The best way to get a UK Spouse Visa
When it comes to your loved ones, you want the best. It is no different if you need a spouse visa in order to reunite with your husband, wife or civil partner.
It is a frustrating fact that if a UK citizen or a person who has Indefinite Leave to Remain in the UK marries a non-EEA citizen then they will need to apply for a spouse visa to enter and remain in the UK. A spouse or marriage visa enables a partner to come to the UK to live and, if they chose to do so, to study or work. That bit of paperwork makes all the difference to whether you can live together or not.
How can OTS Solicitors help?
OTS Solicitors recognise there are hundreds of Immigration solicitors who profess expertise in securing Spouse Visas. What makes OTS Solicitors stand out from the crowd? Not only is OTS Solicitors a Legal 500 recommended law firm, but our Immigration solicitors will not see you as just another visa applicant. They will use their vast Immigration law expertise combined with a commitment to excellent client service to make sure your experience of instructing an Immigration solicitor is the best it can be.
If you would like to have a chat about how OTS Solicitors can help you secure a spouse visa, then call us on 0203 959 9123 or contact us online.
When is it best to make a spouse visa application?
top London immigration solicitors say that many spouse visa applicants do not always realise that they can chose whether to make a spouse visa application from their home country or, in some situations, they can make their spouse visa application whilst they are living in the UK.
If a non-EEA citizen is living in the UK on a visa then provided that:
• The visa is not a visit visa; and
• The visa length is longer than six months
they can make an application for a spouse visa from within the UK.
If the criteria are not met then you will need to leave the UK and make the application for a spouse visa from outside the UK in the country where you normally reside. If you are in the UK, the best option is to get legal advice on your Immigration status, your eligibility criteria for a spouse visa and any visa alternatives.
Making a UK spouse visa application
Applications for a UK spouse visa are submitted online to the Home Office. top London immigration solicitors know that if you are desperate to be reunited with your family the temptation can be to rush an application. It is however vital that you use the correct application for your circumstances and understand the spouse visa eligibility criteria. The best way to achieve success with a spouse visa application is to take expert legal advice as a specialist Immigration solicitor can ensure the paperwork is completed correctly and submit all the necessary supporting documents with your application.
What documents are needed for a UK spouse visa application?
To apply for a UK spouse visa application you will need to show the Home Office that:
• Your husband, wife or civil partner is a British citizen or has Indefinite Leave to Remain in the UK; and
• You are both over the age of eighteen; and
• You are legally married or in a civil partnership;
• You have met your spouse or civil partner in person – in other words it is not a long-distance proxy marriage; and
• The relationship is genuine; and
• You intend to live permanently with your spouse or civil partner; and
• If you or your spouse has been in a prior relationship the previous relationship/s have permanently broken down; and
• You have adequate accommodation for yourself and any dependents; and
• You speak and understand English to the required level; and
• You can be adequately maintained without recourse to public funds.
To make sure you have the best chance of success in getting a spouse visa it is essential that the right amount of supporting paperwork is supplied with your spouse visa application.
The financial criteria for a spouse visa
top London immigration solicitors are asked many questions about the financial criteria for a spouse visa. To families it does not seem fair that their ability to reunite and live together in the UK can come down to money and meeting the spouse visa financial criteria.
To meet the financial requirement, you will need to:
• Have an income of at least £18,600 a year (the income figure is higher if you have children who are not British citizens or EEA nationals). Income can be generated through salary or self-Employment, property rental, pension or a combination of sources. If your income is not straightforward it is best to take legal advice on whether you will meet the financial criteria and about the evidence you will need to supply with the application; or
• Have savings of at least £62,500 (additional savings are needed if you have children who are not British citizens or EEA nationals).
If you do not meet the minimum income or savings requirement, then if there are exceptional circumstances which could render refusal of the spouse visa application a breach of Human Rights then the Home Office can exercise discretion and take into account other forms of financial support (for example, third party funding or a prospective income).
Even if the financial criteria cannot be met from other income sources, Home Office officials should consider if there are exceptional circumstances that would render refusal of the application a breach of Human Rights because it would result in unjustifiably harsh consequences for the applicant or their family.
spouse visa application paperwork
The amount of supporting documents will depend on your circumstances and the complexity of your application. To avoid rising a spouse visa refusal and either appealing the decision or making a fresh application, it is best to take legal advice on the extent of the paperwork that will help your application.
spouse visa refusal
If you have submitted a spouse visa application and it has been refused then do not despair. There is a right of appeal. If your spouse visa application is rejected you can make a Human Rights based appeal to the First-tier Tribunal (Immigration and Asylum Chamber) in the UK.
If you are thinking about appealing a decision to refuse a spouse visa then it is important to get expert legal advice and tribunal representation from a UK Immigration solicitor to ensure that your appeal stands the best prospects of success.
The best way to get a UK spouse visa
So what is the best way to get a UK spouse visa? top London immigration solicitors say that preparation is key. In a nutshell, you should not rely on standard checklists of what paperwork to submit in support of your application or make assumptions that a Home Office official will know, for example, that your relationship is genuine. The best and simplest way to get a UK spouse visa is to get an expert in spouse visa applications to prepare your application for you and give advice on exactly what documents you should supply. That is because they know what information and paperwork is key to a successful spouse visa application.
How can OTS Solicitors help?
OTS Solicitors are Legal 500 recommended Immigration solicitors who featured in the BBC series “Who should get to stay in the UK?”. OTS Solicitors are Immigration experts and like to think that when it comes to Spouse Visas our specialist approachable solicitors provide the best help to secure your visa.