UK SPOUSE VISA PROCESS AND REQUIREMENTS,
The UK Immigration Rules allows spouses, same sex civil partners and de facto partners of British citizens and permanent residents (those who hold ILR) to obtain a UK settlement visa to live and work in the UK on a permanent basis. Non European nationals must apply for a UK spouse, marriage or partner visa, otherwise known as a UK Spouse Visa, for entry into the UK through a British Embassy, British High Commission or a Visa Application Centre that handles the visa assessing and issuing process in their place of normal and legal residence.
If the person you are sponsoring is already in the UK on a long term visa that is valid for more than six months such as a work permit, student or work visa, they may be eligible to apply for a UK spouse visa by making an application for further leave to remain from within the UK. They will not normally be required to leave the UK.
If your husband, wife or partner originally entered the UK on a UK fiancée (prospective marriage) visa and you married or registered the civil partnership within six months of obtaining the initial visa, you can then apply for a two and half year provisional spouse or partner visa from within the country. Under the new visa rules anyone applying for a UK Spouse / Marriage Visa is now given ,if they meet all these requirements, permission to live in the UK for 2 and a half years. After that time they can then apply to stay for a further 2 and a half years if they continue to meet the requirements. After 5 years, if they meet all the requirements for Indefinite Leave to Remain (ILR) they can apply for settlement which is also known as Permanent Residency. This allows them to remain in the UK for an indefinite period.
In order to qualify for a UK spouse / marriage or civil partner visa (Settlement), you and your foreign spouse/partner must meet the following basic legal requirements:
- To sponsor a non European national for a UK marriage visa, the sponsor must be either a British citizen, or lawful permanent resident of the UK permitted to remain in the UK indefinitely. To be considered a UK permanent resident, you must be permitted to live and work in the UK indefinitely without restrictions on your stay. The sponsors must hold British Citizenship status or Indefinite leave to remain (ILR) in the UK
- To qualify as a sponsor, you must demonstrate that you are present and settled in the UK or, if living overseas, expect to return to the UK to live before or at the same time as your spouse or partner arrives in the UK on a settlement category visa.
- You must be legally married or in a registered civil partnership, and your marriage or civil partnership must be valid under the laws of the country in which it took place and under UK law.
- De facto (unmarried) partners must be living together in a subsisting relationship for at least two years prior to the application for a settlement visa being submitted to the UK Border Agency (UKBA).
- You and your spouse or civil partner must be at least 18 years of age at the time of application for a UK spouse visa or civil partnership visa.
- You must have met your spouse or partner in person prior to applying for a UK visa
- Your relationship must be genuine and subsisting. You must satisfy the examining UK Visa Officer that you intend to live together after the UK settlement visa has been granted.
- One of the most important qualifying criteria and often common reasons for refusal is that you must be financially secure under the new rules and have adequate accommodation in place by the time your spouse or partner enters the UK on a settlement visa. You must satisfy the UK Border Agency that you have the ability to support your spouse / partnerand can afford to live in the UK with your family, including any dependents, without requiring any recourse or help of public funds.
- New Settlement Visa Rules effective from 9th July 2012 mean that to sponsor a foreign partner or spouse with no children the new minimum income threshold is £18,600. This increases to £22,400 if there is one child dependant, £24,800 for two children, £27,200 for three (£2,400 for each additional child involved in any UK settlement visa application). Sponsors are required to provide mandatory and strict forms of evidence to show that they meet the new financial requirements, unless they are exempt from this requirement under the new Financial Requirement.
We can help you get a UK Spouse Visa by allocating an Approved OISC Immigration Advisor who will manage your application from start to finish, ensuring that it’s done right the first time and providing you with a hassle free experience and affordable fixed fee service.
- Give you an assessment on the merits of your case
- Inform you of the legal requirements which you will have to meet for your application to be successful
- Explain how the legal requirements will be interpreted by the UK Border Agency
- Complete the application form on your behalf based on the information you give us
- Give you detailed advice about the supporting evidence that will need to be submitted along with your application
- Submit your application submit your application to the UK Border Agency either within the UK or at an overseas visa post (UK Embassy/High Commission/Consulate)
- We will present all evidence and with legal representations on your behalf. In the legal representations we will set out the particulars of your case and circumstances, details of the Immigration Rules under which you are asking for your application to be considered, and show how you meet the requirements of the law, or, if you do not meet the requirements, explain any compelling and compassionate circumstances and present your case in the best possible light to explain in legal terms why your application should be successful.
- Liaise with the appropriate authorities until a decision on your application is received
- Understanding the process of applying for a UK Spouse Visa can be worrying and confusing for many. But this is where we can help. Our advisors will take care of the whole application for you, so you don’t have to worry.
Why choose UKSpouseVisaHelp.com?
- A one-off fixed fee with no hidden charges and no hourly rates. The price you’re given is the price you pay which is GUARANTEED NOT to increase at any stage.
- UK Immigration Laws and Rules are always changing. Our Immigration Experts are ex UK Border Agency Officials and are up to date with ever changing UK Immigration rules ensuring you get the best advice and support
- UK Visa Applications made by individuals without the correct support or guidance have a very high refusal rate. Therefore, it is crucial to utilise the services of an Immigration professional that is authorised and regulated by the Office of the Immigration Services Commissioner (OISC).
- The Office of the Immigration Services Commissioner (OISC) is the United Kingdom regulator of the Immigration advice industry whose powers stem from the Immigration and Asylum Act 1999.
- This means that you can be assured that the advice we give and the services we offer meets their high standards.