The 2020 Spouse Visa Application to the UK is a very complicated process to complete if you are planning to settle in the UK as a spouse of a British or settled person. If granted entry to the UK, the spouse visa holder will have the right to live and work, with the additional right to apply for British Citizenship once completing the settling period of 5 years and then the additional 1 year settled status subject to meeting all the immigration legal requirements.
Not every spouse application is successful. Many are refused by the Home Office for several reasons; here are top 5 signs when you should seek legal representation for your Spouse Visa Application.
Hiring a Spouse Visas Lawyer is very expensive. My visa may get refused?
We can help reduce the charges by offering you a fixed based costing. Be proactive before your spouse application is refused, get your legalities in order, and cover all of your bases, by instructing us. The Home Office releases new processing fees at the start of every financial year. See the changes made by the New Home Office for immigration and nationality fees from 6 April 2020. Home Office fees are fixed at £1,523. Many are concerned that fees will rise after COVID19.
Here are some common worries about the “Financial Threshold”.
Financial Threshold must be met by the British sponsoring partner. Some sponsors may be exempt, the majority you must meet the financial requirement for a spouse to enter. The minimum income threshold it meets without dependent children is the gross annual income of at least £18,600. If your partner, unmarried partner, the civil partner or fiancee is applying, you need to understand Appendix FM.
Here some of the most common scenarios:
- You do not fully understand what factual documents must be supplied to meet the financial requirements?
- You are retired and living off saving, but cannot supply supporting evidence of saving because the saving is held in an offshore account, as the financial requirements under Appendix MF do not make sense?
- You are a company director and earn over the financial threshold, but only claim dividends, and the spouse application has been refused because you did not supply proof of earnings?
2. The Spouse Visa Law keeps changing; it’s confusing.
This is true, and we don’t expect you to understand every aspect of the legal requirements for a spouse visa, and you probably never need to read the law as you’re not a lawyer specialising in spouse visa immigration law.
Understanding Immigration law can be extremely confusing. There can be issues like; not giving a spouse expert lawyer like us all the information we need. This is so we can prepare your spouse application, assess the supporting documents and advise on information that does not clearly support your application in a positive light. Instructing us will allow you the satisfaction that as Spouse Visa Lawyers, we understand the law and will ensure your application meets the legal requirements. See New Statement of Changes in the Immigration Rules (HC 1154). On June 2019 – the 5-year route of Appendix FM cannot rely on; New Statement of Changes to the Immigration Rules (HC1534). Documents to be sent online. New Statement of Changes in the Immigration Rules (HC 290) on 20 July 2017. Other reliable financial resources. New Statement of Changes in the Immigration Rules (HC 667) on NOV 2016. English Language Test change. Financial Threshold amendments and many more that happen every year to a spouse, settlement, unknown to applicants.
Here some more common scenarios:
- I read I am exempt from the financial threshold and my spouse visa has been refused.
- I sent Bank statements but now have been told that they are incorrect ones
- I completed the wrong application and a visit visa have been approved, when I wanted a marriage visitor visa
- I have sat the wrong English Language test, but they all look the same.
3. The Spouse Application is very complicated.
We don’t expect you to know everything, hiring a Spouse visa lawyer allows you the chance to focus on your relationship. It’s difficult to understand the forms, in the last 5 years the process has changed at least 4 times, the type of application you submit is subject to where the applicant resides and there are additional factors to also take into consideration. As experts, we know how best to ensure that the facts of your case and UK Immigration laws are met.
Here some more common scenarios:
- I don’t have a valid passport, as a sponsor should I send what I have?
- I don’t know if I have my divorce certificate and have filed my spouse Application?
- I have completed a form several times and cannot make sense of my travel history or income?
- What if my spouse visa is refused and an appeal tribunal does not allow the appeal because of a badly prepared application.
4. This is your third attempt at a Spouse visa application, what’s going wrong?
Every case is different and has their own unique grounds that must be carefully assessed. It’s our role to ensure that procedures are followed. When you are applying for a spouse visa, marriage visit visa, there are certain rules and regulations you must observe. Even if you’re a great at research, as the applicant, there’s never enough time to go through all of these laws to ensure that you’re complying adequately with each one, you could miss vital information and be refused entry, hiring us takes away such risk.
Here some more common scenarios:
- You are working abroad and find the financial threshold is not met because of the difference in currency, do you know if to appeal against the refusal?
- You are on benefits and sure that you were exempt from meeting the financial threshold, but the application has been rejected, on the basis that you are not exempt?
- You are a returning resident and are confused about how many months of earning must you show to meet the earnings threshold?
- You have 2 incomes but only 1 P60, also you have supplied evidence of the earnings and cash payments but were refused spouse entry?
5. Don’t know how to meet the financial requirements during the COVID 19?
We understand that many of you will be worried about meeting the financial requirements. We will assess your financial circumstances carefully. You are not expected to understand how to explain or justify your financial circumstance applying the law and compelling circumstances your face. If you are a UK Sponsor who is employed in the UK during COVID 19, check to find out if you are eligible for support under the Coronavirus Job Retention Scheme. This is a government scheme that helps employers pay 80% of the wages of employees who would otherwise have been laid off due to COVID-19. If you have received support under this scheme, the support is not recognised as a public fund, so people who are here on a spouse/partner visa ought to consider applying for the scheme, which is not listed as a public benefit.
Self-employed Sponsors whose income has been affected by the COVID19 can also claim up to 80% of their income. This is subject to submitting your tax returns for the financial year-end 2018/19. See Small Business Bounce Back Loans. The good news is that the schemes put in place are not considered as public funds, therefore as sponsoring spouses/partners visa holders ought to apply urgently.
Thousands on UK Spouses will soon need to apply for further leave to remain and be faced with difficulties in meeting the financial threshold, hiring us may save you the cost of an appeal and litigation costs…
For advice and legal support call 01634 789223 to speak with Immigration Consultant Shabana Shahab today.