3 Compelling Reasons Why You Need An Immigration Lawyer for UK Spouse Visa
UK spouse visa application process is too complicated and time-consuming. Mitigate all errors in your UK visa application with our immigration lawyers.
The Difference Between the 5-year and 10-year Partner Route
Whether you are applying for leave to remain in the UK or have obtained leave to enter and are now extending your visa, you may have heard of both the 5-year and 10-year routes.
The primary difference is that if the Home Office decides that you meet all of the requirements and for leave to remain under the Immigration Rules, then you will be placed on the 5-year route. This means that the first visa which you have been granted is valid for two and a half years and then before this visa expires, you will apply for another visa that is valid for the same amount of time. Once you have completed five years on this route legally, you will be eligible to apply for Settlement, provided that you meet all of the other requirements for settlement.
If you are already in the UK and are applying to extend your visa, if the Home Office decides that you do not meet one of the requirements i.e., the English language requirement, but would find it unduly harsh to refuse your visa, then they will likely put you on the 10-year route to settlement. This means that you will be eligible to apply for settlement once you have legally completed 10-years on this route.
It is important to remember that if you are already on the 5-year route but happen to be switched on to the 10-year route or, you are on the 10-year route but begin to meet all of the requirements so decide to switch on to the 5-year route, then your clock to settlement will restart. For example, if you have completed 2 and a half years on the 10-year route but then switch on to the 5-year route, you will become eligible to apply for settlement after 5 lawful years rather than a further 2 and a half, because your clock will have restarted. However, it does mean that you can become settled quicker than if you were to remain on the 10-year route.
The English Language Requirement
For almost all UK Home Office visa applications, the applicant is required to meet the English Language requirement. This means that the applicant must demonstrate to the Home Office that they have sufficient knowledge of the English language to be granted the visa.
This can be done in two key ways. The most common for the majority of applicants is to pass an approved English language test. There are four key centers that provide these tests are they are LanguageCert, Pearson, Trinity College London, and IELTS SELT Consortium. The level of English test which you must pass depends on your visa and which level in the process you’re at for example, for entry clearance, the applicant must pass the English test at level A1. The tests intensify the longer the applicant has been in the UK.
The second way an applicant can meet the English Language Requirement is if they hold either a bachelor’s or postgraduate degree which was taught in English. You will need to provide either your official transcript or degree certificate to prove that you have the academic qualification. If you have a qualification at this level but it was not taught in English, you may still be able to satisfy this requirement. Ask one of our expert immigration advisors about UK Naric.
Lastly, if you are from one of the following English-speaking countries, you are exempt from meeting the English Language Requirement and do not need to satisfy the requirement. The countries are Antigua and Barbuda, Australia, The Bahamas, Barbados, Belize, Canada, Dominica, Grenada, Guyana, Jamaica, Ireland (for citizenship only), Malta, New Zealand, St Kitts and Nevis, St Lucia, St Vincent, and the Grenadines, Trinidad and Tobago and the USA.
An applicant is also exempt from meeting the English language requirement if they are over 65 years old on the date of application or are unable to meet the requirement because of a long-term physical or mental condition.
One of our expert immigration Solicitors can confirm for you exactly what you need to do/ provide to meet the English language requirement and can even book your English test for you if you are facing difficulties.
Civil Partnership Visa
Do you have a civil partner who is looking to join you in the UK? Or are you looking to extend your civil partnership visa?
At Intime Immigration, we can guide you through the process step by step and advise you and your partner exactly what you need to significantly increase the chances of being granted a civil partnership visa.
There are many requirements that you are your partner must meet but importantly, your civil partnership must be recognized in the UK. Additionally, you must satisfy the UK Home Office that your relationship is genuine and subsisting, the financial requirement is met, you will be adequately accommodated and you meet the English language and Tuberculosis requirement, if applicable to you. There are also many other eligibility and suitability requirements that one of our immigration solicitors can assess for you.
Alternatively, if you are not yet married and have an intention to marry your civil partner here in the UK, we can assist you with your proposed civil partnership visa which will permit you to enter the UK to enter into a civil partnership. This visa will be valid for six months and before the expiry, you will need to apply for an extension which will be valid for two and a half years.
If you would like your civil partner to join you here in the UK, you have an intention to marry your civil partner or you would like to extend your visa, contact one of our expert immigration lawyers today for a free consultation and assessment of your case.
The Difference Between a Marriage Visit Visa and a Fiance Visa
Are you looking to come to the UK to get married? Well, there are two main options available to you, however, there are significant differences between them.
Starting with their similarity, both the fiancé visa and marriage visit visa are visas granted for a period of six months and allow you to enter the UK with the purpose of getting married within the duration of your six months visa.
However, the key difference is that the fiancé visa is on the settlement route which means that you can enter the UK, get married, but then you can apply to extend your leave as a spouse before the expiry of your visa without leaving the UK.
Whereas the clue is in the name with a marriage visit visa. It is a visit visa so once you are married, and before the expiry of the visa, you must leave the UK and return to your country. Once you have left, only then can you apply for Spouse Entry Clearance to return to the UK. If you do not leave and stay beyond the validity of your visa, you will be illegal within the UK, and this can cause you many problems later down the line.
Another key difference is the price and eligibility requirements. Because the fiancé visa is on the settlement route, there are many eligibility requirements such as financial, accommodation, relationship, English language, tuberculosis, etc., which you must meet to be granted entry clearance as a fiancé. The Home Office Application fee is also much higher than the marriage visit visa as you’re able to remain in the UK and do not have to leave. Additionally, when you are applying for leave to remain as a spouse, you will need to repay the Home Office application fee and will also need to pay the Immigration Health Surcharge, which permits you to use the healthcare system for the duration of your visa.
The marriage visit visa is a much cheaper option and there are fewer eligibility requirements and can be an option for those who do not yet meet all the requirements for a fiancé visa. However, remember that you must leave the UK before your visa expires, and also, you will not be able to re-enter as a spouse until you meet all of the requirements for entry clearance as a spouse.
The decision for which is option is best for you and your partner can be a difficult and complex one and our expert immigration lawyers are available to talk you through the process and a free meeting to discuss your case. Call us today to discuss your options.
Visit Visa to the UK
There are several different reasons why you may want to visit the UK and the Home Office recognizes this by offering a number of visit visas for different reasons. These can range from visiting family and friends, for medical reasons, business, study, volunteering, and more. However, it is not a simple process and there are restrictions as to what you can and cannot do whilst you are here.
One of the most common reasons to visit the UK is to spend quality time with family and friends. Do you have close family members or friends who you would like to come and visit for a short period of time in the UK?
A standard UK visit visa can allow for your family and friends to come and visit you for up to six months provided that you can demonstrate that you will adequately maintain and accommodate them. It must be proven that their stay can be financed appropriately and their whole stay will be without recourse to public funds. Many sponsorship documents must be provided to satisfy these requirements and where the Home Office raises any doubt regarding the applicant’s intention to return to their home country, the visa may be refused.
Visit visas are one of the most difficult visas to be accepted by the Home Office and can easily be refused for a wide number of reasons.
Working with an expert immigration solicitor, the purpose of the visit can be clearly explained and legally represented in the strongest way possible. There may be a much stronger reason for the visit such as for medical or care reasons, and where this is the case, it may be possible to apply for a longer visit visa such as for up to 2 years, 5 years, or 10 years.
The documents required for a visit visa are extensive and our immigration lawyers are highly experienced in this field. Although the outcome of a visit visa is never guaranteed, the chances of success of much higher where you instruct one of our immigration solicitors and we can guide you step by step through the process and advise you which documents will support your case.
If the outcome is not in your favor, we will challenge the Home Office decision, as part of your original agreement, and will endeavor to reverse the Home Office decision.
Call today to book a free consultation with an expert immigration solicitor
The Relationship Requirement for the UK Partner Visa 2022
One of the most important requirements for your partner visa is the relationship requirement. The Home Office needs to be satisfied that the relationship between you and your partner is genuine and subsisting.
Whether you’re married, in a civil partnership, are engaged to be married, or have been living with your partner for a minimum of two years, there is a wide range of important documents which you must provide to prove your relationship.
Together with an expert immigration lawyer, you can work with us to provide all the necessary information regarding your relationship, and we can advise specifically which documents are required to ensure your relationship is reflected as well as possible.
The Financial Requirement for the UK Partner visa 2022
There are many requirements to meet for your spouse visa, fiancé visa, or civil partner visa but one of the most intricate requirements is the financial requirement.
Firstly, as the sponsor, you must be able to meet the financial requirement of £18,600. This can be achieved in many ways, but some examples include, employment, self-employment, non-employment income, and savings. However, ensuring that you provide the precise documents can be one of the most difficult aspects of being granted an entry clearance visa and in a lot of cases, can be the cause of application refusals where vital evidence is missed.
Further complications may also be introduced where you have, for example, recently changed job, you want to combine employments or sources of incomes, where you have worked for your employer for less than six months, or where your savings have fallen below the required threshold. Remember, you must also meet the financial requirement once again, after two and a half years, when your partner’s visa is due for renewal.
To minimize the risk of refusal, we recommend that you contact one of our expert immigration solicitors who can guide you step by step through the process and offer you a free consultation to ensure your application is submitted only when your financial documents are ready.
