Spouse/Marriage Visa and Family Visas
What do you need to know about Marriage Visas and Family Visas?
It is such an exciting time when you have met the one you love and you want to live together as husband and wife or civil partner.
We have help hundreds or couples of all different nationalities apply for a UK spouse visa or leave to remain from within the UK. We have seen many changes to legislation covering the spouse visa, so whether you are applying from with the UK or outside of the UK, contact us for legal advice today.
Legal guidance at a glance:
- Advise on your Rights
- Assessment of your Claim Free
- Assessment of Good Character
- Prepare documents in support of claim
- Prepare your Naturalisation Application
- Keep you informed of all developments
What is a Spouse Visa?
In simple terms, this is a visa/leave to remain; a nonresidence visa for “a married husband or wife or civil partner (same-sex).”
You must apply for this visa from your country before living with your British partner or settled partner in the United Kingdom.
Meeting the Financial Threshold, as required by law, and stated in The Statement of Changes to Immigration Rules.
The conditions of the Appendix FM, “Income Threshold,” can be read on your UK Immigration Summary Notes.
You can apply for the 2.5 years family route to the United Kingdom.
You can apply for the five years family route to the United Kingdom.
To receive legal representation if your partner has been refused a spouse visa call today on 01634 828288.
What does a Spouse Visa look like?
What does a Settlement Biometric Card look like?
What is a Marriage Visitor Visa?
Your partner must intend to marry or form a civil partnership, or to give notice of this, in the UK, which can be given except where you have a marriage visit visa endorsed for marriage or civil partnership, to the United Kingdom.
When applying for a marriage or civil partnership visit visa, you must satisfy the Home Office, that you meet the requirements stated in; V 4.2 – V 4.10.
On arrival in the UK on a marriage visit visa, coming to marry, or form a civil partnership, you will give notice of this in the UK.
You must have a valid marriage visit visa endorsed on your passport, and the name of the holder’s fiancé(e) or proposed civil partner, is usually stated on the permit.
Once married, you will be eligible to apply for leave to remain in the UK as a partner or where your civil partnership marriage has taken place in the UK.
If you have entered the UK as a visitor under a six months visit visa and marry in the UK, the general rule is that you must apply for entry clearance from your country of origin.
The conditions under the Marriage Visitor Visa can be read on the UK Immigration Summary Notes.
The success rate of Marriage Visas are very low; many stories are reported in the Guardian News :
Spouse/Marriage Visa and Family Visas FAQs
Yes, if you are over 18, Your partner must also either:
- be a British citizen
- have settled in the UK (they have ‘indefinite leave to remain’ or proof of permanent residence)
- have refugee status or humanitarian protection in the UK
You and your partner must intend to live together permanently in the UK after you apply.
If you’re already in the UK, your spouse (husband, wife or civil partner) or fiancé will need a visa to join you to live for over 6 months, this used to be called a marriage visa.
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.
Civil partnership status, a same-sex relationship, however, is not limited to those who enter into a British civil partnership in the UK or at one of the British Embassies abroad which conducts ceremonies. Applications can also be made based on certain overseas relationships which are recognised as being civil partnerships under British law. These relationships are listed in Schedule 20 of the Civil Partnership Act 2004 but a more detailed (unofficial) list can be found in Wikipedia’s Schedule 20 page. Even if a relationship does not appear in the current or future Schedule 20, it may be acceptable if it meets the general conditions in section 214 of the CPA.
If you are in an overseas relationship which has been recognised in the law of that country (or region of that country), you can check with the Home Office contact centre whether your relationship is considered equivalent to a UK civil partnership.
Although, because of a disability, you may be exempt from meeting the current income threshold, the sponsor will need to prove that they can adequately maintain the foreign spouse or partner they are bringing to the UK and any dependants. Where the UK partner is in receipt of any of the following in the UK, the applicant will meet the financial requirement so long as they can provide evidence of ‘adequate maintenance’ as opposed to meeting the financial threshold:
- Carer’s Allowance
- Disability Living Allowance
- Personal Independence Payment
- Severe Disablement Allowance
- Industrial Injuries Disablement Benefit
- Attendance Allowance
- Armed Forces Independence Payment
- Guaranteed Income Payment
- Constant Attendance Allowance, Mobility Supplement or War Disablement Pension
You must provide proof of receipt of this benefit in the form of:
(a) Official documentation from the Department for Work and Pensions or the Veterans Agency, that confirms current entitlement and the amount being received.
(b) A bank statement issued in the last 12-months prior to the application demonstrating payment of the benefit or allowance into the account.
It is not necessary to prove that the applicant meets the minimum financial threshold. However, you will be required to demonstrate that the applicant can be supported without recourse to further public funds.
Paragraph 6 of the Immigration Rules sets out the definition of ‘adequate’ and ‘adequately’ that must be applied in all cases in relation to a maintenance and accommodation requirement:
“Adequate” and “adequately” in relation to a maintenance and accommodation requirement shall mean that, after income tax, National Insurance contributions and housing costs have been deducted, there must be available to the family the level of income that would be available to them if the family was in receipt of Income Support.
To understand if you qualify for British Citizenship, you should contact us today on 01634 828288.
Family Members Applications
- spouse or partner
- fiancé, fiancée or proposed civil partner
- relative who’ll provide long-term care for you
No, you can sponsor if you have indefinite leave to remain. You can support the application of a person who is applying to come to the UK to visit or settle (they have ‘indefinite leave to remain’ or proof of permanent residence).
This form is to confirm that you will be responsible for the applicant’s maintenance, accommodation and care, without relying on public funds:
- for at least 5 years, if they are applying to settle
- throughout their stay in the UK, if they are applying to visit
Yes, On 1 February 2017, the EEA Regulations 2006 were revoked and replaced by the EEA Regulations 2016.
The changes to the public policy and public security provisions of the 2106 EEA Regulations require individuals to be removed under a time-limited deportation order (under public policy) rather than through an administrative removal if they:
- have entered into, attempted to enter into, or assisted another person to (attempt to) enter into a marriage of convenience
- have fraudulently obtained an EEA right to reside
There has therefore been a removal of sham marriage as an administrative removal category.
Unlike a decision to deport under Regulation 23(6)(b), a person who is administratively removed from the UK is not subject to a fixed bar on re-entry.
If the application is straightforward it may take 6 to 12 months.