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Please join us in congratulating our Managing Partner and Family Solicitor Elspeth Thomson on winning the ‘Access to Justice Award’ at the Resolution Awards 2024. This award celebrates members who have committed their expertise to give the most vulnerable individuals access to justice in family law.

 

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Partner or spouse visa : how to make a successful application

We can help the spouses and partners of British citizens (or people settled in the UK) apply for a UK family visa to join or remain with their loved ones in the UK.

What is the process for making a spouse or partner visa application?

Spouse Visa Flow

What is required to make a successful partner or spouse application?

Meeting the requirements

A spouse or partner must satisfy the Home Office’s ‘suitability’ criteria and ‘eligibility’ requirements.

Suitability criteria

The suitability criteria look at the character of the applicant (not the sponsor in the UK). There are mandatory and discretionary grounds for refusal. Mandatory grounds include having criminal convictions and mean that the Home Office will automatically refuse the application. Discretionary grounds include providing incorrect information in the application or previous immigration problems and mean that the Home Office will likely refuse the application but have a choice not to.

Eligibility requirements

The eligibility requirements are:

  • Relationship – that the relationship is ‘genuine and subsisting’
  • English Language – that the applicant has the required level of English
  • Finances – the minimum income threshold is met
  • Accommodation – that there is suitable accommodation available

Making the right application

It may seem obvious but it is vital to ensure that the right application is made both in terms of being the most appropriate one for the applicant in their circumstances and using the correct form.

The GOV.UK website and the online application system can be confusing to navigate and we not uncommonly are contacted by clients who are unsure if they are using the right form or who have made the wrong application in error which has led to their application being refused.

Providing the correct documents

Many of the supporting documents required are specified in the Immigration Rules which mean that they must be provided.

The documents needed vary depending on how an applicant is showing they meet the eligibility requirements.

Will the COVID-19 pandemic affect my visa application?

Those with a valid visa to enter the UK for any purpose except as a Visitor can enter the UK even if the country they are travelling from is on the ‘red list’.  This means that a spouse or partner granted a visa to enter the UK will be able to but must follow the government guidance on quarantining.  You should be aware that these rules are subject to change.  For the most update to day information, please visit: Coronavirus (COVID-19): advice for UK visa applicants and temporary UK residents – GOV.UK (www.gov.uk)

Once leave to enter the UK has been granted, the applicant will be issued a 90-day visa vignette.  Entry clearance is now being issued for 90 days rather than 30 days as standard to allow more time for applicants to arrange travel.  Those unable to travel within the 90 days can apply to extend the 90-day vignette at a cost of £154.

Advice for making a partner or spouse visa application

We understand that applying to bring your spouse or partner to the UK will be of overwhelming importance to you.

The Immigration Rules and application process can be unclear at best.  If your application does not meet the requirements, the incorrect application is made or the specified documents are not provided then an application can be refused. If this is the case, the Home Office fee is not refunded.

We can help you with the whole process from end to end including advising on the most suitable application to make, completing and submitting the correct form and advising on the required supporting documents, booking a visa appointment and uploading supporting evidence.

We have a very high success rate when assisting clients with applications for leave to enter and remain in the UK.

Below are some testimonials from clients we have successfully represented.

We had a wonderful experience with Irfan Ali who helped us with our spousal visa! He was very knowledgeable and guided us through the whole process from start to finish explaining what we needed, drafted and submitted our application and cover letter, uploaded our documents, made our biometrics appointment, and answered all of our many questions promptly via email and phone. I would definitely recommend him to anyone who needs immigration advise or assistance.

I sincerely like to thank you for your professional but very friendly manner service in bringing our family together. You are a credit to your own family, firm and industry.

I much appreciated all the work has been done for me during my case by you guys. Thank you for the brilliant professional service that has been provided for me.

Contact

Call our friendly, experienced personal immigration solicitors on 0191 232 9547  contact us using this form or email the team Immigration.Enquiries@davidgray.co.uk

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