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Spouse Visa UK

Fiancée Visa

For an individual wishing to enter the United Kingdom as a fiancé(e), there are three main requirements that applicants need to satisfy.

  1. Relationship Requirements
  2. Financial Requirements
  3. English Language Requirement

1. Relationship Requirements

The sponsor must be:

  • British Citizen; or
  • Person present and settled in the UK; or
  • In the UK with refugee leave or humanitarian protection; and
  • Over 18 at the date of the application

Other requirements:

  1. The applicant and partner must not be within the prohibited degree of relationship.
  2. The applicant and partner must have met in person.
  3. The relationship between the applicant and partner must begenuine AND subsisting.
  4. If the applicant and partner are married, the marriage or civil partnership must be valid.
  5. Any previous marriage or partnership by the applicant or the partner must have permanently broken down. (divorced or invalid)
  6. The applicant and the partner must intend to live permanently together in the UK.

It is important to bear in mind that (2), (3) and (6) are subjective. Therefore the onus is for the applicant to provide all the necessary evidence that would satisfy the Entry Clearance Office that the applicant and the partner have indeed met, are indeed in a genuine and subsisting relationship and are intending to permanently live together in the UK.

Individuals who intend to marry or form a civil partnership must be seeking entry to the UK to enable their marriage to take place.

2. Financial Requirements

It is important to note that the application will, most of the time, rest on the partner’s (sponsor) financial capability. However, this is not always the case. The reason behind this requirement is to prevent those who are coming to the UK to rely on public funding. As of July 2012, the rules in place are stricter and there is no room for discretion if the application does not meet the requirements.

The rule requires that the sponsor must be earning a gross annual salary of at least 18,600 GBP.

The following sources are taken into account:

  1. Salaried Employment
  2. Self-Employment
  3. Pension Income of either the Applicant or the partner
  4. Maternity allowance or bereavement benefit
  5. Other specified income of the applicant and partner (in some cases)
  6. Cash savings

Accommodation

The rules require that the applicant and the partner can accommodate themselves without recourse to public funding.

3. English Language Requirement

The applicant is also required to provide evidence of his/her proficiency in English language. At time of writing, the current level of requirement is A1.

Once the visa has been granted it is valid for 6 months only with an opportunity to apply for settlement provided that marriage or civil partnership ceremony will take place within that 6 months. At this point, the applicant can apply for a spouse visa.

Our Experience

Lawyers at Westkin have assisted hundreds of clients with Spouse Visa and Partner applications in previous years.  We are waiting to hear from couples like you and are ready to assist.

We pride ourselves on ensuring that we get to know both parties in an application and always ensure that the application process is a stress free as possible.

  • Our team has experience in making applications for spouse visas both from inside the UK and from outside of United Kingdom.
  • We can advise on the processing times and application process for both types of applications.
  • We have experience is applying from all major centres around the world without the need for additional lawyers.

The requirements for the spouse visa can in certain situations be complex. It is our job to manage the entire process so it is smooth for clients like you.

Spouse Visa Requirements

In the UK immigration authorities will assess applications based on a number of criteria, which are subject to change.

The Relationship

The first of these is whether the relationship is genuine or not. This highly subjective requirement can often catch out genuine and loving couples who are committed to stay together. We find that clients do not realise that often being in a genuine relationship is not enough, proving it to the Home Office’s satisfaction is required. Given the often negative view taken by some of migrants, this can be tough. Our lawyers are on hand to advise and prepare the requisite documents and dossier of papers to ensure that there is no concern about the nature of the relationship history of the relationship or any other factors.

Our lawyers are sympathetic to differing situations and we understand that relationships do not often run smoothly. This does not however mean that individuals should lose the right to remain together and it is recognised that the immigration process should not interfere with the rights of a couple to remain and fill their life together.

Finances

Many applications now are refused based on the Home Office’s complex financial requirements. Although these financial requirements are subject to change the lawyers at Westkin Associates are able to advise on the latest provisions at the time.

What can often cause particular concern is that an individual, although earning the requisite amount, does not produce the highly specific evidence required by the home office. Often this evidence is not the common sense documents that one would expect to be required. It is our job to ensure that we guide our clients through the process as smoothly as possible.

Other factors which have to be taken into account which Westkin can handle are:

  • accommodation issues
  • documentary proof of marriage
  • identification and immigration history issues
  • other procedural and processing issues.

Overstaying and other complex cases

We have particular specialism in spouse cases where one party has overstayed their visa or whose visa is just about to run out. In this situation, which can be highly stressful, our lawyers are on hand to manage the entire process from beginning to end to ensure that the immigration history, which may not be ideal, is not a barrier to a couple spending their lives together.

We also can advise on in which situations migrants can marry in the UK or can marry outside of United Kingdom.

Our lawyers are on hand to answer questions and to take cases.

We can solve problems –  contact us today for a solution to any immigration problem no matter how small or large.

Unmarried Partner Visa

An individual wishing to join their partner already residing in the UK as a same-sex or unmarried partner needs to apply for a ‘family of a settled person’ visa.

The requirements to be met by a person seeking to remain in the United Kingdom as the unmarried or same sex partner of a person present and settled in the UK are:

  • the applicant has limited leave to enter or remain in the United Kingdom which was given in accordance with any of the provisions of the Immigration Rules; other than where as a result of that leave he would not have been in the United Kingdom beyond 6 months from the date on which he was admitted to the United Kingdom on this occasion in accordance with the Rules, and
  • any previous marriage or civil partnership by either partner has permanently broken down; and
  • the applicant is the unmarried or same sex partner of a person who is present and settled in the United Kingdom; and
  • the applicant has not remained in breach of the immigration laws; and
  • the parties are not involved in a consanguineous relationship with one another; and
  • the parties have been living together in a relationship akin to marriage or civil partnership which has subsisted for two years or more; and
  • the parties relationship pre-dates any decision to deport the applicant, recommend him for deportation, give him notice under Section 6(2) of the Immigration Act 1971, or give directions for his removal under section 10 of the Immigration and Asylum Act 1999; and
  • there will be adequate accommodation for the parties and any

They may apply if they are already in the UK and from outside the European Economic Area (EEA) and Switzerland.

Their family member or partner may be a British citizen, have settled in the UK or be their partner who has asylum or humanitarian protection in the UK. They may also be able to apply to remain with your child if they have lived in the UK for at least 7 years.

If the application is successful, you can stay in the UK for 2 and a half years. Toward the end of this time, the visa holder may be eligible to apply to extend the visa. They may also apply to settle permanently in the UK once eligible.

While on a family or settled person visa, the visa holder may work (they may not work if extending a visa to get married or to become civil partners), study, bring some family members (‘dependants’), but access to benefits or other public funds is usually not allowed.

Westkin Associates cater for busy professionals and people of high-net worth value, therefore our services are designed to ensure the process is as smooth and hassle-free as possible.

 

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