OJN Solicitors
"keeping the law simple, affordable and precise"

OJN Solicitors
"keeping the law simple, affordable and precise"

OJN Solicitors
"keeping the law simple, affordable and precise"

Marriage - Spouse Visas - Civil partnership Applications

Also known as a UK marriage visa, a spouse visa allows married and civil partners of someone who is 'settled in the UK' to come to the UK for settlement.

A person who is 'settled' is a person who is ordinarily resident in the UK and has no immigration restrictions on how long they can stay in the UK.The requirements for spousal visa are conatined in the table below:

Requirement type

Requirement details

General requirements

The applicant partner:

  • is outside the UK
  • has made a valid application for entry clearance as a partner
  • does not fall for refusal under any of the suitability grounds, and
  • meets all the eligibility requirements

Suitability requirements and retained general grounds of refusal

The applicant partner must meet a number of requirements relating to their previous character and conduct, including any previous criminal convictions or charges or breaches of UK immigration control..

Eligibility requirements

(i) Relationship

The sponsoring partner:

  • is a British citizen in the UK (or returning to the UK with the applicant)
  • is present and settled in the UK (or being admitted on the same occasion for settlement), or
  • is in the UK with refugee leave or humanitarian protection

The applicant partner

if a fiancé(e) or proposed civil partner, must be seeking entry to the UK to enable their marriage or civil partnership to take place

The applicant partner and the sponsoring partner:

  • are aged 18 or over at the date of application
  • are not within a prohibited degree of relationship as defined in theMarriage Act 1949, the Marriage (Prohibited Degrees of Relationship) Act 1986 and the Civil Partnership Act 2004
  • have met in person
  • are in a genuine and subsisting relationship
  • intend to live together permanently in the UK
  • any previous relationship must have broken down permanently unless it is a polygamous relationship which is not covered under the restrictions set out in the Immigration Rules, Part 8, para 278(i)
  • if married or in a civil partnership, are parties to a valid marriage or civil partnership, and
  • if unmarried partners (including same-sex partners), have been living together in a relationship akin to a marriage or civil partnership for at least 2 years prior to the date of application

(ii) Financial

The applicant partner can provide specified evidence of a specified gross annual income of at least:
—£18,600
—£3,800 for their first child, and
—£2,400 for each additional child.

Note that additional funds are not required to be shown for any child who is an EEA national, a British citizen or otherwise has settled status

If the applicant partner cannot show the relevant minimum specified gross annual income, they must also show:
—specified savings of £16,000, and
—additional savings of at least: 2.5 x (the relevant minimum specified gross annual income minus the gross specified annual income that they can evidence)

The applicant partner must provide evidence that there will be adequate accommodation without recourse to public funds for the family (including those family members not included in the application but who live in the same household), or

If the sponsoring partner is receiving a specified benefit, the applicant partner must provide evidence that the sponsoring partner is able to maintain and accommodate themselves, the applicant partner and any dependants without recourse to public funds

Note that only specified sources (and combinations of sources) of funds can be used to meet the financial requirements.

(iii) English language

The applicant partner provides specified evidence that:

they are a national of one of the following countries:
—Antigua and Barbuda
—Australia
— the Bahamas
—Barbados
—Belize
—Canada
—Dominica
—Grenada
—Guyana
—Jamaica
—New Zealand
—St Kitts and Nevis
—St Lucia
—St Vincent and the Grenadines
—Trinidad and Tobago
—the USA

They have taken and passed an English language test in speaking and listening at a minimum of level A1 of the Common European Framework of Reference for Languages with an approved English language test provider listed in the Immigration Rules, Appendix O;or

They have an academic qualification recognised by the UK National Recognition Information Centre to be equivalent to the standard of a bachelor’s or master’s degree or PhD in the UK, which was taught in English

or the applicant partner is exempt from the English-language requirement because:

—they are aged 65 or over
—they have a physical or mental disability that prevents them from meeting the requirement, or
—there are exceptional circumstances that prevent them from being able to meet the requirement prior to entry to the UK

Our immigration solicitors provide competent, confidential legal advice and are able to offer effective legal representation.

CALL US NOW:

02032322135

07587132604

OJN Solicitors - Enfield (Head Office)
12 London Road, Enfield, EN2 6EB
Tel: 0203 232 2135
Fax: 0208 342 1648
Mob: 07587 132 604

About the Firm

OJN Solicitors was established in April 2006 to provide efficient, cost effective legal services to businesses and individuals.

Since then, the firm has quickly built up a solid reputation within the UK and overseas for providing its clients with first rate professional legal services.

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