UK Spouse Visa

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Spouse Visa or Spouse entry clearance allows a married partner residing outside the United Kingdom to immigrate and settle in the United Kingdom with their partner (Husband /Wife) having United Kingdom citizenship or those having a refugee status or indefinite leave to remain (ILR). You can apply for Spouse Visa even if you are a non-EU citizen, provided that you intend to live with your partner permanently as per the Home Office Immigration criteria.

Among all visa categories, Spouse entry clearance applications have some of the highest rejections. We here at dyson deal with spouse visa applications on a day-to-day basis. Our Spousal Visa Specialists will initially review your situation to see if you are eligible for a visa in this category and ask you to provide the relevant documents. Once all documents are gathered, we will prepare and submit your application according to the requirements of the Home Office to ensure that your visa application is successful.

In support of the Spouse Visa application, British Home Office generally requires that the sponsor and the partner have met each other at least once during their marriage. It is to prove that both have spent sufficient time together and that their relationship is genuinely authentic.

Feel free to consult our reputable team and seek legal help from the experts by staying in touch with us via 0203 500 1311.You can always drop us an email (enquiries@dysonsolicitors.com). With our high application success rate, our UK Spouse Visa experts thoroughly assist you to ensure that your visa application is not rejected by the Home Office, which is often the case if false/incomplete enquiriesrmation is provided on the Genuine relationship requirement. Furthermore, we can help you prepare an accurate set of evidence portfolios chronologically to make sure a successfully reliable application is submitted. So, you don’t have to face any hassle of getting a refusal and wait for months by preparing and submitting a fresh application or appealing your decision.

The sponsor and the partner can satisfy the financial needs from any of the following sources:

• Employment salary
• Self Employment
• Income from letting (if applicable)
• Savings (up to the value of £16,000); held by you and your partner for a minimum duration of 6 months

Please note that per dependent, the spouse visa income threshold (£18,600) will exceed in the following manner.

• £18,600; plus
• £3,800 for a first child (non- British, settled, or an EEA national); plus
• £2,400 for each additional child (Non- British, settled, or an EEA national)

Hence the financial threshold will increase to £22,400 if you have a child.
So, is there any room for flexibility that could rule out meeting the financial requirements?

Yes, there is! The sponsor might be exempt under certain circumstances, such as in the case of disability etc.

To find out more, contact our experienced lawyers on 0203 500 1311 during office hours; we are available Monday to Friday. You can always drop an email at (enquiries@dysonsolicitors.com). We would be more than happy to assist in your Spousal Visa application. Our legal advisory and Spouse visa specialist team could guide you further on the alternative means to ensure that your financial adequacy requirement gets fulfilled for subsequently launching a well-drafted Spouse Visa application.

In general, the following documents must be provided in support of your Partner Visa application:

• Evidence of ‘Genuine Relationship’ document
• Evidence of original/certified copy of Marriage Certificate
• Proof of English language proficiency
• Evidence of Financial income
• Proof of living arrangements/accommodation
• TB test for entry clearance (if applicable)
• Any other documents that can demonstrate that you and your partner are in a genuine relationship must also be provided.

Get detailed consultation from our expert Legal Professionals to assist you in preparing your Spouse visa application to ensure that you don’t miss out on any evidence that could help your application’s success. We are here to guide you legally to maximize your chances of a Spouse Visa. Call us on 0203 500 1311 or email us: (enquiries@dysonsolicitors.com). Our detailed advice and application Package (which includes Application preparation and representation) has optimized the chances of settlement in the UK through Spouse visa for our previous clients. You can be our next successful client.

An English language test is required by all applicants applying under Spouse visa 5-year route, unless exempt.

For entry clearance/leave to enter as a spouse or civil partner, the required Level is CEFR (Common European Framework of Reference for Language) level A1.

The English language requirement only applies to those applying as the main applicant under the rules listed above. It does not apply to dependents of such applicants.

For spouse visa extension (Further leave to remain), the applicants must fulfil CEFR level A2.

The applicants can fulfil the English language requirement in the following ways:

• Passing the required language test above CEFR level (As per Home Office policy revised in 2017).
• Be a national of majority English speaking country
• Have an academic qualification, e.g., Bachelor’s/Masters/Ph.D. degree, awarded either with the UK or outside the UK- duly approved by UK ENIC (previously called UK NARIC) confirming that the degree meets the English language requirement as per CEFR level

Exemption from the Language requirements:

• If the applicants are aged 65 or above at the date of application
• Have disability (mental/physical)
• Exceptional circumstances, i.e. have refugee status or humanitarian protection.

Failing to meet the English language requirement shall result in refusal of the spousal application under the Immigration rule: 5 year- route to settlement.
Be sure to contact the accredited Secure English Language Testing (SELT) provider center. The test can be taken at any approved centre. The applicants can make several attempts to pass the test, and there is no time frame ascribed by the UK Immigration rule as long as they provide evidence of successful test result at the time of application.

After the applicant is granted entry in the UK, applicants can live within the UK and then apply for the additional 30 months prior to the expiry of their leave. Once the applicant completes 5 years under this category, they may apply for Indefinite Leave to Remain (ILR) / Settlement. Given that you are still in a genuine and subsisting relationship with your partner.

Once the applicant (non-British spouse) is granted a Spousal Visa extension, they are eligible to stay for another 30 months. Applicants under this category can live, study, work without any restrictions.

The standard fee for the Spouse entry clearance visa in 2021 is £1523 with an Immigration Health surcharge of £1872 if you want to avail a priority premium service, the fee for this service is £573.00 on top of the standard application fee.

For in country Spouse visa extension or switch the application fee is currently £1033, the Immigration health surcharge is around £1560 and priority services are for £500-£800.

For settlement as a Spouse of a British citizen the standard application fee is £2389.00 there is no Immigration Health Surcharge for settlement applications and applicants can also avail the priority services for settlement applications.

Moreover, per UKVI criteria, you are required to pay Immigration Healthcare Surcharges which are approximately £1,000 (inside the UK), and £1,200 (outside the UK). Likewise, you are required to pay for the medical reports especially Tuberculosis test: £65-110, which are the same for both ‘in-country’ and ‘outside’ the UK spouse visa applicants.

Upon the UK Spouse visa expiry, your spouse can’t reside in the UK unless an in-time further application request for an extension or settlement (after extension) is made. Moreover, you must enquiriesrm the Home Office if in case you are splitting from your partner. It is also important that the applicant abides by the UK immigration rules while living in the UK to prevent any refusal on future Visa applications.

There could be multiple reasons that could lead to the refusal of your UK Spouse Visa application, i.e., misenquiriesrmation, incomplete evidence, error etc. However, the most common grounds of Spouse Visa rejections are generally due to inadequate enquiriesrmation. Nevertheless, you can still appeal Spouse Visa Refusal provided you have concrete grounds to support your application. Failing to do so, you might have to reapply with a fresh application.

You can appeal yourself or can request a legal representative to prepare the grounds and represent the case on your behalf at the Court. The judge can then decide whether to allow your appeal or dismiss it based on the evidence and grounds.

Please bear in mind that your appeal is unlikely to succeed if the mistake is solely made by you. For instance, lack of mandatory documents etc., may result in dismissal. Ideally, your immigration lawyer would recommend you to fresh start your Spouse visa application to assure that you have substantial evidence and documents for a successful application.

Our immigration appeal specialist can help you in preparing detailed grounds of appeal with sound evidence. Approach us on 0203 500 1311 .We will discuss the case with you and assign you a qualified Immigration Lawyer who could address and thoroughly review your case and any missing evidence affecting your Spouse visa application. Once we examine your situation, we will work with you and guide you regarding additional supporting evidence. If you want to discuss your refusal in detail, we can book an advice session for you. Our legal team will assess your eligibility and evidence provided during the session and guide you for the best possible option, i.e. either for appealing your decision or reapplying with further evidence. Over the past years, we have ensured that our clients (5000+ Clients) don’t face any potential risk of refusal by keeping a good track record of successful Spouse Visa applications from the start of the application until the Home office makes the final decision.

Yes, you can! But only after completion of your 5 years under the Spouse visa category. Once you are granted Indefinite Leave to remain you can apply for your British citizenship.

Keep in mind, in addition to the afore-stated requirements, you should be able to satisfy the following additional requirements of the Home office category when applying for ILR application:

• A consistent proof of genuine and subsisting relationship—since you are under the Spouse Visa category, it is a prerequisite to continue to provide the evidence that you and your couple are bound to reside together permanently within the UK i.e. for continuous 5- years with regards to the Spouse Visa extension status.
• Meet the Financial and accommodation requirement.
• An advanced level English (Level B1) to satisfy the English Language requirement.
• A ‘Life in the UK test’ pass certificate.

The ILR application processing time can be accelerated to receiving a decision within one working day (24 hours) through super priority service (subject to charges).