Family & marital visa applications

If you are a settled member of the UK and you would like a member of your family to come and join you there are specific visa categories with certain requirements you must meet before this can happen; one requirement for application of entry clearance is that the relationship between the applicant and the UK sponsor must be genuine and they must have met. They must also be financially stable and be able to maintain themselves without public funds. Further requirements state they must have an adequate knowledge of the English language.

To comply with the law, entry clearance must be granted prior to any visa, including a: spouse visa, marriage visa, partner visa and family member (including children) visa. All entry clearance applications must be made from outside the UK at a UK designated post in the country where the applicant is living.

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Fiancé Visa

The fiancé visa allows a person to bring their fiancé into the UK if they have the intention of getting married to them within the 6 month period of the visa. The person applying for the visa will not be able to work in this 6 month period until they switch to a marriage visa.

Any application made requires the partner based in the UK to:

  • Have a settled status in the UK (living in the UK lawfully with no limit to the stay)
  • earn over £18,600 for a set period of time or have adequate savings for 6 months of over £62,500
  • have sufficient accommodation
  • show that your relationship is genuine
  • be at least 21 years old

After you are married, you can then apply for another visa which means you can stay in the UK longer. After 3 years, if you are still married you can then apply for an indefinite leave (also known as permanent residence) to remain in the UK as long as the marriage continues. This forms another requirement of the visa stating that you must intend to live together permanently after your marriage and support yourselves financially rather than relying on public funding.

After you have received the marriage visa you will hold the same rights as your spouse and will be able to start working in the UK.

If your application is not successful you will be able to appeal the decision.

Marriage Visa/Spouse Visa

A marriage/spouse visa allows a non EU spouse to come to the UK on the basis of their relationship and it allows them to live and work in the UK. This will only be issued if the spouse is married to a UK citizen or someone who has indefinite leave to remain.

The requirements for this are:

  • you must be able to support yourselves without relying on public funds – the applicant will not be barred from the UK if they receive public funds, they must simply not be relying on them
  • you must have suitable accommodation
  • you must both be over the age of 21
  • you must both intend to live together permanently
  • your spouse must be present and settled in the UK
  • you must be legally married to each other
  • your relationship must be genuine

If your application is successful, if you are still complying with the requirements of the visa after 2 years, you may apply for an indefinite leave to remain in the UK. Gaining this will mean you have all of the same rights as a UK citizen.

However, due to more and more sham marriages, visas are becoming more difficult to attain; more checks are being done to ensure your relationship is genuine and more evidence needs to be provided to show you are complying with regulations.

What does this mean?

It is more important than ever to make sure you complete your application accurately first time; getting legal advice straight away can make a very big difference to the success of your application. If you are unsure about any stage of your application then Stephensons solicitors can help you.

We have a team of expert lawyers that you can trust to ensure you have the greatest chance of success in your application. We understand how important this decision is so we know that when it comes to getting a fair result, you should choose an honest reliable law firm.

Call a member of our team today on 0175 321 5096.

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