Securing a Spouse Visa and Child Dependent Extension for a US National in the UK

Summary
We represented a client, a US national married to a British citizen, in successfully extending both their spouse visa and their child’s dependent visa. The application ensured the family could continue living together in the UK while working towards meeting the five-year residence requirement for settlement.

Background

Our client had entered the UK on a fiancée visa, married their British partner, and subsequently obtained leave to remain as a spouse. The client’s daughter also joined the family in the UK as a child dependent.

The client’s spouse was in full-time employment, earning above the minimum income threshold required under the Immigration Rules, and the family had secure, suitable accommodation. As the initial period of leave was due to expire, the client wished to apply for an extension of both their own spouse visa and their child’s dependent visa to progress towards settlement.

Challenges

• Meeting all Appendix FM requirements for a spouse visa extension, including the financial, accommodation, and relationship criteria.
• Ensuring the child dependent’s application satisfied all eligibility rules, including dependency, age, and parental responsibility requirements.
• Coordinating both applications to ensure continuity of lawful status for the entire family.

Our Approach

We provided tailored advice on the relevant Immigration Rules, ensuring the applications were comprehensive and supported by all required evidence.

Our work included:

• Confirming eligibility under the financial requirement based on the British spouse’s employment, exceeding the £29,000 annual gross threshold.
• Collating evidence of adequate accommodation owned by the UK sponsor, meeting statutory overcrowding and public health standards.
• Demonstrating a genuine and subsisting relationship through marriage documentation and cohabitation evidence.
• Preparing the child dependent application to confirm age, dependency, and continuous care by both parents.
• Drafting a detailed legal representation letter addressing each requirement under the Immigration Rules to minimise risk of refusal.

Outcome

Both the spouse visa extension and the child dependent visa extension were granted, allowing the family to continue living together in the UK without interruption. The successful applications ensure the family remains on track to meet the five-year residence requirement for settlement.

Key Legal Takeaways

• Meeting the financial threshold through the UK sponsor’s employment can streamline a spouse visa application.
• Adequate accommodation evidence is essential to avoid refusals on public health or overcrowding grounds.

Coordinating dependent applications with the main applicant’s extension ensures continuity of lawful residence for the whole family.

Contact us today to see how our Spouse Visa Solicitors can help you.

To discuss your planned Spouse Visa and any legal questions, we can talk with you at our offices, over the phone or online via Web Conferencing such as Zoom or Skype. To get the expert legal advice you need, contact our spouse visa solicitors in London.