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Immigration Solicitors

Settling in the UK with your Spouse or a Family Member (23 June 2015)

Date: 23/06/2015
Duncan Lewis, Immigration Solicitors, Settling in the UK with your Spouse or a Family Member

If you are a Non-EU national and wish to enter or remain in the UK with your respective husband or wife with British citizenship, or another family member, you will need to go through the route of obtaining a “family of a settled person” visa.

A “family of a settled person” visa is suitable for people wishing to stay in the UK with a spouse or a family member. If the person or people you wish to join in the UK has British Citizenship you may be able to join them in the UK via a “family of a settled person” visa if you are;

• Already in the UK
or
• From outside the European Economic Area (EEA) and Switzerland.

The person or people you wish to join must;

• Be a British citizen
• Have settled in the UK
• Be your partner, who has asylum or humanitarian protection in the UK
• You will also need to satisfy the eligibility criteria before making your visa application.

Eligibility for a “family of a settled person” visa

To meet the eligibility criteria of a “family of a settled person” visa you will need to satisfy a number of requirements. These requirements relate to a number of factors taking both you and your spouse or family member into consideration, including your personal relationship, financial requirements and your future prospects.

The requirements are as follows;

• You and your spouse/ partner must have met each other, be legally married to each other and plan to live - together;
• Your spouse/ partner must satisfy the minimum income threshold requirement of £18,600 for sponsoring the settlement in the UK of a spouse or partner, or fiancé(e) or proposed civil partner of non-European Economic - Area (EEA) nationality, with a higher threshold for any children also sponsored; £22,400 for one child and an additional £2,400 for each further child (Any of the stated income can be from the applicant and sponsor’s total income);
• You and your spouse/partner must be able to accommodate yourself and your dependants entirely without recourse to public funds;
• You and your partner must be able to communicate in English and be able to present an English language and listening qualification at a minimum A1 level or above of the Common European Framework of Reference for - - - - Languages unless you are exempt.

You may also be able to apply to remain with your child if they’ve lived in the UK for at least 7 years.

Exceptions

In some cases an individual may be an exception to these requirements. In the event of being an exception to the above requirements, you will need to contact an immigration solicitor and discuss different methods of application. You may be an exception if any of the following apply to you;

• You are outside the UK
• Your partner’s from the EEA or Switzerland
• Your partner originally had a temporary visa as a worker
• You’re the victim of domestic violence or your partner has died
• You applied for a ‘family of a settled person’ visa before 9 July 2012
• You want to reunite with a partner or parent who has asylum or humanitarian protection in the UK.

The process of obtaining your “family of a settled person” visa
One you have sent your postal application for your “family of a settled person” visa a decision will be made by the Home Office with 8 weeks or if you use the premium service your decision wil usually be made on the same day.

If in the event that your application is complex and will take longer you will contacted. Factors that can contribute to a complex application include;

• Your supporting documents needing to be verified
• If you need to attend an interview
• Because of your personal circumstances, eg if you have a criminal conviction.

Once you are in the UK on a “family of a settled person” visa

If your application is accepted you will be able to join your spouse or family member in the UK. Your visa will be granted initially for a five year period, following which you can eventually apply for Indefinite Leave to Remain in the UK (ILR) and British nationality. With a “family of a settled person” visa you may bring your dependants (for example, your children) with you to the UK, granted that you are able to support them for the entire duration of your time in the UK. You will also be able to take up employment in the UK without the need to arrange a work permit as soon as the document is granted. With a UK “family of a settled person” visa there are no restrictions upon the type of work that can be undertaken.

Contact Duncan Lewis Immigration Solicitors to apply for your “family of a settled person” visa today

Duncan Lewis is one of the UK’s leading immigration solicitors and can advise migrants from the EU and from non-EU countries on a wide range of UK immigration matters, including:


• Asylum in the UK and asylum appeals

• British citizenship

• Entrepreneur visas

• Fast-track detention process

• Five-year work permits

• Housing Benefit

• Illegal entry to the UK

• Marriage in the UK

• Student visas

• Visa overstays.

For expert legal advice on UK immigration law, call Duncan Lewis immigration solicitors on 0203 114 1198.







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