IMMIGRATION LAW ENQUIRIES

Firstly, I wanted to say thank you for offering a free consultation assessment, not many other law firms offer this. I found your company on google and the amazing reviews are what enabled me to take the leap to contact you. So the query is this: my fiance and I are planning to get married in May, in Turkey. I am a British citizen and he is an Algerian citizen. After our wedding and honeymoon, I will return to the UK and he will return to Algeria to submit the UK spouse application. The reason being is due to the nature of my job and the limit on holiday days provided. I don't have enough days to live abroad with him. My question is whether this will be an issue? Us not living together after we get married. We plan to live together in the UK permanently after marriage. My salary is 20k per annum before tax and I have a suitable house for us to live in. Weve been in a relationship for 6 months. What is the likely hood of our application getting accepted/refused?

Answer:

Thank you for your immigration enquiry. I am solicitor at Reiss Edwards and we are UK immigration law experts.

The immigration rules do not specify that you must be present in the country of marriage when a spouse visa application is made. Indeed, most applicant's will remain overseas whilst the sponsor, in this case you, will return to the UK whilst a decision is underway. I therefore do not believe that your return to the UK will result in the refusal of your application as it is common practice. If however, you take a considerable amount of time to make your visa application, it is as this stage that the time that passes between application and marriage will be considered and may be detrimental. From your enquiry, I see that you intend to make an immediate application on your return to the UK so this point is now academic.

Now, turning to the relevant immigration rules. The rules that relate to your application can be found at appendix FM and are defined as:

(a)the applicant must be outside the UK;

- This is satisfied

(b) the applicant must have made a valid application for entry clearance as a partner;

- By virtue of your marriage, the application will be valid as the spouse of a British national.

(c) the applicant must not fall for refusal under any of the grounds in Section S-EC: Suitability-entry clearance; and

- Suitability includes criminal convictions and an adverse immigration history will too be considered (although not alone enough for a refusal).

(d) the applicant must meet all of the requirements of Section E-ECP: Eligibility for entry clearance as a partner. These are:

  • E-ECP.2.1. to E-ECP.2.10.: Relationship requirements;
  • Being married does not suffice alone. We need to be able to prove that you have maintained contact and communicate regularly. You have been together for a short period before marriage, so this aspect of the application will be the most important as it is open to scrutiny.

  • E-ECP.3.1. to E-ECP.3.4.: Financial requirements; and
  • You must earn at least £18,600 and have been employed for 6 months. There are other means to satisfy this, but from your enquiry it looks as though we will not need to visit these alternative options (savings of £62,500).
  • E-ECP.4.1. to E-ECP.4.2.: English language requirement.
  • Passing the IELTS at least at level A1 is required for an initial application for a spouse visa.

I offer an over the phone assessment, so we can narrow down any issues that you may face. Please feel free to call one of our immigration solicitors in London.

Your enquiry has been responded to by Amar Ali of Reiss Edwards. He has worked as an immigration expert for 11 years and is a Director at Reiss Edwards.

 

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