Spouse settlement visa

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. The team at Immigration Solicitors 4me is always updated on these changes and attends regular seminars and trainings on these constant legal developments and trends of case laws of the Higher Courts. We provide an outcome focused advise and representation to achieve the best possible results for our clients. We mainly work on a fixed fee basis which provides a better transparency and affordability to clients and sponsors. The UK has a multicultural and multinational society where individuals from almost all countries of the world visit, migrate and settle mainly for economical purposes. Even the British Citizens born and bred in the UK have family and emotional ties to other countries. When they are married to a national from outside the EU countries, this is when they come across the UK immigration. Sometime this experience of making settlement applications for their spouses or under 18 children abroad could be daunting and stressful.


We at Immigration Solicitors 4me do our best to take this stress from you and simplify the whole process by providing a tailored list of supporting documents for individual cases and legal representations in the application process as a whole.


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.


As an individual, you may find it difficult to make a decision on what documents and information should be included with your application. We will take all your worries away. At Immigration Solicitors 4me, we specialise in all areas of UK immigration and you will have a dedicated case worker who will advise you at every step of your application and will also provide a post-application advise, if required. We work mainly on fixed fee basis in such applications with no hidden charges or surprises. We ensure transparency and we are confident to achieve best possible results for you.