The structure of UK immigration legislation is shifting beneath our very feet.
This turbulent environment encompasses a whole manner of uncertainties for those who have loved ones residing the West. This apprehension may be amplified by the ambiguity of a cross-continent relationship, where those from countries outside of the EEA (European Economic Area) are progressively susceptible to Visa issues.
Although the current situation isn’t ideal and the stakes are high in terms of attaining your UK Spouse Visa, it is certainly not off-limits to become settled in the UK alongside your partner. The UK’s catalyst for Immigration law, The Immigration Advice Service, have debunked some common assumptions and provided some comprehension in Spouse Visas in the UK.
Seek Legal Representation
The common assumption that applicants can independently complete this high-stake Spouse Visa process successfully without expert guidance, too frequently results in a refused application. There is a lot to digest on the road to securing a UK Spouse Visa (including strict deadlines and personal considerations), so consulting the leading UK immigration specialists for consultation and representation could ensure that the transition is smooth and you are ticking every box. With the IAS’s impeccable record, they are the go-to immigration specialists at a time where changes are immanent the UK.
Your Partner’s Financial Position
At the beginning of 2017, the UK government introduced an increase in the minimum income threshold of the sponsor partner required for their partner’s entry into the UK. Not only has this changed the amount required but also tests the methods of financing such as the sustainability of continued financial support. The current annual financial requirement is £18600 and more if a child is involved – £22400 and increases by £2400 for each additional child. The UK Government put these in place to ensure families are self-sufficient without heavy reliance on the UK tax payer, but has been criticised as counter-productive and often unfair to those with high skills from poorer backgrounds.
By the off chance that you match one of the few circumstances from which you can avoid the financial requirements of the UK Spouse or Temporary Visa, you or your partner may not need to fulfil the financial requirements. You may be surprised by the array of exemptions out there such as being a certain nationality, being a carer or having a disability.
How long the Spouse Visa lasts
Typically, the Visa lasts for 33 months. The spectrum of Visas available in the UK following this time period is best left to the experts to consult, but once you have lived with your spouse for 5 years in the UK, you may be eligible to apply for a naturalisation for permanent residency.
Proving your relationship
A precarious but vital step in the pursuit of a Spouse Visa is proving the extent of your commitment to your partner. Utilising this Visa to build up evidence of your continued relationship and allow yourself to gain sustainable employment is one way of providing such evidence to the Home Office.
I’ve been refused, what now?
A spouse visa rejection cannot be put under an administrative Visa review, instead your only option is the appeal process. For a rejected Spouse Visa, you may be able to get a hearing if the refusal of your spouse visa threatens your right to a private life covered in the Human Rights act. If you are successful the Home Office will review their decision and most likely grant you the Spouse Visa. If this is not the case then it’s possible to bring the case to the Upper Tribunal who takes care of appeals against decisions made by the First-tier Tribunal (Immigration and Asylum).