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Immigration

UK Immigration Services

UK Spouse Visa / UK Marriage Visa

A UK Marriage Visa or a UK Spouse Visa allows non EEA nationals who are married to a British citizen, or person who has settlement status in the UK to enter or remain in the UK.In order to make a successful UK Spouse or UK Marriage visa application, you will need to meet with the following criteria;
  • You and your partner are both aged 18 or over at the date of application;
  • You and your partner are not related to each other in a way that means they could not marry in UK law;
  • you and your partner have met in person;
  • your relationship with your partner is genuine and subsisting;
  • you married or in a civil partnership, and your marriage or civil partnership is valid in UK law;
  • You and your partner have the intention to live with each other on a permanent basis; and
  • You are able to meet with the minimum income threshold requirement of £18,600 for sponsoring the settlement in the UK of non-European Economic Area (EEA) nationality, with a higher threshold for any children also sponsored; £22,400 for one child and an additional £2,400 for each further child;
  • You are able to house yourself, your partner and any dependants entirely without recourse to public funds; and
  • Your partner is able to satisfy the UKBA’s English language requirement

The introduction of the financial requirements has led to an increased burden on applicants of having to provide extensive documentary evidence to meet with this requirement. There are specific documents that the UKBA need in order to approve your application and these can only be submitted in the manner in which UKBA clearly stipulate. It is therefore advisable to let a professional manage the process from the outset thereby ensuring a successful application and avoiding unnecessary delay and expense of having to resubmit your application.

Extension Of A UK Spouse Visa / UK Marriage Visa

The initial spouse visa is granted for 2.5 years, thereafter the applicant can apply for an extension providing he or she is able to meet with the above criteria. In addition the applicant will need to also meet with the following criteria;

  • The applicant has not remained in breach of the immigration laws, disregarding any period of overstaying for a period of 28 days or less; and
  • the marriage or civil partnership has not taken place after a decision has been made to deport the applicant or he has been recommended for deportation or been given notice under Section 6(2) of the Immigration Act 1971 or been given directions for his removal under section 10 of the Immigration and Asylum Act 1999;

Settlement / Indefinite Leave To Remain

In order to make a successful application for Indefinite to Leave to Remain, the applicant will need to demonstrate that he or she meet with the following criteria;

  • he applicant has completed a period of 5 years in the UK, with a visa or permission to remain here in this category;
  • The applicant remains the husband, wife or civil partner of the person specified in his or her visa or permission to remain;
  • the marriage or civil partnership continues to exist and that the couple are in a real and subsisting relationship;
  • The couple have the intention to live together permanently as husband and wife or civil partners;
  • you couple continue to have recourse to adequate housing for themselves and their dependants without recourse to public funds;
  • The couple can maintain themselves financially without seeking recourse to public funds;
  • The applicant does not have any unspent convictions within the meaning of the Rehabilitation of Offenders Act 1974; and
  • The applicant has successfully passed the life in the UK test and is able to meet with the requisite English language requirements.

Duration Of The Spouse Visa

The visa is issued for 2.5 years, then extension for another 2.5 years and after which time the applicant will need to apply for an extension. Once you have resided in the UK for a continuous period of five years, you can apply for Indefinite Leave to Remain (ILR)

UK Unmarried Partner Visa / De facto Visa / Same Sex Visa

In order to make a successful application for a UK Unmarried Partner’s visa, you will need to meet with the following criteria;

  • you have been living together in a relationship akin to marriage or civil partnership which has been existing and genuine (not like a ‘marriage of convenience’) for at least 2 years;
  • you and your partner are both aged 18 or over at the date of application;
  • any previous marriage or civil partnership that either of you was in has permanently broken down;
  • you are not related by blood;
  • your partner is not related to you in a way that means you could not be in a relationship in UK law;
  • you and your partner have met in person and have the intention to live with each other permanently;
  • your relationship with your partner is genuine and subsisting;
  • You and your partner have the intention to live with each other on a permanent basis
  • You are able to meet with the minimum income threshold requirement of £18,600 for sponsoring the settlement in the UK of non-European Economic Area (EEA) nationality, with a higher threshold for any children also sponsored; £22,400 for one child and an additional £2,400 for each further child;
  • You are able to house yourself, your partner and any dependants entirely without recourse to public funds; and
  • Your partner is able to satisfy the UKBA’s English language requirement.