Spouse - Immigration Consultants

Spouse

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The UK Spouse Visa also referred to as the UK Marriage visa allows foreign nationals to settle in the UK with their settled Husband, Wife or Civil Partner. If they are not married or in a civil partnership, they may apply for a  instead. A settled person is someone who either has  or permanent residency in the UK

Before applying for a British Spouse visa you must read the following useful information;

Applications submitted on or before 8th July 2012:
If the application for a UK Marriage visa was submitted on or before the 8th of July 2012 the application will be considered if both the applicant and their sponsor i.e. husband, wife or civil partner were at least 18 years of age. Under this category of UK Visa, the applicant and/or their partner must also provide evidence that they are financially secure and have adequate accommodation.

Upon approval of the application, the applicant will usually be given entry clearance or leave to remain for up to 27 months. On completion of this period the applicant may apply for settlement also known as  application.

The applicant may include dependent children under the age of 18 on their application. The child may apply for .a British passport under the British Nationality Act of 1981.

Applications submitted on or after 9th July 2012:
The UK government implemented some changes to the UK Spouse visa application on the 9th of July 2012. As per the new legislation for their application to be considered for the UK visa the applicant and their spouse must be 18 years or older . If the application is successful, the applicant will usually be given an initial visa for a period of 30 months if they are applying for further leave to remain from within the UK or 33 months if they are applying for entry clearance from outside of the UK.

Upon completion of this initial period the applicant will need to apply for an extension to their visa. They must provide evidence to demonstrate the genuineness and sustainability of their marriage. If successful, they will be granted with an extension of 30 months from within the UK. Once they complete a continuous period of five years in the UK they may apply forin the UK.

The applicant may include dependent children under the age of 18 on their application. The child may apply for .a British passport under the British Nationality Act of 1981.

Maintenance Requirement:
Applicants applying under the new rules as off 9th July 2012 will need to provide evidence of maintenance requirement. The applicant or their settled UK partner must support the application with evidence that they can cover their living expenses without recourse to public funds for:

27 months, if applying from outside the UK; or
2 years, if already in the UK and applying to switch from a different immigration category.

Apart from the maintenance requirement, applicants will also need to meet other financial requirements. They must provide evidence that they have an income of at least £18,600. If they have one child dependent this amount will increase to £22,400. For any additional child dependents they will need to show availability of a further £2,400. They can meet the financial requirement by:

income from employment or self employment of your themselves or their spouse/partner;
certain income from sources other than employment, such as rent from property;
state or private pensions of the applicant and/or their sponsor;
cash savings over a certain level

Age Eligibility criteria of UK Marriage Visa (Spouse Visa)
To qualify for a UK Marriage Visa, a prospective applicant must meet certain mandatory conditions pertaining to age and relationship status as mentioned above.

English Language Requirements;
As of the 29 November 2010 applicants applying for a UK spouse visa will be required to show that they have the required level of English to successfully integrate into the UK society. The new requirements will mean that marrying or married couples will be required to show that they can speak and understand basic English. This requirement is also applicable to those applying for fianc visas as well as those applying for a UK visa as a same-sex couple. The following may be used as evidence;

they are a national of the European Economic Area and Switzerland
they are a national of a majority English Speaking Country
they have passed an approved English Language test
they hold a bachelors degree (or equiv.) that was taught in English

Benefits of UK marriage Visa
The UK Marriage Visa or Spouse Visa allows a non-EU individual to move to the UK and live with their UK settled partner. In order to have a successful outcome of the application all the immigration rules outlined for The UK Marriage Visa must be met. Applicants must make sure that all the relevant sections of the correct UK Spouse Visa application form are filled as applications may often be rejected due to many very small mistakes or grounds.

Once the application is approved, the applicant can stay and work in the UK without the need for applying for a UK work permit. There are no restrictions on the type of employment undertaken by a Spouse Visa holder.

Other important clauses one must take into consideration for a UK marriage visa are:
Providing false information, forged documents or if any condition remains unfulfilled, Marriage Visa applications will be rejected immediately.

Dependents of the applicant are also permitted entry in to the UK under this visa category.

What to do next?
To secure a UK Spouse Visa you must make the correct application and support it with the correct evidence. In recent years many applications have been refused over very small errors made during the application. This may effect your future applications. To avoid such unnecessary situations you must speak to our highly qualified UK Immigration Consultants in the first instance. You can do so by calling us on +44 (0)207 993 4762 or by checking your eligibility by completing the free online assessment below.

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