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Visas For Partners And Family Members

Visas For Partners And Family Members

 

Spousal/Civil Partner/Unmarried Partner visa

 

Non-EEA nationals may enter and remain in the UK if they are married to a person with British citizenship or those in the UK with settled status.

 

What are the requirements for a spousal visa?

 

  • Both parties in the marriage must be aged 18 or over at time of application;
  • The marriage or civil partnership must be legally binding;
  • The parties must intend to live together in adequate accommodation;
  • The spouse or civil partner in the UK must earn at least £18,600 or have sufficient savings to support both parties, without the need to claim public benefits – if there are children or dependants in the marriage, then the minimum financial requirement will be greater;
  • The Applicant must also satisfy the English Language Requirement.

 

What if I am in a civil partnership?

 

If you are the civil partner of a British citizen and wish to obtain a civil partnership visa, you will be required to meet the same requirements as you would for a Spousal visa.

 

What if I am an unmarried partner?

 

If you are an unmarried partner you will be required to show that you have lived with your partner for at least 2 years, either in the UK or abroad, and you will need to meet the same requirements stated above.

 

Fiancé(e) or proposed civil partner visa

 

If you wish to come to the UK for the purpose of getting married, you may be able to apply for a fiancé(e) or proposed civil partner visa. Such a visa can be granted if you intend to get married within the 6-month duration of the visa.

 

  • Both parties in the marriage-to-be must be aged 18 or over at time of application;
  • Any previous relationships of either party must have ended;
  • The parties must intend to live together in adequate accommodation;
  • The spouse must earn at least £18,600 or have sufficient savings to support both parties, without recourse to public funds – if there are children or dependants in the marriage, then the minimum financial requirement will be greater;
  • The visa applicant must also satisfy the English Language Requirements.

 

We can assist with entry clearance applications, premium same-day appointments, appeals and marriage visitor visa applications.

 

How do I make a spouse/unmarried partner/ civil partner application?

 

The immigration rules and guidance in relation to making an application can be very complex and daunting not to mention ever changing. The most common reasons for refusal include misunderstanding the rules, failing to include the correct supporting documents in the format required and often obtaining inaccurate advice leading to a rejection.

 

As a regulated law firm, with a leading immigration team recognised by the Legal 500 and Chambers, all work is undertaken by experience professionals. We will ensure that your application is thoroughly prepared in accordance with the latest rules, with the correct supporting documents and vetted carefully before final submission to the immigration authorities.

 

If you are thinking of making an application or would like to discuss the requirements, please contact us today on +44(0)203 114 1198 or e-mail us at privateimmigration@duncanlewis.com.

 

What if my visa application is refused?

 

The Immigration Act 2014 has had a significant impact on the right of appeal if your application has been refused.

 

Most spousal/civil partner//unmarried partner visas will attract a full right of appeal on refusal. However, It can be a difficult decision to make on whether to appeal against a decision or submit a fresh application and this will often depend on the reasons for refusal.

 

We understand the anxiety and frustration caused on receiving a rejection of your visa application. We can be on hand to assist at this crucial time and have a wealth of experience in assisting with immigration appeals, from drafting grounds of appeal to preparing for a full hearing with representation.

 

If your UK spouse, civil partner or unmarried partner visa application is refused with no right to appeal, we can assist by way of Judicial Review. At Duncan Lewis Solicitors, we are experts at challenging the Home Office through Judicial Review. Our team of UK immigration solicitors are highly experienced with making Judicial Review claims against the UK Home Office.

 

For a free initial consultation over the telephone with one of our expert UK immigration lawyers, call us today on +44(0)203 114 1198 or e-mail us at privateimmigration@duncanlewis.com.

 

What if you cannot meet the financial requirement?

 

We understand that there some couples and families that are on low income and are not able to meet the financial threshold (income of £18,600). You may be exempt from meeting the financial requirement if you are in receipt of certain benefits.

 

However, there are some couples and families who do not meet the financial threshold who may still be able to apply for their spouse, fiancé, civil partner or unmarried partner to enter the UK. The Home Office updated their policy relating to the minimum financial threshold of £18,600 to include the following:

 

  • Other sources of income will be considered to meet the Minimum Income Rule in certain circumstances;
  • Where other sources of income are relied upon the applicant, partner and any children, will be granted leave on a 10-year route to settlement as opposed to the 5-year route to settlement;
  • Article 8 assessment where any provisions of the rules are not met and there would be “unjustifiably harsh consequences” if the applicant is refused entry to the UK;
  • To give Appendix FM the cover of being compliant with section 55 of the Borders, Citizenship and Immigration Act 2009 – best interest of the child;
  • To allow for recourse to public funds in certain circumstances.

 

Child and adult dependents

 

If you are a British national or are settled in the UK, any children or adults who depend upon you may be able to come to the UK to live with you. These applications must be made from outside the UK.

 

Children

 

To be considered for this visa, a child must be:

 

  • Under 18;
  • Unmarried and not in a civil partnership;
  • Be coming to the UK to join their parents one of which must be a British Citizen or settled.

 

Our team will be able to assess your personal circumstances and advise you on your child’s eligibility for this visa.

 

Adopted Children

 

Bringing adopted children into the UK requires you to prove that, in addition to the above, you have full and genuine parental responsibility. One of our immigration fee earners will be able to advise you on how to meet these requirements.

 

Adult Dependent Relatives

 

You will be able to apply for an Adult dependent relative visa if you:

 

  • Are 18 years of age or over;
  • Are a parent, grandparent, sibling, son or daughter of a British national or of someone who is settled in the UK;
  • You require long term help performing everyday tasks – such as washing, cooking and generally looking after yourself;
  • You have physical and/or mental health disabilities;
  • The support you require is either not available in your country of residence or affordable;
  • Your UK based relative on whom you depend is able to support you financially without relying on government benefits.

 

How do I make a dependant relative application?

 

The immigration rules and guidance in relation to making an application can be very complex and daunting not to mention ever changing. The most common reasons for refusal include misunderstanding the rules, failing to include the correct supporting documents in the format required and often obtaining inaccurate advice leading to a rejection.

 

As a regulated law firm, with a leading immigration team recognised by the Legal 500 and Chambers, all work is undertaken by experience professionals. We will ensure that your application is thoroughly prepared in accordance with the latest rules, with the correct supporting documents and vetted carefully before final submission to the immigration authorities.

 

Once your visa has been granted, we will be able to provide further information on what will happen on your arrival in the UK.

 

If you think you or your dependent relative might be eligible for this visa, you can contact a member of our immigration team for further advice or to start the visa application process today on +44(0)203 114 1198 or e-mail us at privateimmigration@duncanlewis.com

 

What if my visa application is refused?

 

The Immigration Act 2014 has had a significant impact on the right of appeal if your application has been refused.

 

Most dependant relative visas will attract a full right of appeal on refusal. However, it can be a difficult decision to make on whether to appeal against a decision or submit a fresh application and this will often depend on the reasons for refusal.

 

We understand the anxiety and frustration caused on receiving a rejection of your visa application. We can be on hand to assist at this crucial time, with a wealth of experience in assisting with immigration appeals, from drafting grounds of appeal to preparing for a full hearing with representation.

 

If your UK child dependent or adult dependent visa application is refused with no right to appeal, we can assist by way of Judicial Review. At Duncan Lewis Solicitors, we are experts at challenging the Home Office through Judicial Review. Our team of UK immigration solicitors are highly experienced with making Judicial Review claims against the UK Home Office.

 

For a free initial consultation over the telephone with one of our expert UK immigration lawyers, call us today on +44(0)203 114 1198 or e-mail us at privateimmigration@duncanlewis.com.

 

Family Reunion: Family members of refugees or those who hold humanitarian protection

 

If your asylum case is successful and the Home Office has granted you refugee status or humanitarian protection you may be eligible to make an application for your family member(s) to be granted leave in line with your status in the UK.

 

Who is eligible to apply?

 

You must be a family a member of a person who has been granted refugee status or humanitarian protection in the UK and you were part of their family unit prior to them fleeing their country of nationality or country of habitual residence. A family member is defined as follows:

Spouse/civil partner/unmarried partner

 

Your partner is someone you are in a genuine relationship with. You must be able to prove one of the following:

 

  • You are married and the marriage took place before you fled your country
  • You are in a civil partnership and this took place before you fled your country
  • You are not married or in a civil partnership but have lived with your partner (akin to a marriage or civil partnership) for a period of least 2 years before you fled your country.

 

Children

 

  • Under the age of 18 and born before you fled your country
  • Going to live with you and your partner in the UK
  • Your child is not married or in a civil partnership or leading an independent life

 

Children who are 18 years of age or more may still be able to enter the UK or be granted leave to remain under exceptional or compassionate circumstances.

 

How do I make an application for family reunion?

 

An application for family reunion can be made by the application abroad or in the UK. The immigration rules and guidance in relation to making an application for family reunion can be very complex and daunting not to mention ever changing. The most common reasons for refusal include misunderstanding the rules, failing to include the correct supporting documents in the format required and often obtaining inaccurate advice leading to a rejection.

 

As a regulated law firm, with a leading immigration team recognised by the Legal 500 and Chambers all work is undertaken by experience professionals. We will ensure that your application is thoroughly prepared in accordance with the latest rules, with the correct supporting documents and vetted carefully before final submission to the immigration authorities.

 

If you are thinking of making an application or would like to discuss the requirements, please contact us today on +44(0)203 114 1198 or e-mail us at privateimmigration@duncanlewis.com.

 

What if my visa application is refused?

 

The Immigration Act 2014 has had a significant impact on the right of appeal if your application has been refused.

 

Most applications for family reunion will attract a full right of appeal on refusal. However, it can be a difficult decision to make on whether to appeal against a decision or submit a fresh application and this will often depend on the reasons for refusal.

 

We understand the anxiety and frustration caused on receiving a rejection of your visa application. We can be on hand to assist at this crucial time and have a wealth of experience in assisting with immigration appeals, from drafting grounds of appeal to preparing for a full hearing with representation.

 

If your application for family reunion visa application is refused with no right to appeal, we can assist by way of Judicial Review. At Duncan Lewis Solicitors, we are experts at challenging the Home Office through Judicial Review. Our team of UK immigration solicitors are highly experienced with making Judicial Review claims against the UK Home Office.

 

For a free initial consultation over the telephone with one of our expert UK immigration lawyers, call us today on +44(0)203 114 1198 or e-mail us at privateimmigration@duncanlewis.com.


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