • Certificate of criminal record.
  • Your national insurance number, if any.
  • Date of birth and nationality of parents if your application is done from outside the UK.
  • Proof of accommodation.
  • Biometric information. (Fingerprints and a digital photograph).
  • Proof of spouse visa fees payment.

Financial requirement for a spouse visa

To bring your spouse to the UK, you must be able to prove you can look after them during their stay. You need to be earning above a certain threshold to prove they will not be a burden on the state whilst in the country.

It is important to note, however, that you will be exempt from the financial requirement if you are in the UK as a refugee, or under humanitarian protection. However, you will still need to show that you earn a minimum gross salary/wage; the amount will depend on who you are applying for.

If you are applying for your spouse alone, you will need to show that you earn a minimum gross annual income of £18,600.

If you are applying for your spouse and one child, the financial requirement is £22,400 gross per year.

For every additional child (in addition to the point above) you will need to add £2,400 for each child to the £22,400 gross per year.

Please note that maintenance funds will be taken into consideration in line with the source of the funds in question. Only the sources listed below will be considered:

  • Income of the partner from specified employment or self-employment, which, in respect of a partner returning to the UK with the applicant, can include specified employment or self-employment overseas and in the UK
  • Pension of the applicant and/or partner
  • Maternity allowances or bereavement benefit received by the partner in the UK
  • Any other income and/or savings specified by the applicant and/or partner

Please note, exemptions from meeting the financial requirement will be applicable if the sponsor is receiving income from any of the following sources:

  • Disability living allowance
  • Severe disablement allowance
  • Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme
  • Mobility Supplement, Constant Attendance Allowance, or War Disablement Pension under the War Pensions Scheme
  • Police Injury Pension
  • Industrial injury disablement benefit
  • Attendance allowance
  • Carers’ allowance

It is important to note however, that in the event of a partner qualifying for exemption in line with the above, the applicant will still need to show that they have enough funds to maintain themselves in the UK, as well as having adequate accommodation (while having no recourse to public funds).

Combining Your Income

For partners outside and inside of the UK applying for a spouse visa you will have to make sure to meet with the minimum income requirement required for this application. If a spouse visa application is done from outside the UK, you cannot include your earnings but your savings can be used to contribute to the total income amount needed. On the other hand, if the spouse application is done within the UK, earnings can be contributed to the total amount needed.

Combining your earnings and savings to help you meet the income requirements can also be done including proof of financial support throughout the validity period of your visa. If you are not able to meet the financial requirement using one source of income, alternatively you can combine the following sources:

  • Self-employment/employment income
  • Pension
  • Maternity, sickness, adoption or paternity pay
  • Income from rent or shares
  • Minimum cash savings of £16,000 for at least six months

English language requirements

The applicant would need to show that they have an adequate knowledge of the English language. The following are the ways in which an applicant can meet the English language requirement:

  • Being a citizen of a majority English speaking country
  • Possess an educational degree from a higher educational institution in the United Kingdom
  • Pass a UKVI recognized English Language test
  • If the applicant is over 65 years old, they can be exempted
  • Where the applicant suffers from a disability preventing them from meeting the English Language requirement
  • If there are exceptional circumstances which prevent the applicant from being able to meet the requirement prior to entry to the UK

(Read more on spouse visa English requirement here)

 Fees for a spouse visa

The fee for making a Spouse Visa application is £1,523. The application will need to be completed online (apart from some cases where eligibility criteria is an issue - we will advise you on which to use). You will also need to pay additional fees, such as the Immigration Health Surcharge (IHS), which is £200 per year per applicant. If you have used legal help (such as ours), you will need to pay that separately - we will advise you of the costs involved in using our service once we've established your needs.

You will need to pay the total upfront for your application to be processed - the prices quoted only cover standard fees. If you are looking to have your application processed faster, you will need to use a premium service, which adds further additional costs.

Below are other requirement costs needed in the spouse visa application:

Requirements

Out of country application

In country application

Spouse visa UK fee (cost) in 2020

£1,523

£1,033

Immigration Health Surcharge (IHS)

£1,200

£1,000

Housing Report

£80-120

£80-120

Copy of the title deeds

£3

£3

Priority (premium) visa services

£573

£500-800

Lawyer fees

£195-£1,850+

£195-£1,850+

Bank statements

£0-80

£0-80

English language test

£150

£150

Tuberculosis test

£65-110

£65-110

Translations

£0-300+

£0-300+

 

What is the processing time for a spouse visa?

For spouse visa processing time, you should be able to get a decision within 12 weeks of attending your appointment at the visa application center. How fast the processing of your visa will be depending on what country you are applying from. You can check with your visa application center.

Spouse visa renewal and extension

If you have been last granted leave as a spouse of a British citizen or a person present and settled in the UK (or a refugee), you should be able to apply for a renewal or extension as the case may be - provided you are still married to your visa sponsor and continue to meet the other immigration requirements.

Please note that if your spousal application was granted prior to 09 June 2012, your extension application will be considered in line with Appendix FM of the Immigration Rules.

It is also important to note that Spouse Visa applications, which are considered under Appendix FM (as mentioned above), would be subject to meeting the financial requirements, which involves showing an annual income of at least £18,600 before tax.

Entry clearance for a spouse visa

The immigration rules allow the spouse of a person present and settled in the UK to apply for entry clearance as a spouse. The definitions of a person present and settled in the UK also include persons who have been granted settlement at the same time as the applicant.

The following are the requirements for entry clearance as a spouse:

  • The applicant must be outside the UK
  • The application for entry clearance as a spouse must be a valid one
  • Must not fall for refusal under any of the grounds in Section S-EC: Suitability-entry clearance; and
  • The applicant must meet all the requirements of Section E-ECP: Eligibility for entry clearance as a partner.

Entry clearance applications will be refused if:

  • There is a directive from the Secretary of State that the exclusion of an applicant from the UK is conducive to public good
  • The applicant is subject to a deportation order as of the date of application
  • The exclusion of the applicant from the UK has been deemed conducive to public good as a result of the applicant's conduct, character or association
  • Without a reasonable excuse, the applicant failed to show up for a compulsory interview, provide specified information, undergo a medical examination or report when required to do so. It is immaterial whether the misrepresentation is intentional or known to the applicant or not
  • It is undesirable to grant entry clearance for medical reasons
  • The mandatory IHS surcharge, alongside other compulsory charges, have not been paid or have failed
  • Failure to provide a requested maintenance and accommodation undertaking

Switching into a spouse visa

Migrants currently in the United Kingdom with a valid leave to remain or enter for a period of more than six months and are married to a British national, a person present and settled in the UK, or with a refugee status or humanitarian protection, can apply to switch into a Spouse Visa from within the country.

One option is switching to a Spouse Visa wherein the proposed applicant is married to a citizen of the EEA. The benefit of switching into a Spouse Visa is that your case for remaining as a spouse may be stronger than your claim to extend your current visa. The Spouse Visa is one of the UK's longer lasting visas and is also extendable to cover the possibility of gaining ILR after 5 years.

The process is reasonably straightforward - like many other visa programmes, it is all down to eligibility.

The main areas of eligibility for switching to a Spouse Visa are:

  • Evidence of a relationship
  • Documentary evidence to support the financial requirements (please note that after August 2017 the Home office must take specific conditions in mind when it comes to the minimum income threshold)
  • Adequate accommodation
  • Good English language skills
  • These are pretty common among the visa programmes in the UK and are designed to ensure that applicants are who they say they are. The UK is currently trying to reduce net migration and so is ensuring that every applicant is genuine.

Indefinite Leave to Remain (ILR) as a spouse

If you have been granted a Spouse Visa under the Appendix FM, you will need to apply for ILR using the SET (M) application form; provided you have continually resided in the UK for 5 years under the Spouse Visa. Exemptions are applicable to individuals who are normally exempt from meeting such requirements under Appendix FM.

A person who was granted a Spouse Visa under the rules set in place before 9 July 2012 can apply for Indefinite Leave to Remain (ILR) using the SET (M) application upon completion of 2 years residence in the UK on a Spouse Visa. The applicant can submit the SET (M) application 28 days before completion of 2 years residence in the UK as a spouse.

Requirements for ILR application as a Spouse

As a spouse applying for Indefinite leave to Remain (ILR) as a spouse you will need to make sure to meet the requirements for this application, which are;

  • Meet the English and Life in UK requirements.
  • Proof of suitable accommodation
  • You will need to meet the financial requirement
  • Proof to show you have lived with your partner for 5 a period of 5 years or more
  • You and your partner are still genuinely married

I’m worried I may not have the right documents to make an application, can you help?

Absolutely!

We have a long history of helping applicants successfully move to the UK to live and work. Our process will help make your application run as smoothly as possible - we can do as much or as little of the work as you wish. Many people are happy to leave the process entirely in our hands, providing only what we ask for, while others prefer having more control. Our adaptable process ensures you are kept up to date and well informed throughout. If there are any application queries then we can also take care of them, allowing you to sit back and wait for your application to be processed, safe in the knowledge that it has been completed professionally and without mistake.

Is A Civil Partnership Treated the Same as A Marriage for A Spouse Visa?

Yes, as far as the Spouse Visa is concerned, there is no difference between a Civil Partnership and a marriage. The main concern is whether your relationship is genuine or not. You will be expected to provide significant amounts of evidence to prove this, therefore making it unimportant as to whether you are in a Civil Partnership or marriage.

Recent changes in the UK now allow for heterosexual couples to enter into a Civil Partnership as well. So, if you find a Civil Partnership to be more suitable to your relationship, do not be put off entering one on the grounds of your Spouse Visa application - it still satisfies the UKVI requirements.

UK spouse visa lawyers

We have a team of professional immigration solicitors who specialize in assisting clients with Spouse Visa applications. Our Spouse Visa lawyers boast over 20 years’ worth of experience in Spouse Visa applications and will be more than happy to assist you.

 

 

 

 

 

 

Some of our happy clients

Immigration Related Enquiries

Thank you for your enquiry.
We are sorry to hear of the troubles you are facing. Your options depend on a variety of circumstance such as the following:
• Have you been a victim of domestic violence?
• Are there are any children involved?
• How long have you been in the UK in total?
If any of the above apply, there are options available to you. We recommend that you urgently seek Immigration advice so that we can advise of your options.
Curtailment
Thank you for getting in touch with us regarding your spouse visa status.
Now, this visa type is one where your rights to be in the UK are based on your relationship with a British national. From the information that you have provided, it seems as if the relationship has broken down?
In the event that the relationship has broken down, you are obligated to notify the Home Office that you and your partner are no longer in a relationship. They will ask for you to confirm the reason as to why the relationship has broken down, and it would be up to them to decide on the next steps. The typical next steps would be that the Home Office provide you with a period of curtailment – usually 60 days to get your affairs in order and make plans to proceed with returning to your home nation, or to prepare and submit an application to remain in the UK on another basis.
If you want to switch to another route, we can discuss this further.
Domestic Violence
If you are in the UK on a spouse visa, your rights run directly through your spouse – or in other words, you have your rights based on your relationship with your spouse. This means that once there are any material changes in your circumstances, you will need to inform the Home Office immediately.
As you are the partner, you may be eligible to apply for other visas that may be applicable to your circumstances.
In this instance, on the grounds of adultery you may potentially be able to make an application for Indefinite Leave to Remain on the grounds of Domestic Violence, within the Immigration Rules.
Domestic violence has been defined by the government as “any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those who have been intimate partners or family members regardless of gender or sexuality.
You first need to ensure that you can prove that (i) your relationship is genuine and ongoing when you were last given permission – in this case, at the point of your Spouse Visa extension, and (ii), you were the victim of domestic violence from your partner and can provide some form of evidence to show that the relationship has broken down based on your partners actions. Lastly, (iii) you will need to meet certain suitability criteria, including being free on criminal convictions, being of good character and compliant with any interview and also, providing correct and true information on your application for Indefinite Leave to Remain.
Children
If there are children in the relationship, we are able to discuss the best course of action to take depending on your situation – in particular, your relationship with the children and also the dependency of the children on you as their parent.

To discuss either or all of the above, do not hesitate to get in touch with our team who are best suited to discuss this, with no judgement and complete confidence.

Thank you for your enquiry.
To enable your wife to enter the UK, you will need to apply for a partner visa under Appendix FM of the Immigration Rules. The requirements in a nutshell are as follows:
• Suitability requirement – the applicant must not have any criminal convictions, cautions or civil judgements, previous immigration history or have any other character or conduct issues that make it undesirable for them to enter the UK;
• Relationship – the applicant and sponsor must come under the definition of a partner (be married or in a civil partnership, a fiancé/e or an unmarried partner if you have been living together for at least two years together), be aged over 18, not be in a prohibited relationship (e.g. polygamous marriage) and provide evidence that they are in a genuine and subsisting relationship;
• Financial requirement – show that there is a minimum gross income of £18,600 per year. If there are non-EEA children applying at the same time, this minimum income increases by £3800 for the first child and then £2400 for each subsequent child. Only certain types of income and/or savings can be included There are limited exemptions to this minimum financial requirement if you are in receipt of certain benefits of receive certain types of maintenance grants or stipends;
• Adequate accommodation – you will need to show that there is accommodation that is of an adequate size for those you will be living and for your exclusive use;
• English language requirement – if an applicant is not from a Home Office defined majority speaking country, they will need to show that they have a minimum level of speaking and listening in English. This can be satisfied by either sitting an Home Office approved test at an approved test provider or using a degree that has been taught in the UK or taught in English abroad which has been approved by a body called UK NARIC.;
• TB test certificate – if the applicant is from a country that requires TB testing, the applicant will be obliged to obtain a TB test certificate from an Home Office approved clinic.

In your circumstances, the key concern will be how you satisfy the financial criteria. You mention that you have been working in Qatar. If you are still with your employer and have a job offer to start within three months of your return to the UK, you can satisfy the financial requirement this way. There are other ways too such as having a minimum amount of savings (e.g. £62,5000 that you have held for six months or more if you rely upon no income).

If you do not satisfy any of the above, your wife may not be eligible for a partner visa. You mentioned that she is a nurse. If she is a registered nurse, she does also have the option of applying for a Tier 2 (General) work visa.
We recommend you get in contact with us to discuss this further and advise of your options.
If your children were born to at least one British parent, outside of the UK, they are British by descent. They will be required to apply for an Overseas Passport Application in order for them to enter the UK.
To enable your wife to enter the UK, you will most likely need to apply for a partner visa under Appendix FM of the Immigration Rules. There are 6 requirement associated with this type of visa.
Looking at the information that you have provided, it seems as if the Financial Requirement could potentially be met – however we do need to delve deeper to confirm a handful of other points regarding your finances, including your employment history and status (whether self-employed or employed and length of time), what documents you can produce to prove this and lastly, your employment plans upon return to the UK. You are also able to show non- employment income, including rental income from a property that you own, or cash savings held whether through salary savings or the proceeds of a property sale. We can discuss this further to understand which category you can apply under.
There are other eligibility criteria to satisfy, and we are happy to determine whether or not you do meet them.
Now, this visa hinges on the basis that the relationship is genuine and subsisting. You can either meet this being unmarried partners or spouses evidenced through marriage. We will guide you on what to provide but you must be able to demonstrate that this is correct.
As the Applicant, your wife will need to ensure that she has satisfied the English Language requirement. This can be met by completing an approved English test or having a degree taught in English recognised by the UK NARIC.
The Applicant will also need to ensure that they have completed a Pre-Departure Tuberculosis (TB)screening in their country of residence. Not all countries are at risk of TB but those that are will have specific centres that will hold screenings.
The Applicant will need to show that they meet the suitability requirements – which includes disclosing criminal convictions, cautions and civil judgments. This also include any other character or conduct issues that make it undesirable for them to enter the UK
As the British national, you will be referred to as the Sponsor. As the Sponsor, along with the aforementioned financial requirement, you will need to be able to show that you have adequate accommodation for your partner and children. There is a two-part test, which looks at the number of people in a property as well as the number of bedrooms and other spaces within the property. From the information provided, your two children of different genders are below the age of 10 and can share a room. You and your wife will need to show that you have exclusive occupation of a total of 2 rooms in a property – either that you rent or own / or is owned by your friends/family.

We have outlined the requirements above but there are further aspects of the application that must be addressed. In order to understand fully about the prospects of success of your application, as well as creative scenario testing and solutions, our team are happy to discuss further.

Thank you for your enquiry.
We are sorry to hear of the troubles your daughter and son-in-law have encountered with the immigration process.
Unfortunately they are likely to continue finding it difficult obtaining a partner visa under Appendix FM of the Immigration Rules. This is because under these rules, there are certain requirements that must be met. One of these is known as Suitability, which deals with applicants who have criminal convictions, cautions and/or civil judgements or there are character or conduct issues which make it undesirable to grant them a visa. One of the requirements states that if an applicant has been sentenced to imprisonment of four years or more, they will never be considered as suitable to be granted a visa under these rules. It unfortunately means that an application under Appendix FM of the Immigration Rules is bound to fail on this point.
Despite the above, they can still make an application on human rights grounds, specifically Article 8 of the European Convention of Human Rights (‘ECHR’). This is the right to a private and family life. It can be argued that the refusal of a visa will be a disproportionate breach of your son-in-law and daughter’s human rights.
We recommend you get in contact with us to discuss this further and advise of your options.

Thank you for your enquiry.
In order to enter the UK as a spouse, you will need to satisfy the rules under Appendix of the Immigration Rules. The requirements in a nutshell are as follows:
• Suitability requirement – the applicant must not have any criminal convictions, cautions or civil judgements, previous immigration history or have any other character or conduct issues that make it undesirable for them to enter the UK;
• Relationship – the applicant and sponsor must come under the definition of a partner (be married or in a civil partnership, a fiancé/e or an unmarried partner if you have been living together for at least two years together), be aged over 18, not be in a prohibited relationship (e.g. polygamous marriage) and provide evidence that they are in a genuine and subsisting relationship;
• Financial requirement – show that there is a minimum gross income of £18,600 per year. If there are non-EEA children applying at the same time, this minimum income increases by £3800 for the first child and then £2400 for each subsequent child. Only certain types of income and/or savings can be included There are limited exemptions to this minimum financial requirement if you are in receipt of certain benefits of receive certain types of maintenance grants or stipends;
• Adequate accommodation – you will need to show that there is accommodation that is of an adequate size for those you will be living and for your exclusive use;
• English language requirement – if an applicant is not from a Home Office defined majority speaking country, they will need to show that they have a minimum level of speaking and listening in English. This can be satisfied by either sitting an Home Office approved test at an approved test provider or using a degree that has been taught in the UK or taught in English abroad which has been approved by a body called UK NARIC.;
• TB test certificate – if the applicant is from a country that requires TB testing, the applicant will be obliged to obtain a TB test certificate from an Home Office approved clinic.

With regard to your daughter, as long as you are named on the birth certificate and the child has a British passport, there is no specific requirement for you to provide a DNA test.
As set out above, the financial requirement is a minimum of £18,600. If your wife is not working and she in receipt of certain benefits, she will not need to show that there is £18,600 available. Instead, she will need to prove adequate maintenance which will, look into the funds that she is in receipt of – deducting the outgoings pertaining to rent and expenditure. This is then compared with the income support levels that others in a similar situation but are British would receive in state benefits.
If you cannot satisfy the financial criteria above, you can make an application on the basis of you and your family’s human rights and the Home Office can consider whether there are exceptional circumstances why you should be granted a visa. It can unfortunately be difficult to obtain a visa on this basis unless there are serious issues involved which would make it disproportionate for you to be refused a visa to join your family.
Other visa options are available but depend on your situation. You can seek to enter the UK as a Tier 4 (General) student if you wish to study in the UK or a Tier 2 (General) work visa if you are a skilled worker and can find a company that wish to sponsor you.
We recommend you get in contact with us to discuss this further and advise of your options

Thank you for your enquiry.
Option 1:
In order to enter the UK as a spouse, you will need to satisfy the rules under Appendix of the Immigration Rules. The requirements in a nutshell are as follows:
• Suitability requirement – the applicant must not have any criminal convictions, cautions or civil judgements, previous immigration history or have any other character or conduct issues that make it undesirable for them to enter the UK;
• Relationship – the applicant and sponsor must come under the definition of a partner (be married or in a civil partnership, a fiancé/e or an unmarried partner if you have been living together for at least two years together), be aged over 18, not be in a prohibited relationship (e.g. polygamous marriage) and provide evidence that they are in a genuine and subsisting relationship;
• Financial requirement – show that there is a minimum gross income of £18,600 per year. If there are non-EEA children applying at the same time, this minimum income increases by £3800 for the first child and then £2400 for each subsequent child. Only certain types of income and/or savings can be included There are limited exemptions to this minimum financial requirement if you are in receipt of certain benefits of receive certain types of maintenance grants or stipends;
• Adequate accommodation – you will need to show that there is accommodation that is of an adequate size for those you will be living and for your exclusive use;
• English language requirement – if an applicant is not from a Home Office defined majority speaking country, they will need to show that they have a minimum level of speaking and listening in English. This can be satisfied by either sitting an Home Office approved test at an approved test provider or using a degree that has been taught in the UK or taught in English abroad which has been approved by a body called UK NARIC.;
• TB test certificate – if the applicant is from a country that requires TB testing, the applicant will be obliged to obtain a TB test certificate from an Home Office approved clinic.

In regard to how we work, we offer full representation. This means that we will complete the online forms, work with you to prepare the specified documents in support of the application and prepare detailed legal representations setting out the Rules and how you satisfy them. We will be there to continuously advise and assist you throughout the process.

With regard to our fees, we work on a fixed agreed fee basis. This means that our fees are fixed, do not change and are up to the first decision of the Home Office. Our fees vary depending on the complexities of your case. We recommend you call us to discuss your matter so we can confirm whether you satisfy the Rules and then advise on the process and the tailored fees.
Option 2:
Thank you for getting in touch.
We need to understand your status in the UK.
In the event that you are in the UK on the basis of Leave to Remain under a Tier 2 or certain Tier 4 Points Based System visas, then there is a Points Based System Dependent application that we can discuss with you.
This particular route needs certain requirements to be met, including:
• Maintenance – including adequate support financially;
• Documents confirming the status of the main applicant (potentially you).
In the event that you are in the UK and are either British or This makes a difference as we should first ascertain in which regard you will be considered a” Sponsor” – whether through a family route as a British spouse.
There are 6 requirements to meet for applicants from India. They are:
• Relationship criteria;
• Immigration history;
• Tuberculosis;
• English language;
• Accommodation and;
• Financial threshold.
We can guide you through what will meet the requirements and give you creative solutions. Upon instructions, provide a tailored list of documents that we will need from you to prepare and submit an entry clearance application for your husband.

My wife (Non eu) is currently in the U.K. With me. She arrived on her article 10 residence card as she lived in Italy with me ( British citizen). We applied for her UKRC and her decision will be with us in the next two weeks. However I feel it will be a refusal as other couples are getting refused, and they have stayed longer in host state. We stayed 4 months and a couple of days and I was working for the whole 4 months. Now I'm wondering whether her immigration status is sufficient to apply for FLR(m) and of corse if she is ,we would like you to perhaps summit a application on her behalf. Guidance notes say the following E-LTRP.2.1. The applicant must not be in the UK- (a) as a visitor; or (b) with valid leave granted for a period of 6 months or less, unless that leave is as a fiance(e) or proposed civil partner, or was granted pending the outcome of family court or divorce proceedings E-LTRP.2.2. The applicant must not be in the UK - (a) on temporary admission or temporary release, unless paragraph EX.1. applies; or (b) in breach of immigration laws (disregarding any period of overstaying for a period of 28 days or less), unless paragraph EX.1. applies. Please note, we know of a couple who UKRC refused under surinder Singh, submit new application, received Certificate of application to buy time to get documents ready for FLR. Then they were granted submitted FLR and granted. So could be a similar case to ours. What are our options, we need a definite answer if we are eligible to apply for FLR. If so please advice me how we can move forward. I would like to book appointment for some spouse visa. Please contact me if you have any appointment today, thanks

Thanks for getting in touch.
You mention that your wife is a non-EU national but you also mention that she has entered the UK Article 10 Residence Card.
If this is the matter, she will be able to apply for Pre-Settled status under the Eu Settlement Scheme. This is a straight-forward application can be completed on android device.
We are of course happy to discuss this further.

Thank you for your enquiry.
If you wish to enter the UK on the basis of your relationship with your British partner, you will need to satisfy the partner visa rules contained in Appendix FM of the Immigration Rules. The first concern in your case is whether you come under the definition of a partner under GEN.1.2 of Appendix FM. They define a partner as one of the following:
• A spouse or civil partner;
• A fiancé/e, with the intention to marry within six months of entering the UK; or
• An unmarried partner where you have been living in a relationship akin to marriage of two years or more.
From the brief information you have provided, your relationship does not currently come under the definition of any of these.
With regard to other options, as you have cited that you are an actor, you may be able to work in the UK under a Tier 2 (General) work visa or Tier 5 (Temporary Work). You will need to find an employer that wishes to sponsor you.
We recommend that you contact us so that we can advise of your options.

Thank you for your enquiry.
To enable your fiance to enter the UK, you will most likely need to apply for a partner visa under Appendix FM of the Immigration Rules. There are 6 requirements associated with this type of visa.
Looking at the information that you have provided,
The financial requirement will require important and up to date information including your employment history and status (whether self-employed or employed and length of time), what documents you can produce to prove this and lastly, your employment plans upon return to the UK. You are also able to show non- employment income, including rental income from a property that you own, or cash savings held whether through salary savings or the proceeds of a property sale. We can discuss this further to understand which category you can apply under.
Now, this visa hinges on the basis that the relationship is genuine and subsisting. You can either meet this being unmarried partners or spouses evidenced through marriage. Once you have completed your registry next month, you become eligible for the married partner visa. We will guide you on what to provide but you must be able to demonstrate that this is correct.
As the Applicant, your wife will need to ensure that she has satisfied the English Language requirement. This can be met by completing an approved English test or having a degree taught in English recognised by the UK NARIC.
The Applicant will also need to ensure that they have completed a Pre-Departure Tuberculosis (TB)screening in their country of residence. Not all countries are at risk of TB but those that are will have specific centres that will hold screenings. China is a country that requires a TB screening and there are 14 approved centres in the country.
The Applicant will need to show that they meet the suitability requirements – which includes disclosing criminal convictions, cautions and civil judgments. This also include any other character or conduct issues that make it undesirable for them to enter the UK
As the British national, you will be referred to as the Sponsor. As the Sponsor, along with the aforementioned financial requirement, you will need to be able to show that you have adequate accommodation for your partner and children. There is a two-part test, which looks at the number of people in a property as well as the number of bedrooms and other spaces within the property. For a childless couple, we will need to be able to show that you both have exclusive occupation of at least one room in a property.
We have outlined the requirements above but there are further aspects of the application that must be addressed. In order to understand fully about the prospects of success of your application, as well as creative scenario testing and solutions, our team are happy to discuss further.
With regard to our fees, we work on a fixed agreed fee basis. This means that our fees are fixed, do not change and are up to the first decision of the Home Office. We recommend you call us to discuss your matter so we can confirm whether you satisfy the rules and then advise on the process and the tailored fees.

Thank you for your enquiry. We are sorry to hear about the difficulties you are facing.
Unfortunately, as your visa has now been curtailed, you are not eligible to apply for Indefinite Leave to Remain (‘ILR’) under the partner route of Appendix FM. This is because when you apply for ILR on these grounds, one of the key requirements is to show that you continue to be in a genuine and subsisting relationship with your partner and intend to settle together and make the UK your home. As the relationship has broken down and your partner is no longer sponsoring your application, you cannot satisfy the above requirement.
The other options depend on your circumstances. We recommend you call us to discuss your matter so we can advise of your options.

Thank you for your enquiry.
In order to satisfy the financial requirement, you need to show that you have a minimum income of £18,600 per year (this increases if there are non-EEA national children involved). This can be satisfied in a number of ways.
From the information provided, you wish to rely upon both self-employed income and your current employment income. Under Appendix FM of the Immigration Rules, you can combine different income avenues. Your proposed option only works if the following applies:
• Your self-employment was as a sole trader and not through a limited company;
• That you have submitted your accounts for the most recent financial year ending 5 April;
• That at the time of application, both employment and self-employment are a source of your income.
If any of the above do not apply, you cannot combine the two income avenues.
The second option would be to wait until you have completed six months of employment with your current employer.
Make use of our free consultation and we are happy to speak with you in depth about your options.

Thank you for you enquiry. We are sorry to hear of the troubles you are facing.
Your options depend on a variety of circumstance such as the following:
• Have you been a victim of domestic violence?
• Are there are any children involved?
• How long have you been in the UK in total?

If any of the above apply, there are options available to you.
We recommend that you urgently seek immigration advice so that we can advise of your options.

Thank you for your enquiry.
When applying for a partner visa, you need to provide evidence that you satisfy the rules contained in Appendix FM of the Immigration Rules. One of the requirements is ‘Suitability’. It must be shown that the applicant does not have any criminal convictions, cautions or civil judgements, previous negative immigration history or have any other character or conduct issues that make it undesirable for them to enter the UK.
Your partner will be obliged to tell the Home Office about their overstaying in the Republic of Ireland as part of the application process. If they do not divulge this information or do not tell the truth as part of the application process, they will be refused on the basis of having used deception in an application.
Generally speaking, overstaying in another country is not a reason for the Home Office to refuse an application. This may however change if there are ‘aggravating’ factors which the Home Office consider make it undesirable for your partner to enter the UK.
We recommend you contact us so that we can explore your options further.

Thank you for your enquiry.
When an EEA national is applying to bring a non-EEA family member to the UK, they need to satisfy the rules contained in the Immigration (European Economic Area) Regulations 2006 (‘EEA Regulations’). In order to bring a direct family member such as a spouse to the UK, you will need to prove that you are either a permanent resident under regulation 15 EEA Regulations or exercising treaty rights, know as being a qualified person under regulation 6 EEA Regulations.
The evidence required is COMPLETE

Thank you for your enquiry.
When an EEA national is applying to bring a non-EEA family member to the UK, they need to satisfy the rules contained in either the Immigration (European Economic Area) Regulations 2006 (‘EEA Regulations’) or the Post-Brexit Appendix EU rules. In order to bring a direct family member such as a spouse to the UK, you will need to prove that you are an EEA national in the UK and that the person applying is a direct family, for example your wife.
An application for a family permit is made online and free of charge. Once issued, it is valid for six months. As soon as they enter the UK, we would recommend that they apply for Pre-Settled Status under Appendix EU. This is also a free of charge application. Once granted, they will be given five years of Pre-Settled Status. They will be free to work, study and enter and exit the UK. After they have completed five years in the UK, they can apply for Settled Status, which is the equivalent of Indefinite Leave to Remain.
In order to discuss the finer details of the process and how we can represent you, we recommend you contact us

Thank you for your enquiry.
I must address two concerning factors of your enquiry.
Firstly, you mention that your cousin is separated from his partner but not divorced. In this instance, they are still in a marriage and therefore, still married to the first wife.
Secondly, you mentioned that your cousin got married recently. This marriage is void as the divorce proceedings for the first marriage have not been exhausted.
We are happy to discuss this further but we are not able to proceed with an application for a spouse visa until we are able to see a Decree Absolute (Certificate of Divorce).
Once you have this – do not hesitate to
get in touch with us.

Spouse visa appeal within 28 days, I sent all missing documents. plus proof visited husband abroad photos and travel tickets. (information withheld) they was going to give us final answer. update came up as court hearing. did not give any answer. last year submitted spouse visa (Information withheld) got reply that they have received file and it will take 12weeks to get answer. Rejection came as to two documents was missing But it should be one has to I provided my job letter which solicitor requested from HR Revenue for my whole Job history. my husbands solicitor whom did his file checked my file which I took abroad with me told me my bank statements where my job salary goes into was not there. solicitor wrote note before posting file to (Information withheld) that this document is missing. The rest of documents was all in there. on (information withheld) my husband received email that file not straight forward. They did not contact me in the 12 weeks that they said will get answer. they made us wait whole 6 months to say visa has been refused in (information withheld) 2018 so I went to my solicitors applied for appeal sent them all the missing documents. Janruary 2018 they took out a fees from my account. The deadline for answer to come back was 14 June 2018. when solicitors contacted them they just said there will be a court hearing. They did not give any explanation what so ever. I think this is not fair. they are making us wait even more longer. when we have provided all proof to them. I am born here in the UK, and my husband is from (information withheld) please is there any way to get justice to why they are doing like this? Its (information withheld) to my marriage now but nothing seems to be happening.

This enquiry has been dealt with in a private email by one of our spouse visa immigration experts

Dear Sir/Madam. We are a bit worried about our application process for my partner's visa. In this email I have outlined all the conditions, could you read it and provide feedback as to what we can do? - My partner's visa expires on the (information withheld) - We will be married before application - I start my job on (information withheld) with a salary of(information withheld), I will be paid at the end of August. However, since it isn't a full month, I will only be paid for the work I have done. Therefore the first month of FULL pay is September - I had a part-time job for the month of July meaning I had an income for this month and my employment will be continuous. However, my income for this month doesn't meet the threshold, but would it count towards the yearly total of (information withheld)- My partner also has a job with a salary of (information withheld) per month. She started this Job on the (information withheld). - If my partner changes jobs but still has income for every month would this be okay? It isn't fixed income with the same company, but income is guaranteed. (as a note, she may well be able to keep the job with the same company for 6 months) - Another lawyer if we send application on the 28th, then we would have until February for me to get paid whilst they collect fingerprints and such. Is this possible even though when we send the application on the 28th of January our income is 5 months and not 6 months? - What are the chances of rejection based on these points? - Can we appeal if we get rejected? If you need more info please contact me asap. Thanks so much. Kind regards, Harrison. (information withheld)

This enquiry has been dealt with privately by one of our immigration solicitors

I am writing to you in the hope that you can help me and my family get home and out of our current situation. I am a 26 years old, British citizen and I have lived in the UK my whole life. My wife is 27 years old, Russian Nationality and a qualified Dental practitioner. I am currently living in Thailand with my expecting wife. My sons due it is on the 21st of this month. We are in Thailand as I cannot meet the Financial requirements of the Spouse visa, as I have been traveling the past year and a half, and what money I have been earning does not account to anything as far as immigration is concerned. And my savings are not anywhere close to the 60000 odd required. We are unable to live in Russia as I can only speak very little Russian and this is a requirement for visa and work, and as you can imagine it is something not learned over night. Thailand is a neutral country where both of us are able to have visas and stay together. I am even unable to leave my family to come back to gain employment and work for 6 months to meet the retirements, as my wife is unable to return to Russia as she currently has nowhere to live. The safety of of wife and child would be at stake. Please could you advise me if you can help me, I am very worried and feel as if the United Kingdom has abandoned me. I have a [data removed] Pound permanent home in the UK. I have worked and never taken benefits. I cannot believe I would be left high and dry and be denied the right to come home to safety. Thank you very much for you time and I hope to here from you

This enquiry has been dealt with privately by one of our immigration solicitors

This enquiry has been dealt with privately by one of our immigration solicitors

This enquiry has been dealt with privately by one of our immigration solicitors

This enquiry has been dealt with privately by one of our immigration solicitors

You are needed to meet the English Language requirement. You will be qualified if you are a citizen of a country that speaks English as its official language; If you have successfully obtained a certificate that was tutored in English language equivalent to a British Bachelor's Degree; and if you are successful in a suitable English Language examination endorsed by the UKVI. However you will not need to meet this requirement if you are:
65 years and above when the application was made
Physically or mentally challenged and as such could not meet the requirement
Constrained by an exceptionally sympathetic circumstance.

If you want to make the application outside the United Kingdom, you are required to make the application online through this website . if you are a country where the application cannot be made through the internet, you are permitted to make the application through the VAF4A application form as well as with the additional applicable appendix.

If you are making your application inside the United Kingdom you are required to make the application through the FLR (M) application form. You can submit the application through the same day visa premium service.

You will need to show the following:
The relationship you are in is long-term
You live together with your spouse
You and your spouse have the intension of living with each other in the country.
You along with your spouse bear the same responsibility for your children
You along with your spouse share financial commitment such as agreement of tenancy or mortgage, bank saving, and both of your names appear on utility bills.
You and your partner have both visited each other's member of family in each other's country of nationality

Yearly you are expected to earn a salary of £18,600. You will be required to earn £22,400 if you intend to support and sponsor a child as well as your spouse.

If you have another child you will be required to earn an additional £2,400. To show that you are financially qualified you will be expected to provide supporting documents in relation to it.

However, if your sponsor is a recipient of funds related to disability or sums of money as a caregiver, you will not be required to meet this requirement. You will be required to show that your sponsor can house you and meet your maintenance needs without seeking for help from public fund.

A switch into the UK Spouse Visa is permitted as long as you are not in the United Kingdom as a:
Visitor
Leave holder for less than 6 months unless granted entry as a proposed civil partner or fianc(e)
Temporary holder of an admission
Person who is in the country unlawfully or an over stayer.

If your application was done outside the United Kingdom, you will be normally issued entry clearance for 33 months. You are further permitted to make an application for extension under this category for which you will be given an additional 30 months if the application is successful. You will be permitted to apply for Indefinite Leave to Remain (ILR) if you have stayed for 5 years under this category.

On the other hand, if you application was made in the United Kingdom to switch into the UK spouse category, you will be granted a further leave to remain for 30 months. You are permitted to make an application for an extension under this category for which you will be granted stay for an additional 30 months. You will be permitted to apply for an Indefinite Leave of Remain (ILR) if you have stayed in the country for 5 years under the UK spouse visa category.

Whenever the application fee is paid is your application date. Depending on if the payment was made online or at a visa application center, the date will be contained on your receipt of payment.

You are permitted to apply for ILR 28 days before you complete 2 years of stay in the UK as a UK Spouse visa holder if your UK spouse visa was firstly granted to you in conformity with the Immigration Rules existing prior to the 9th of July, 2012.

You are permitted to make an application for ILR 28 days before you complete 5 years in the United Kingdom as a UK Spouse visa holder if your visa was firstly issued in conformity to the Rules of Immigration in existence from the 9th of July, 2012.

In a situation where your first spouse visa was granted to you in conformity of the Immigration Rules that existed from the 9th of July, 2012 and it was granted to you relying on paragraph EX1 of the Appendix FM of the rules that oversea the United Kingdom Immigration, you may apply for ILR 28 days before the completion of 10 years residence in the country as a UK spouse visa holder.

Thank you for your enquiry.
We are sorry to hear of the breakdown of your relationship. Your options depend on a variety of circumstance such as the following:
• Have you been a victim of domestic violence?
• Are there are any children involved?
• How long have you been in the UK in total?
If any of the above apply, there are options available to you.
If not, then we can look at other options that may be available to you such as work, study or setting up a business. We recommend that you urgently seek immigration advice so that we can advise of your options.

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