Seeking entry or leave to remain as the spouse or partner of someone settled in the UK
If you are in a relationship with or married to a settled or British person in the UK, you may wish to seek to join your spouse/partner and live together in the United Kingdom. The immigration rules in this regard have now become particularly complex and there are a number of requirements that do need to be understood and the evidence that is submitted needs to address each one of those requirements.
Some of the requirements include:-
1- The Applicant must be aged eighteen or over at the date of the application
2- The partner must be aged eighteen or over at the date of the application
3- The Applicant and their partner must not be within the prohibited degree of relationship
4- The Applicant and their partner must have met in person
5- The relationship between the Applicant and their partner must be genuine and subsisting
6- If the Applicant and partner are married or in a civil partnership it must be valid marriage or civil partnership
7- If the Applicant is a fiancé(e) or proposed civil partner they must be seeking entry to the UK to enable their marriage or civil partnership to take place
8- Any previous relationship of the Applicant or their partner must have broken down permanently
9- The Applicant and partner must demonstrate that they intend to live together permanently
Apart from the above requirements, there are financial requirements that need to be understood and met. It needs to be demonstrated that there is a specified gross annual income of at least £18,600.00 for the Applicant to enter or remain in the UK and an additional £3,800.00 for the first child; and an additional £2,400.00 for each additional child thereafter. If one were not to rely upon the income route, specified savings would be required of £62,500.00 for the Applicant alone and additional savings thereafter for each additional child. There are various requirements with regards to the income rout and savings route that need to be understood.
For example, one is able to rely upon their rental income from a property that they own and are renting out so long as it is not the property in which they are residing themselves. One is also able to rely upon their self-employment income, for example.
If one is in receipt of one of the following benefits, they do not need to meet the financial requirement as set out above, but still must demonstrate that they are able to maintain and accommodate themselves without additional recourse to public funds:-
1- Disability living allowance
2- Severe disablement allowance
3- Industrial injury disable benefit
4- Attendance allowance
5- Carer’s allowance
6- Personal independence payment
7- Armed forces independence payment or guaranteed income payment under the army forces compensation scheme; or
8- Constant attendance allowance, mobility supplement or a war disablement pension under the war pension scheme English language requirement Furthermore, an Applicant must demonstrate that they have sufficient knowledge of English language by meeting the speaking and listening skills requirement and having sat one of the approved tests as set out within the Immigration rules themselves.
Bushra Ali Services
We at Bushra Ali Solicitors are able to provide a full service with regards to seeking entry or leave to remain for your partner, spouse or child/children.
We are able to provide a full comprehensive advice on the actual requirements for the immigration rules and a full advise on all of the evidential documents required to meet those requirements.
We are able to carry out a financial calculation for you as in some cases persons will have a complex income situation.
We will take very detailed instructions in order to draft the relevant witness statements from all individuals concerned.
We will provide full assistance in completing the online application form, sponsorship undertaking and appendix form’s.
We will gather all of the evidential documents and advise you as to whether the application is likely to succeed. We will also draft very detailed and comprehensive cover letter representations to support the application.
For further details about our services in this regard please contact us.