Immigration FAQ

The term ‘spouse visa’ permits a person who is not from the UK to enter the UK (not subject to any visa restrictions) for employment, studying or for a living, but must be married to an individual who is already settled in the UK. A ‘spouse visa’ is also referred to as a UK marriage visa.

Get in touch with our specialist solicitors by booking a free initial consultation or you could contact us on 01204 387310 to gain more information on the services we can provide for you.

An individual will be permitted to stay for 30 months within the UK or for 33 months if they have applied externally and not in the UK. It is worth mentioning that the visa could be extended to permanently reside in the UK after five to ten years, but considers particular requirements being complied with.

If you are not married and would like to apply for a spouse visa, you must have lived together in a committed relationship continuously for a minimum of two years before the visa application is made.

You could apply for a fiancé visa if you intend to get married in the UK but are not yet married. This would allow the individual to come to the UK and to get married. The visa will thereafter be changed to a spouse visa.

In order to be permitted a visa to reside in the UK, there are specific requirements that must be satisfied. They must satisfy from the following:

• A continuous two years serious relationship prior to the visa application
• No criminal record and must not have an adverse immigration history.
• The financial requirements are met
• A visa lawfully for longer than 6 months or applying a visa from your own country (does not apply to Fiancé)

There is a financial requirement which must be met to satisfy for a spouse visa. A gross annual income must be met of £18,600 with a further £3800 for the first non-UK resident that is not British and is applying for the visa. It would then be reduced for a further non-UK resident amounting to £2,400.

They could personally meet the financial requirement, but if they are applying through their sponsor, this would be considered if it is from outside the UK. Other ways the financial requirement could be met and satisfied is through savings, other incomes or pensions.

If you would like to apply for a British passport from overseas, it is required for you download this particular form (https://www.gov.uk/government/publications/applying-for-a-passport-from-outside-the-uk-application-form).

Get in touch with our specialist solicitors by booking a free initial consultation or you could contact us on 01204 387310 to gain more information with this matter.

To determine the cost of your citizenship application, this would be dependent on the difficulty of the case in this matter.

Get in touch with our specialist solicitors by booking a free initial consultation or you could contact us on 01204 387310 to gain more information with this matter.

When completing the application, inputting employment history is important with evidence being required. To request employment history, complete the following form:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/733425/Employer.pdf

Get in touch with our specialist solicitors by booking a free initial consultation or you could contact us on 01204 387310 to gain more information with this matter.

The following is required for us to know in order to process your application:

• If your parents were originally a resident in the UK for three years
• If before you were born, your parents were married or not
• If your parents were regarded as a CUKC Citizen when you were born
• If when at the time of your birth, your native land attained independence and the UK had regarded that specific country nationality law on the statutory list before you were born or after you were born

In this case when claiming a British Citizenship, it would be dependent upon your parent’s nationality.

Get in touch with our specialist solicitors by booking a free initial consultation or you could contact us on 01204 387310 to gain more information with this matter.

When applying for a UK Visitor Visa, you would need to establish and show the following:

• Your purpose of visiting the UK i.e. for business, family or leisure etc
• You can afford the journey
• If you visit the UK for business reasons, you will be entitled to only carry out business activities.
• If you intend to stay for long term and apply for a Visitor Visa, you must regularly come to the UK specifically for Business reasons.

With a Visitor Visa in the UK, you could be eligible from the following:

• Change your relationship from a civil partnership to getting married
• Education trips
• 30 days of studying, but this cannot be the primary purpose to come to the UK
• The Visitor Rules considers business activities, sports or events and you would be eligible to take part in these upon entering the UK.

When applying for a Visitor Visa, you would need to make an application online, but this would not apply if you were from North Korea. The following would be required:

• Biometric Information i.e. fingerprint and a picture which will need to be taken at a Visa Application Centre

 

Get in touch with our specialist solicitors by booking a free initial consultation or you could contact us on 01204 387310 to gain more information on the services we can provide for you.

It is important to provide the correct documents in the process to be successful for a Visitor Visa.

 

Some documents that are required for you to provide are the following:

• A Statement from your bank
• Evidence is required which shows the main reason for your visit to the UK
• Evidence is required which shows after six months in the UK, you will leave
• A passport
• Travel document

 

Get in touch with our specialist solicitors by booking a free initial consultation or you could contact us on 01204 387310 to gain more information on the documents that are required for you to provide and we will assist you on the entire process.

You will be restricted from the following:

• Work in the UK, (restricted from paid or unpaid work)
• Obtaining public funds
• Get married in the UK or be in a civil relationship
• You cannot stay in the UK for a long period with numerous visits

You would only be able to apply for an EEA Family Permit if you are from outside the UK. However, if you are from the UK, you would need to apply for an EEA Residence Card.

When applying for an EEA Family Permit, the application would need to be submitted within a British visa application centre wherein initially you would submit an online application with evidence required.

Within the process of an EEA Family Permit, there are some countries that require you to take a tuberculosis test. The time frame for an EEA Family Permit is varied significantly between the countries, but it could be between 1 week to 2 months or longer.

To be permitted in the UK through EEA family permit, you must establish the following:

• You are a child who is under the age of 21, a dependent child or a grandchild of an EEA citizen who could be of any age category
• You are an unmarried partner of an EEA citizen and in a long-term relationship
• You are a dependent parent / grandparent of an EEA citizen
• You are a spouse / civil partner of an EEA citizen

An EEA citizen who I will be joining must meet the requirements which are the following:

• Been in the UK or they have been travelling with you to UK within 6 months which must be from the day of applying for a family permit.
• If they were in the UK for longer than 3 months, they must have a ‘permanent residence’ right and show they are a qualified person.

You must be lawfully living in the member state and a qualified person would be required to exercise their EU treaty rights.

If you are living in a different EU member state, you would be a qualified person if you are a:

• Student
• In work self-employed or in employment
• Economically independent

You would be given the status of permanent residency if you were legally exercising your Treaty rights within the UK considering you are an EEA national.

Previously, before the EU referendum, there was a short number of EEA nationals that were living in the UK who were trying to acquire a Residence Card. However, there had been a change in law with the Residence Card, wherein the UK government in 2015 had changed a key law in which acquiring a Permanent Residence Card is a requirement in order to be eligible for a British Citizenship. It is important to acquire a Permanent Residence Card to be regarded as a British Citizen.

When it comes to the process of applying for a Permanent Residence Card, our specialist immigration solicitors will be with you on every step of the process along with helping you save costs and time. They will examine your application, so the Home Office do not refuse your application in which will save you costs and time.

Our Specialist Solicitors would assist you with every step of the process. Get in touch with our specialist solicitors by booking a free initial consultation or you could contact us on 01204 387310 to gain more information on the services we can provide for you.

In order to be given a Permanent Residence Card, the following must be established:

• You must be a citizen for an EEA country
• Lived in the UK for a minimum 5 years as a ‘qualified person’
• The immigration rules are complied with (i.e. acquiring Comprehensive Sickness Insurance for a student / economically Independent

You must be lawfully living in the member state and a qualified person would be required to exercise their EU treaty rights.

If you are living in a different EU member state, you would be a qualified person if you are a:

• Student
• In work self-employed or in employment
• Economically independent

The EU Settlement Scheme’s deadline is on the 30^th June 2021 and if you hold a 5 year ‘continuous residence’, you would be permitted to settled status. If you do not hold a 5 year ‘continuous residence’, you would be more likely to be permitted to a pre-settled status.

If you are deemed as an EU citizen or related by family of an EU citizen, you would be eligible and permitted to apply for the EU Settlement Scheme and if you would want to remain living in the UK after the 30^th June 2021. This would apply if you establish one of the following:

• Your place of birth was in the UK, but you are not a British citizen
• Your spouse is a British citizen and you are from the EU

If you are any of the following below, you would not be required to apply for the EU Settlement Scheme. They are:

• Irish citizen – If you have members of your family that are not living in the UK or Ireland, they would be need to apply
• Hold an indefinite leave to enter the UK
• Hold an indefinite leave to remain in the UK

You along with your family members would be eligible to apply for the EU Settlement Scheme and would remain living in the UK after the 30^th June 2021 considering you are an EU citizen.

In some occasions, you could still remain in the UK and not apply. So, this would be the case if you were an Irish citizen or you acquire an indefinite leave to remain. The EU citizens that are living in the UK would have the same rights and status up until the 30^th June of 2021.

When your application is granted, you would either be entitled to settled or a pre-settled status.

It is required for you to display a relationship with an EU citizen. This could be way of married, civil and an unmarried partner. With an unmarried partner, a residence card for evidence of the relationship is required.

You could also display a relationship with an EU citizen, their spouse or a civil partner by way of;

• A child, grandchild who is under the age of 21
• You are a dependent parent / grandparent
• A dependent child that is 21 or over

 

Dependent relative (the relationship must be evidenced through a residence card

To initially be permitted for an Indefinite Leave to Remain, you are required to have stayed in the UK for a specific time period. Your status along with your current visa you hold would impact the qualifying period.

Depending on your time period, there are many routes being permitted for Indefinite Leave to Remain are varied. So, some people could apply for Indefinite Leave to Remain after a period of 2 years. However, it is primarily granted after a period of 5 years of residence considering the other conditions are fulfilled. One other route that could be taken is a continuous 10 years of residence.

With regards to the requirements for an application for indefinite leave to remain, the primary requirements are to have stayed within the UK for a specific period of time within the visa category. Other primary requirements are life requirement and understanding to the language to a specific level.

There are many routes in place which permit you to Indefinite Leave to Remain. Please see the following to assess if you satisfy to any of the routes. The routes are:

• Tier 1 visa migrants – These include, General, Exceptional Talent, Entrepreneur, Investor & their dependants
• Tier 2 (General) visa – A migrant and the dependants associated
• The spouse / partner who is living in the UK
• UK ancestry route
• A domestic worker who are protected by transitional agreements
• A migrant who are in closed classifications i.e. Work Permit holders

In order for the English Language requirement to be met, it must be evident that you satisfy from either of the following:

• A qualification in English which could be either of the levels; B1, B2, C1 or C2
• A degree qualification that is researched or delivered in the English Language

The life in the UK test is part of the application process for a British Citizenship or Settlement within the UK. The test must be booked 3 days prior to the test and comes to a cost of £50. 24 questions must be answered within 45 minutes. The questions will be based on British traditions and customs. There are online resources to help you with passing from the test

Please see https://www.gov.uk/life-in-the-uk-test for more information.

If you have any further questions, our Specialist Solicitors would assist you with every step of the process. Get in touch with our specialist solicitors by booking a free initial consultation or you could contact us on 01204 387310 to gain more information on the services we can provide for you.

With the time period of the process of Indefinite Leave to Remain would primarily depend on your visa category and individual circumstances within your application.

It could be a complex process with there being many forms within your application along with fees and documents which varies primarily on your specific route taken. The laws and rules with immigration are constantly changing.

Our Specialist Solicitors would assist you with every step of the process. Get in touch with our specialist solicitors by booking a free initial consultation or you could contact us on 01204 387310 to gain more information on the services we can provide for you.

The term “overstayer” is when an individual has stayed or remained within the UK and does not hold a valid visa for that stay and has been granted permission in order to stay.

If you have found yourself from being an over stayer, there are serious repercussions in force. You could still however make an application to reside yourself within the UK lawfully. Some key consequences that you could be facing being an “overstayer” is lose the right to rent or work

For an overstayer, there are applications that comprise of family and private life within the UK.

Article 8 of the European Convention on Human Right provides individuals with the right to respect for private and family life. The term “family life” comprises of the relationships within family members. This could be:

• Spouse
• A child under 18
• Unmarried partner
• Civil Partner

Article 8 of the European Convention on Human Right provides individuals with the right to respect for private and family life. The term “private life” comprises of any of the following:

• Education
• Employment
• Charity work
• Community work
• Friends made within the UK

The Immigration Rules permits individuals who can show they are in relationship with a British national / settled person from the UK.

Nevertheless, one key measure that must be displayed is that both the individual and the partner would be in great difficulty and hardship if they were to live their life outside the UK.

There are different categories when applying for an application under private life. The applications are as follows:

• Young People – This is for the ages of over 18 and below the age of 25. They could be eligible to make an application leave to remain with the UK if it is evidenced that the individual has lived within the UK half their life.
• A 20 years + overstayer – An individual who has lived within the UK for over the period of 20 years could apply despite the fact they are regarded as an overstayer.

 

Within the Immigration Rules, it allows an individual to apply for an application to further remain within the UK under private life with documents evidenced being mandatory.

Initially, once you have been granted a spouse visa, it would last for 30 months (2.5 years) or 33 months (2.75 years) if the application was undertaken overseas. You would therefore be permitted to stay in the UK for this specific time.

If you would like to continue your stay within the UK, you would be required to apply for a spouse visa extension (spouse visa renewal). Once this has been granted, this would allow you to remain in the UK for an additional 30 months. The visa extension is a complicated and difficult process with there being strict rules that must be adhered to. Nevertheless, at Lex Solicitors we can assure you that our specialist immigration solicitors will be with you on every step of the process.

Get in touch with our specialist solicitors by booking a free initial consultation or you could contact us on 01204 387310 to assist you on your visa extension. Our Specialist immigration solicitors would assist you with every step of the process.

Initially, the extension application is required to be made prior to your current Spouse Visa terminating. The requirements that must be met for your extension to be successful are as follows:

• If your Spouse / civil partner remains as a UK citizen or has settled within the UK
• It is displayed that you are in an ongoing and serious relationship
• There is sufficient accommodation for you and your spouse
• The financial requirement of £18,600 is met (this figure would increase if you have children that are not British and not settled within the UK)
• The requirement of the English Language is evidenced

There is a financial requirement when applying for an extension spouse visa. The financial requirement that must be established and evidenced is as follows:

• A yearly income of £18,600 if you do not have any dependent child that are not a UK citizen or have settled in the UK.
• If you have one child, you must earn a yearly income of £22,400
• An additional £2400 for each child after the first child

 

When assessing the financial requirements, if your child was born or settled within the UK, there would not be an increase in the initial yearly income.

Initially, for a spouse visa extension, you must complete an online application. You would thereafter be required to visit an immigration centre where they would retain your biometrics.

To not breach the immigration laws (overstayer), you would be required to complete and submit your online application prior to the initial leave expiring. Some key consequences that you could be facing being an “overstayer” is lose the right to rent or work.

The next key stage is attending an immigration centre which must be made prior to the expiry date of the online submission. Your application could be nullified and cancelled if you do not attend within the time period.

If your application or a Spouse Visa Extension gets declined, we advise you to contact Lex Solicitors immediately. At Lex Solicitors, we can assure you that our specialist immigration solicitors will be with you on every step of the process. We would advise you with the complications of your current application, whether you should appeal or if a new application needs to be made.

Get in touch with our specialist solicitors by booking a free initial consultation or you could contact us on 01204 387310 to assist you on your visa extension. Our Specialist immigration solicitors would assist you with every step of the process.