Frequently Asked UK Immigration Questions
You need to submit applications for a spouse visa if you are a non-European Union citizen wedded to a UK citizen or if you are a holder of indefinite leave to remain. On the contrary, if your plans is to first move to Britain before getting married to your UK fiancée or partner who is settled in the United Kingdom, you may be qualified to apply for a fiancée visa.
Listed below are the requirements for a spouse visa;
- Both partners must be 18 and above.
- Both must be legally wedded. Marriages that may not suffice are other forms of marriage ceremonies like some traditional marriages that are not seen as legally binding in the country where it took place.
- Demonstrated evidence to permanently live together in Britain as husband and wife is a necessity.
- You as the British sponsor need to have annual earnings of 18,000 or evidence of sufficient savings. Important to note that this amount will go up with child dependent.
- Evidence of proper accommodation for you, your spouse and any possible dependant.
- The English Language requirement must be satisfied.
If it is fiancée visa application, it is always granted for a period of six months within which you are expected to legalize your relationship through marriage and then you will have the option of switching to a spouse visa…
Yes this is possible, you can go for an appeal when your visa application is refused.
Appeals come in various forms;
- Appeal against refusal for settlement visa.
- Appeal against refusal for non-settlement visa.
- Appeal against refusal for Points-Based System Visa
- Appeal against refusal for dependent Points-Based System Visa
- Application for the authorization to appeal (to the First-tier as well as the Upper Tier Tribunal).
- Bail applications and also appeals.
- Request for the Home Office to review your case
The necessary requirement for sponsoring a husband to the UK can be found in Appendix FM of the Immigration Rules. The summary is listed below;
- Suitability – In essence, this means the good character requirement, though this is not only tied to possible criminal convictions. It extends to past non-compliance in your applications, any outstanding bills you might have with NHS as well as any other reason which may be judged as non conducive to public good. Specific evidence is not needed to prove this requirement; you only need to truthfully answer the questions found on relevant application forms online.
- Relationships – This takes a good look at the validity of your nuptials in the country where it happened, it also checks the authenticity of the union, whether it is subsisting and if the genuine intention to permanently live together in Britain really exist. In the same vein, this requirement does not necessitate the provision of any specific documentation but it is advised that the following documents be made available in order to make sure that you establish this requirement.
- Your marriage certificate as well as any evidence of past divorce (if applicable).
- Proof of any past visits to meet one another.
- Proof of contact while both of you live in separate countries.
- A good selection of pictures evidencing your relationship.
- Any other document you feel is necessary for the Entry Clearance Officer to see.
- Financial – except you are a recipient of special benefit, your income level needs to be at £18,600 (if it is your husband alone that is joining you) other supporting documents will vary depending on profession, that is whether you are a salary earner, self employed or you depend on savings either partially or in full. Some of the documents will be centered on the route you depend on and evidence of accommodation is also necessary.
- If you are the owner of your property, you need the applicable entry Land Registry Deed coupled with a Property Inspection Report conforming that your spouse’s presence in the property will not result in over-crowding conditions
- If you are on rent, a tenancy agreement is requires from you in addition to your landlords consent that your spouse is free to take up residence on the property.
- Your spouse may be required to submit a Tuberculosis certificate but this largely depends on where he is currently residing.
Important to note that documents that are not written in English require translation if you expect the Entry Clearance Officer to attend to it.
Visa extensions are largely dependent on the type of visa you hold, some of them which can be extended are listed below.
- Tier 1 Entrepreneur visa extension – This is like a business visa and to be able to meet the pbs rules, you will need the assistance of Tier 1 Entrepreneur visa lawyer.
- Tier 1 Investor visa extension – this particular visa is targeted at high net worth individuals.
- Tier 2 General extension – This is relative to a work permit as it allows you to stay and work but it comes only when you have been granted a Tier 2 General visa with your sponsor having a license to offer you employment. This is known as sponsorship license.
- Tier 2 intra company transfer visa extension;
- Tier 4 General visa extension – This is a sort of student visa; Sole rep of an overseas business visa extension, a sort of business visa
- Spouse visa extension – This is in relation to family related visa the likes of Civil partner visa extension, Unmarried partner visa extension as well as Same sex partner visa extension
The aforementioned are a good starting point but there are still many more to come.
Your current leave has lost its validity if your partner has left the UK and gone back to the EU. It is best for you to stop work immediately as you are breaching the immigration laws by continuing in your employment. You employer is likely to face a fine if the Home Office pays a sudden visit to your place of work and your are likely to face detention.
As for the options open to you, it is possible that you can tender an application outside of the rules. This sort of application is particularly demanding as well as challenging and is under FLRFP. You have to show evidence that you will face insurmountable obstacles upon your return to your country. This standard is not likely to be met by your having worked hard with your studies completed in the process. Are you currently in a relationship with anyone or are you still single, do you have any dependent? These factors may come to your aid but there is no guarantee that you will be granted leave to remain.
Here the merits of your application need to be assessed from the right answers to some pertinent questions;
- What basis do you have for your FLRFP application?
- Are you a current visa holder in the UK?
- If the above questions have answers in the affirmative, how long have you held the visa?
- Do you have dependents in the UK?
- Do you have good character?
These are crucial factors in understanding whether the Home Office can grant you leave outside of the set rules.
If you are the spouse of a Polish citizen living and working in the UK, your application can be made under the Immigration (European Economic Area) 2006 Regulations (EEA Regulations’). You need to put in an application for an EEA Family Permit to enter the United Kingdom. This sort of application to the Home Office is free of charge and if granted, you will have six months visa. Original evidence that you are officially married and that your spouse is working is one of the requirements. Upon entering the United Kingdom, you are at liberty to submit applications for a five year EEA Residence Card. Important to note that with the advent of Brexit, this position is likely to change.
Is your application submitted online or did you just send your husband the documentations for his consideration? It is possible to withdraw any pending spouse entry clearance application so that it will not be considered at all unless it is no more accessible. If that is not the case, you will need to write to the decision making post, informing them that you are no longer interested in sponsoring your spouse as you have some personal issues to resolve.
You need to be careful in your email so as not to dent your credibility as you talk about having some problem. We need to know whether those problems are currently being resolved or they are irretrievable ones. If they are the type that can be resolved in the future, it is best for your spouse to withdraw his application and that tacit mention of the grounds of this withdrawal should be offered. A re-application can be made once all the issues are resolved.
From the existing facts, family reunification is taken to mean a family permit which is based on European Regulations. If you are currently employed in the UK which is referred to as exercising treaty rights, it is possible for him to join you if it can be established that your relationship is genuine and that you are really working.
EEA family permits come with six months validity and allow entry. Later, he can apply for a 5 year residence card, at the end of which he will be eligible to tender application for permanent residence.
It is somewhat difficult to get a positive response with visa applications, the right to appeal has been limited and the burden has become higher. You can make a re-application but this may bring a second refusal if the facts are the same. With that said the reasons for refusal letter come to play. A detailed scrutiny may reveal that the decision may have been made incorrectly. If that happens to be the case, you may have the option of a re-application with evidenced correction of such mistakes.
Most individuals visiting the UK can only get the maximum period of six months stay. For People with multi-entry visitor visas for periods spanning beyond six months, it is stated in their guidance by the Home Office that they don’t operate a six in twelve month rule. What they state is that they want to prevent people making their homes in the United Kingdom through repeated visits. Which means that they follow such rules in practice.
When calculating how long a visitor can stay in the UK, our recommendation is to use the last one year up to the present time as your calculation period. It therefore becomes imperative that your mum does not stay beyond six months in the last one year period. If it comes to the notice of the immigration officer at the border that she is exceeding her time and is not a genuine visitor, her visa can be revoked.
Your girlfriend or partner need to exercise her treaty rights in making an application – what this means is that she needs to do one of the following.
- She needs to be self employed or working in paid employment.
- Self sufficiency is a necessity for her and she needs to have private medical insurance.
- She can be a student who has private medical insurance.
- Job seeker.
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If you are thinking of starting a business in the UK, or you are a graduate who has been identified as having an outstanding business idea that they wish to develop, consult our Tier 1 immigration specialists to receive full information about the possible routes to do this. Our Tier 1 Entrepreneur visa lawyers London are here to help.
Our Brexit & EU Immigration Lawyer London Services
Brexit is approaching and is affecting the social and political life of everyone in the UK and in Europe. EU Citizens Rights In UK After Brexit will also be greatly affected. EEA citizens living in the UK will have to determine their official status and apply for settled or pre-settled status. Settled status will be granted to EU nationals who have completed 5 years continuous residence in the UK by the 31 December 2020. You can contact Master Legal Services for advice and support regarding EEA Family Permits, EEA Permanent Residence Cards, EEA Registration Certificates.