Spouse Visa (In-country switching or extension)
SPOUSE VISA LATEST UPDATES
The Appendix FM of the Immigration Rules was updated to reflect the Supreme Court findings in the case of MM (Lebanon). These changes will apply to any decision made on or after 10 August 2017. If an applicant is able to satisfy the minimum income requirement by standard sources of income such as salaried or non-salaried employment, self-employment, non-employment income and cash savings, these changes do not apply to their case. This change is made in cases where the applicant does not meet the financial requirement by standard income sources and the refusal of decision would breach Article 8 ECHRbecause it could result in unjustifiably harsh consequences for the applicant, their partner or a relevant child.vIn such cases, the decision maker will consider whether the minimum income requirement is met through other reliable and credible sources.
These sources are:
- (a) A credible guarantee of sustainable financial support to the applicant or his/her partner from a third party.
- (b) A credible prospective earnings from the sustainable employment or self-employment of the applicant or his/her partner.
- (c) Any other credible and reliable source of income or funds for the applicant or his/her partner, which is available to them at the date of application or which will become available to them during the period of limited leave they have applied for.
The UKVI made it clear that even with the above additional income sources, an applicant must be able to meet the minimum income requirement for entry clearance or leave to remain under this immigration category. It should further be noted that if an application is successful following consideration of these additional sources, the successful applicant will be placed on a 10 years route to settlement rather than standard 05 years route. However, switching to 05 years route is possible if at a later stage an applicant and his sponsor do have income to meet the minimum income requirement applicable to their case.
Each of the above income sources have their respective evidential requirements. Contact our immigration solicitors for further information and advice.
UK Immigration is a constantly developing and ever-changing area of law. It is very important for specialist solicitors to remain up to date with these changes and developments because even if an old or wrong version of application form is submitted, it can invalidate your application and you may become an over-stayer in the UK. One wrong step in your immigration applications can create never ending litigation costing huge amounts of your hard-earned money. We at TMC Solicitors deal with complex post-refusal cases on everyday basis which gives our caseworkers a foresight on possible causes of refusals and this can reduce the chances of refusal in applications made by such specialist case workers. Our caseworkers are always updated with regular trainings and briefings on current case laws.
If you are already in the UK on spouse visa and wishing to extend your leave or you are making an initial application for spouse settlement, you should bear in mind the mandatory requirements of the immigration rules because if you fail to satisfy the Home Office caseworker, he may refuse your application without a right of appeal i.e. if it is certified.
As an applicant, you can make an application yourself as long as your correctly complete your application forms and provide all the mandatory evidence however using a legal representative brings a peace of mind. We at TMC Solicitors provide accurate case specific advice and assist in your application. We charge a competitive fee for our professional services and for our diverse clients we offer a payment plan if they are deserving. In order to make a valid application, you must meet the basic eligibility requirements. The criteria are complex and depends on case by case basis.
Status of the Partner in the UK:
Your partner must be present and settled in the UK which means he is free from immigration conditions. He should be one of the following:
- a. British citizen;
- b. Settled with Indefinite Leave to Remain in the UK;
- c. Refugee status; i.e. he has asylum and humanitarian protection in the UK.
- • Age requirement: the couple are at least 18 years of age at the time of application.
- • Requirement to have met: Sufficient documentary evidence must be provided to show that the couple has met.
- • Genuine and Subsisting relationship: The couple must be in a genuine and subsisting relationship.
- • English language requirement: if a partner is not from a majority English speaking country, an approved English language test must be passed at the required level.
- • Adequate accommodation: Your sponsor must be able to support and accommodate you without recourse to public funds.
- • Financial Requirement: Your sponsor must also be able to show that he is earning £18,600 per annum immediately preceding the date of filing the application. It can raise to £22,400 if there is one dependent child, £24,800 for two dependent children and so on. The requirement of documentary evidence is simple if sponsor is employed but if he/she is self-employed or a director of a limited company the list of documents is complex and enhanced.
There is exemption from financial requirement if the sponsor receives one of the qualifying disability living allowances/personal independence payment etc. However, they should still be able to show adequate accommodation and finances on different method of calculations. The above eligibility requirements are basic and does not guarantee a successful application because there are various other factors, including suitability or conduct, forms part of a consideration process.
Why Choose Us?
No case is the same as another, and we do not take a ‘one size fits all approach’ to our clients. We prepare and undertake a tailored strategy based on our client’s individual’s needs and circumstances. Our experienced team is able to provide advice and assistance in various legal areas.
Our team will undertake a formal review of your case documents and advise you on the suggested next steps. Our expertise in this area means that care and consideration will be used when reviewing your file. We understand that matters can be time sensitive and you will receive our advice promptly following our instructions.
We are experts in advising and dealing with complex matters on behalf of vulnerable clients. Our team is committed to fighting for justice and providing a high quality service for all of our clients.