The UK Spouse Visa, known as the “family of a settled person” visa, provides a convenient pathway for partners, spouses, parents of minor children, or children of British citizens to relocate to the UK. This visa category encompasses diverse relationships, so it’s important not to hesitate in exploring your options, even if your relationship deviates from traditional norms.
If you are in a qualifying long-term relationship or married to any of the following individuals, you are eligible to apply for the UK spouse visa:
- A British or Irish citizen
- A person with Settled Status in the UK, such as Indefinite Leave to Remain, Settled Status
- Someone from the EU, Switzerland, Norway, Iceland, or Liechtenstein with Pre-Settled Status (they must have started living in the UK before 1 January 2021)
Additionally, if you are in an unmarried long-term relationship of at least two years, you can also apply for a Spouse or Partner visa. To apply for the Family Visa as an unmarried partner, you must be able to provide evidence of living together in a relationship for at least two years. Furthermore, you should be able to financially support yourselves and any dependents without relying on public funds, and have the intention to live with your partner permanently.
The role of an Immigration Lawyer is crucial in Family Visa Applications for multiple reasons. Firstly, these applications can be both costly and complex. Migrants are required to pay hefty application, as well as the Immigration Health Surcharge and biometric fees, before their application is considered by the Home Office. Secondly, while there are certain mandatory documents that need to be submitted as proof of the relationship, the assessment of the relationship’s credibility is done on a case-by-case basis. The Home Office has the discretionary power to request an interview with the couple to subjectively evaluate whether their relationship is genuine. Although the interview process may appear straightforward, it is important to ensure that sufficient evidence is provided during the application stage to satisfy the Home Office without raising any doubts about the credibility of the relationship and raising a request for the interview. An Immigration Lawyer therefore, plays a crucial role in navigating the complexities of Family Visa Applications, ensuring that all necessary documentation is in order, and providing guidance on how to present a strong and convincing case to the Home Office.
One of the key advantages of obtaining a partner or spouse visa is the freedom it grants you to live and work in the UK without any limitations. Initially, the visa is granted for a period of two years and nine months, with a 90-day timeframe provided for you to relocate to the UK. During this period, you have the flexibility to enter and exit the country multiple times. Upon nearing the end of this initial period, you have the opportunity to apply for an extension, allowing you to stay in the UK for an additional two and a half years. This extension provides continuity and further stability to your stay in the country.
Spouse visa not only allows you to live and work in the UK without restrictions but it also serves as a pathway to settlement. After residing in the UK for a total of five years, you become eligible to apply for Indefinite Leave to Remain (ILR). ILR grants you the right to permanently reside in the UK, free from time restrictions and immigration control. It is an important milestone in Immigration journey towards establishing long-term residency in the country.
It is important to initiate a Spouse Visa application well in advance of the intended relocation to the UK. It is strongly advised not to book your flight or make any travel arrangements until you have received visa approval from the Home Office. Taking this precaution will help ensure a smoother process and minimize any potential complications or inconveniences.
The process for applying for a UK spouse visa is different if you are already in the UK. In such cases, you are required to provide evidence demonstrating that you are in the country on a visa that is eligible for switching to the UK spouse visa. This means that you need to show documentation confirming your current visa status and eligibility to transition to the spouse visa category.
Contact us to obtain expert guidance regarding your UK Partner Visa application. They can provide professional advice tailored to your specific circumstances, helping you understand the process and requirements for entering the UK and obtaining leave to remain if your partner is a UK citizen. Reach out to our team for comprehensive support and assistance in navigating the complexities of the Family Visa application.