UK Spouse Visa and Marriage Visa

A spouse travelling from a visa required country will require a Family visit visa and as a spouse, you must demonstrate that you are visiting a close relative or partner, otherwise, if you are refused entry. A spouse can visit their partner on a visit visa, and their stay must not exceed over 180 days, to be allowed future visits. However, if you are travelling from a non-visa required country, you must be in a position to satisfy the Immigration Authorities at UK Border-Control that you have the intention to overstay in the UK.

You cannot stay more than 180 days outside of the UK in any one consecutive year of your visa period. However, if you are on tour with your British Partner, the Home Office may still consider your settlement application, subject to evidence you supply justifying your absence from the UK for more than 180 days, please read my blog on “spouse time-lapse”.

Documents for the spouse visa must be originals or certified as true copies, to include Proof of Marriage, English Language Certificate, TB Medical Certificate, Financial Documents, Children’s Birth Certificates, Evidence of Communication, UK Accommodation. These documents must be sent to the UK Settlement Department to the Home Office, if you are applying from overseas, these are some of the main documents for the application, each is different and may require additional ones.

Status Solutions UK has an experienced spouse visa application OISC Advisor; available to prepare, submit your application and represent you at the Home Office. You are advised to take legal representation especially if your application has been refused before. Our fees are fixed and are between £160 to £2,000. Your fee will never be higher than fees agreed unless circumstances beyond your control or additional information come to light not disclosed at the point of instruction.

The income threshold is defined in Appendix FM X 2018 guidance notes, the calculation is subject to whether non-British children are to be included in the application, the starting figure the British Sponsor must meet is £18,600, evidenced in salary slips, bank statements, either for the last 6 months or 12 months depending which category you come under. Similar questions raised have been “How much do I need to earn to apply for a spouse visa? How much do I need to earn to apply for a spouse visa? How much do I need to earn to sponsor my spouse UK? Or What is the financial requirement for a spouse visa in the UK”?

If you are applying from your country of origin then you must apply using the Visa4UK, should you be eligible to apply from the UK, you must apply using the Gov.UK services, and send all your supporting documents to the Home Office. We have acted for clients that have been refused entry owing to the wrong or incomplete documents sent to the Home Office, or the wrong financial evidence if you have experienced a refusal, please do not hesitate to contact us for professional immigration legal advice today.

If you are living in the UK on the basis of a Spouse visa, you must hold a Biometric card which will display the date you were allowed to stay in the UK. The Biometric Card will also show the date your permission to live in the UK will end. You must submit an application to extend your stay in the UK no later than 28 days from when your permission is about to expire. If your permission to live in the UK has expired you must take legal advice urgently, to ensure that your rights to stay are protected under Article 8; the right to private family life. Similar questions raised are “How do I extend my spouse visa in the UK?” or “When can I apply for spouse visa extension UK? Can I extend my spouse visa in the UK? Or how long before the spouse visa expires can I renew my spouse visa in the UK?” my response will still be the same

Spouse visa extension documents include similar documents from the first application, using combined income from sponsor and applicant only from the UK, together with a new English Language certificate B2 and the Life in the UK Test Certificate. There are additional legal requirements relating to evidence that you both have lived together during the foreign spouses stay in the UK. Similar questions raised have been; “which documents do I need to extend my spouse visa in the  UK? Or What documents do I need to apply for a spouse visa in the UK? Or, what documents do I need for a spouse visa in the UK?

The Home Office can take any time from 30 days to 12 weeks to give a decision on a Spouse application. If you have been refused a spouse visa before, you should not pay for the superior service, as it is unlikely that you will be granted a decision within the priority service. The Home Office offers a Standard Service or a Priority Service, however, your supporting documents are assessed in the UK. The Home Office is likely to spend more time assessing documents and responses you have given to resolve the previous grounds of refusal.

Your Spouse visa refused on self-employed income is very common, you ought to consider taking legal advice if this has occurred with your application. Generally speaking, a Sponsor can supply income from self-employment.

This is income that you have paid income tax, with supporting bank statements showing that the income was received in your personal account. Spouse visa refused self-employed would mainly consist of lack of clarity on income in your account, no evidence on income received, business bank statements not originals, a discrepancy in figures relied upon, reliance on savings, and mainly a failure to explain how the income was generated. Seeking legal representation at the point of refusal if refused spouse visa on self-employed is recommended.

Spouse visa rejected due to salary slips is quite common, your sponsor must ensure that the salary slips are either originals or certified as “true copies of the original”. You may wish to supply more than 6 months’ payslips, depending upon the Sponsor’s employment history and terms of employment. Your sponsor may work on a zero-hour contract or may have an old contract which does not define hours of work or play! The Home Office will only assess the information supplied and not assume your pay of hours of work, you must ensure that the terms of your sponsor’s employment are defined to demonstrate his or her income. If you are unsure of the documents to be supplied seek legal guidance.

This is income that you have paid income tax, with supporting bank statements showing that the income was received in your personal account. Spouse visa refused self-employed would mainly consist of lack of clarity on income in your account, no evidence on income received, business bank statements not originals, a discrepancy in figures relied upon, reliance on savings, and mainly a failure to explain how the income was generated. Seeking legal representation at the point of refusal if refused spouse visa on self-employed is recommended.

You can marry in the UK as a foreign national, the law changed in 2017.

However, if your boyfriend has entered the UK as a visitor usually for a limited period of 6 months the Home Office will refuse your Marriage Leave to remain application. We can give your legal representation if your marriage visa or leave to remain has been refused, book a free consultation now.

1. (c) the requirements in paragraph E-ECC.2.3. being met.
2. In this paragraph, “child” means the applicant and any other dependent child of the applicant’s parent or the applicant’s parent’s partner who is-
   1. (a) under the age of 18 years, or who was under the age of 18 years when they were first granted entry under this route;
   2. (b) applying for entry clearance as a dependant of the applicant’s parent or of the applicant’s parent’s partner, or is in the UK with leave as their dependant;
   3. (c) not a British Citizen or settled in the UK; and
   4. (d) not an EEA national with a right to be admitted to or reside in the UK under the Immigration (European Economic Area) Regulations 2016.

A British citizen wanting to return home or living in the UK (with a spouse) must be able to prove an annual income of £18,600 or have cash savings of at least £62,500. Throw in a child and then the income threshold goes up by another £3,800. Additional children increase the figure by £2,400 each.

To understand if you qualify for British Citizenship, you should contact us today on 01634 789223.