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Spouse / Partner Visa

The requirements for a spouse visa may look simple, but showing that you meet them is not! Most decisions, even those made at a premium appointment in the UK, are based on the papers you submit, without you ever being interviewed – which means that your paperwork needs to be perfect. We specialise in Spouse Visa applications and will guarantee this is so. At Immigration Street Legal of all the visas we are asked to prepare spouse visas are the most regular. Spouse visas have therefore become our speciality and we can give you full assurance of success. Most of our applications are granted within 2 months and many within 6 weeks. If the Priority Service is chosen then this can be 2-3 weeks, and for the Premium Service (within the UK) you can get a same day decision. There is a great deal of preparation work required to submit a spouse visa application, and we are contacted regularly by those who have underestimated the strict requirements of the rules and hence have had their applications rejected. We therefore would not recommend attempting to prepare such an application by yourself especially considering the high application fees and lengthy delays that could result. If you have already been refused a spouse visa then contact us as soon as possible as we may be able to retrieve the situation, or at worst immediately submit a new application. You can apply for a spouse visa if you are married to someone who is a British citizen, has permanent residence in the UK, or has refugee or humanitarian leave. If you are already in the UK and have a visa that allows you to remain for longer than six months you can apply to the Home Office from within the UK – otherwise, this application can only be made from your home country or a country where you are a long-term resident. A UK spouse visa is issued for an initial period of two and a half years, and you need to apply for an extension at the end of this time. You have to prove that you meet all the requirements for the visa again when you apply for the extension. The spouse visa is for couples who are both over 18, where one partner is British or settled in the UK, or has refugee or humanitarian leave in the UK, and the other partner is from outside the EEA. You also need to demonstrate that you have met in person and are legally married (in a form of marriage that is accepted in the UK) and that you are in a subsisting relationship. As a couple you must have a minimum income of £18,600 per year. In most cases it is the UK based spouse who has to show that they have this sum of money available. If your partner is in the UK but is not settled or British, you may be still able to join, or accompany, them as either a PBS Dependent or on an EEA FAMILY PERMIT. If you are not able to satisfy certain of the requirements for a spouse or civil partner visa, you may still be able to apply to join or remain with your partner on human rights grounds if you can demonstrate that there would be very significant difficulties in your relationship continuing outside the UK. For more information on this route please see PARTNER IS A BRITISH CITIZEN, PERSON WITH ILR OR REFUGEE Extension Applications Before your initial grant of leave expires, you will need to apply to UK Visas and Immigration to extend your stay. The requirements for further leave to remain in the UK as a spouse or civil partner are broadly the same as those that apply to initial applications in the spouse and civil partner visa category. Settlement Applications UK spouse or civil partner visa After spending 5 years (60 months) in the UK as the spouse or civil partner of a British citizen or settled person, you may be eligible to apply for indefinite leave to remain in the UK. In order to qualify for indefinite leave to remain as a spouse or civil partner you will need to demonstrate, in addition to the above requirements, that: Since you have been in this category you have lived together with your partner in the UK or there is good reason, consistent with a continuing intention to live together permanently in the UK, for any period when you have not done so. You meet the higher English Language requirement that applies to settlement applications You have passed the Life in the UK test. If you make an application for indefinite leave to remain as a spouse or civil partner but do not satisfy the above requirements, UK Visas and Immigration will go on to consider if you meet the requirements for a further extension of stay as a spouse or civil partner. The financial requirement rules are extremely strict and can only be demonstrated in one of the ways set out in the Immigration Rules. If the UK spouse gets certain benefits to do with disability or caring for someone you do not have to show an income of £18,600, but you will still have to show that you can support yourselves as a couple. There must be suitable accommodation available , which you own or occupy ‘exclusively’ as a couple, though in this context exclusively means only that there is a bedroom for your exclusive use. You will need to satisfy the Home Office that the property is secure – that is, that you are not likely to become homeless – and that it is not statutorily overcrowded. Even if you meet all the other requirements of the Immigration Rules, you can be refused because of your character and conduct. Criminal convictions, previous poor immigration history, deception or withholding material facts (whether accidentally or on purpose), using the NHS when not entitled to – these are all issues that are taken into consideration before a spouse visa is issued.

Unmarried Partner Visa

Before you can apply as an unmarried partner you need to demonstrate that you are already in a subsisting relationship, by providing evidence to show that you have lived together for two years. This category of the Rules is therefore only available to couples who have lived overseas, or if one partner is in the UK in some other category. As a couple you must have a minimum income of £18,600 per year. In most cases it is the partner who has the right to live permanently in the UK who has to show that they have this sum of money available, though if you are working legally in the UK then your income can be included as well. If you are living with someone who is a British citizen, has permanent residence in the UK, or has refugee or humanitarian leave, you can apply for a UK unmarried partner visa. If you are already in the UK and have a visa that allows you to remain for longer than six months you can apply to the Home Office in the UK – otherwise, this application can only be made from your home country or a country where you are a long-term resident. An unmarried partner visa is issued for an initial period of two and a half years, and you need to apply for an extension at the end of this time. You have to prove that you meet all the requirements for the visa again when you apply for the extension. The financial requirement rules are extremely strict and can only be demonstrated in one of the ways set out in the Immigration Rules. If the UK spouse gets certain benefits to do with disability or caring for someone you do not have to show an income of £18,600, but you will still have to show that you can support yourselves as a couple. There must be suitable accommodation available, which you own or occupy ‘exclusively’ as a couple, though in this context exclusively means only that there is a bedroom for your exclusive use. You will need to satisfy the Home Office that the property is secure – that is, that you are not likely to become homeless – and that it is not statutorily overcrowded. Before an unmarried partner visa is issued you will have to demonstrate that you can speak and understand English, at least at a basic level – A1 CEFR (Common European Framework of Reference. If you are not a citizen of a majority English speaking country, or don’t have a degree that was taught in English, then the only way to meet this requirement is to take and pass an approved test from an approved provider (the list of acceptable tests and test providers changes). Even if you meet all the other requirements of the Immigration Rules, you can be refused because of your character and conduct. Criminal convictions, previous poor immigration history, deception or withholding material facts (whether accidentally or on purpose), using the NHS when not entitled to – these are all issues that are taken into consideration before a visa is issued. You will be eligible to apply for settlement once you have lived in the UK on this visa for five years.

Fiance Visa

If you are planning to get married in the UK to someone who is a British citizen, has permanent residence in the UK, or has refugee or humanitarian leave, you can apply for a UK fiancé visa. This application can only be made from your home country. The fiancé visa is valid for six months. You are not allowed to work while you are on this visa, which is issued to allow you to come to the UK to get married. Once you are married you can apply to the Home Office in the UK for a spouse visa, and once this is issued you are free to work or study as you please. If you are not getting married in the UK then you should apply directly for a spouse visa once you are married. The fiancé visa is for couples who are both over 18 who want to get married in the UK and then live here. One partner must be British or settled in the UK, or have refugee or humanitarian leave in the UK, and the other partner must be from outside the EEA. You must be legally free to marry, and must intend to marry within six months of the visa being issued. You also need to satisfy the Home Office that you are in a subsisting relationship. As a couple you must have a minimum income of £18,600 per year. In most cases it is the UK based spouse who has to show that they have this sum of money available. The financial requirement rules are extremely strict and can only be demonstrated in one of the ways set out in the Immigration Rules. If the UK spouse gets certain benefits to do with disability or caring for someone you do not have to show an income of £18,600, but you will still have to show that you can support yourselves as a couple. There must be suitable accommodation available for you, both before and after the marriage. Accommodation before the marriage can either be living with your partner or somewhere else. Accommodation after the marriage must be owned or occupied ‘exclusively’ by you and your spouse, though in this context exclusively means only that there is a bedroom for just the two of you. You will need to satisfy the Home Office that the property is secure – that is, that you are not likely to become homeless – and that it is not statutorily overcrowded. Before a fiancé visa is issued you will have to demonstrate that you can speak and understand English, at least at a basic level – A1 CEFR (Common European Framework of Reference. If you are not a citizen of a majority English speaking country, or don’t have a degree that was taught in English, then the only way to meet this requirement is to take and pass an approved test from an approved provider (the list of acceptable tests and test providers changes). Even if you meet all the other requirements of the Immigration Rules, you can be refused because of your character and conduct. Criminal convictions, previous poor immigration history, deception or withholding material facts (whether accidentally or on purpose), using the NHS when not entitled to – these are all issues that are taken into consideration before a fiancé visa is issued.

Partner of a British Citizen

Are you in a relationship with someone who is settled in the UK? The Immigration Rules allow for applications from people who are in a relationship with a ‘settled’ person – that is, where your partner is British, has Indefinite Leave, or has been granted Refugee Leave. You have to show, however, that there are “insurmountable obstacles” as to why your relationship cannot continue overseas, and why you should, therefore, be allowed to remain in the UK. An insurmountable obstacle is described in the Immigration Rules as a very significant difficulty which could not be overcome, and which would cause very serious hardship for you or your partner. This is a very high standard and before you consider making an application on the basis of your relationship with a settled person, you need to have very strong reasons as to why your relationship cannot survive anywhere but in the UK

Parents & Other Family Members

This category is only open to the parents, grandparents, adult sisters and brothers, and adult children of someone who is settled in the UK, or who has refugee leave or humanitarian protection. Other relatives are not covered under the Immigration Rules. The application has to be lodged from your home country. Settlement is granted immediately if the UK based sponsor is British or has Indefinite Leave to Remain, and if the UK based sponsor has a limited time visa, then leave is granted for the same period as the sponsor’s leave. You will be eligible to apply for settlement once you have lived in the UK on this visa for five years. About you. Before this visa is granted, you have to prove that you are unable to look after yourself on a day to day basis, because of your age, illness or disability. There must also be nothing in your conduct or your previous immigration history to make you ineligible for entry to the UK. Care facilities. You also have to satisfy the Home Office that, even with the financial and practical help of your sponsor, there is no suitable care available in your home country, either because it doesn’t exist, or because it is unaffordable. Maintenance and accommodation. Your sponsor has to be in a position to maintain and accommodate you, and take care of you, without needing any recourse to public funds. Your sponsor will have to give an undertaking to support you without help from the government for five years from the date you enter the UK. Suitability requirements. Even if you meet all the other requirements of the Immigration Rules, you can be refused because of your character and conduct. Criminal convictions, previous poor immigration history, deception or withholding material facts (whether accidentally or on purpose), using the NHS when not entitled to – these are all issues that are taken into consideration before this visa is issued.

Dependent Children

This category is for the children of people who are British citizens, or who have Indefinite Leave to Remain in the UK. The application can be made from the UK if the child is here legally, even as a visitor; otherwise it must be made from the child’s home country. Children get settlement immediately. If you yourself are coming to the UK as a spouse, fiancé or unmarried partner there are additional requirements that your children have to meet. All children must be under the age of 18, still dependent upon their parents, single and not leading an independent life, and free from any unspent convictions. You must be able to maintain and accommodate the children adequately from your own resources, without needing help from public funds. SOLE RESPONSIBILITY If you are the only parent in the UK, you will need to demonstrate either that your child’s other parent is dead, or that you have sole responsibility for the child. If you cannot prove either of these things, you need to satisfy the Home Office that there are ‘serious and compelling family or other circumstances’ that would make it undesirable to refuse your child permission to live with you in the UK. SERIOUS AND COMPELLING CIRCUMSTANCES Over the years the courts have held that ‘sole responsibility’ means more than just supporting your child financially, though that is, of course, an important element of what you have to prove. You will need to show that you have kept in regular contact with your child, and that even though you have left someone else with the day-to-day care, you have been the person who has made all the major decisions in the child’s life. What this means is not explained in the Immigration Rules. In general, if you are relying on this, you will need to be able to prove why it would be detrimental for your child to be unable to live with you in the UK. This could, for example, be because the care arrangements in place are no longer workable, or because of serious health issues, or if the child is being abused or ill-treated. ADOPTED CHILDREN The UK recognises legal adoptions from countries that have signed up to the Hague Convention, and from certain other ‘designated countries’. If you have adopted a child legally but the country in which the adoption has taken place does not meet this criterion, then the adoption will not be recognised as valid for the purposes of UK immigration. If you and your partner live overseas for 18 months or more, and adopt a child who has lived overseas with you for 12 months or more, this could be recognised as a ‘de facto’ adoption.

Children in the UK

Do you have children who are British, settled or resident for 7 years? Another situation in which it is possible to regularise your status is if you have children who have a right to live in the UK – so that is, children who are British or who have Indefinite Leave to Remain. If the children are here illegally, or have visas but are not settled in the UK, then they need to have lived in the UK for at least seven years. Decision makers have a positive duty to have regard for the welfare of any child in the UK, but while the welfare of the child is an important issue, it is not the only issue and has to be looked at along with all the other factors of the case. The test, in this case, is whether or not it would be “reasonable” to expect the child to leave the UK . This, of course, is subjective, so that two different people looking at the same facts could come to two different conclusions about what is or is not reasonable. As always when making an application to remain in the UK, you have to prove your case, and the closer the links you can show with your child, the greater the chance of your application being successful.

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