MARRIAGE, CIVIL PARTNERSHIP, FIANCE AND UNMARRIED PARTNER VISAS.

Marriage

Application for a spouse visa can be made if you are already married to your spouse and intend to permanently live with them in the UK.

To make this application your spouse must either be British or be present and settled in the UK.
If you are planning to come to the UK to get married or register a civil partnership with someone who is already settled or settling here, and you want to stay in the UK afterwards, you will need to obtain a visa as a fiancé (e).

This application can be made either as an:

  • In-country application – made inside the UK by applicants who currently have a valid visa
  • Entry Clearance application – made at the British Consulate in your spouse’s or partner’s country of residence prior to them travelling to the UK

You will have to show that you meet the following requirements:

  • You are both aged 18 or over at the date of the application; and
  • You have met in person and are legally married
  • Your relationship is genuine and you intend to live together permanently; and
  • Any previous relationship that either of you have had has broken down permanently; and
  • There will be enough accommodation for you and anyone else living with you without relying on public funds; and
  • You speak and understand English to the required level;
  • You will need to show that your spouse in the UK has a gross annual income of at least £18,600. If you are also bringing a child with you (who is not British, an EEA national or otherwise settled in the UK), your spouse’s gross annual income will have to be £22,400. For each additional child, add £2,400 to this total to see how much income your spouse or partner will need to have.

Civil Partnership

Application for a civil partner visa can be made if you have formed a civil partnership with your partner.

To make this application your partner must either be British or be present and settled in the UK.

If you are planning to come to the UK to register a civil partnership with someone who is already settled or settling here, and you want to stay in the UK afterwards, you will need to obtain a visa as a proposed civil partner.

You will need to apply for an unmarried partner visa if you can demonstrate that you have been cohabiting with your partner for 2 years and intend to permanently live with them in the UK.

To make an application your partner must either be a British Citizen or be present and settled in the UK.

This application can be made either as an;

  • In-country application – made inside the UK by applicants who currently have a valid visa
  • Entry Clearance application – made at the British Consulate in your spouse’s or partner’s country of residence prior to them travelling to the UK

You will have to show that you meet the following requirements:

  • You are both aged 18 or over at the date of the application; and
  • You have met in person and are in a civil partnership
  • Your relationship is genuine and you intend to live together permanently; and
  • Any previous relationship that either of you have had has broken down permanently; and
  • There will be enough accommodation for you and anyone else living with you without relying on public funds; and
  • You speak and understand English to the required level;
  • You will need to show that your partner in the UK has a gross annual income of at least £18,600. If you are also bringing a child with you (who is not British, an EEA national or otherwise settled in the UK), your spouse or partner’s gross annual income will have to be £22,400. For each additional child, add £2,400 to this total to see how much income your spouse or partner will need to have.

Meeting the Rules for both marriage and civil partnerships

Please note that for ‘Spouse’ also read ‘Civil Partner’. You can also read ‘Unmarried Partner’ for the majority of the information here..

The burden of proof is always on the applicant (your spouse) to satisfy the Entry Clearance Officer (ECO) that all the Rules are met on what is called “a balance of probabilities”. The ECO will weigh up the evidence before them as a whole, taking into account points both in favour of an applicant as well as any that may go against them.

Intention to live together

An ECO must be satisfied that you and your spouse intend to live together permanently in the UK. They are likely to enquire whether you are both committed to stay together irrespective of whether you live in the UK or not. They will enquire about the length of your relationship and seek evidence to support this such as:

  • Evidence of any previous co-habitation
  • Evidence of contact when not living together, i.e. e-mails, letters, cards
  • Statement from your spouse outlining your relationship and future plans together
  • The same from yourself
  • Evidence that you and your spouse have discussed and come to an understanding about where you are both going to live, if only in the short term.

Permanent breakdown of previous relationships

You and your spouse are required to provide evidence regarding any previous marital or other relationship akin to marriage you have had. You will be asked to specify how long ago the previous relationship was terminated, either by divorce or by separation, and to provide documentary evidence of this.

Maintenance

The ECO will want to see that your spouse can be maintained (financially supported) without using any public funds. Your spouse will be expected to show they can be supported through using their own funds or funds provided by you. The ECO can also take into account any prospective employment for your spouse. Please note that any offers of employment must be genuine and supported by evidence.
To satisfy this part of the requirements you and your spouse would be advised to submit the following:

  • Bank statements covering the last 6 months (for current and any savings accounts)
  • Wage slips covering the last 6 months (if possible)
  • Any other evidence of funds/assets
  • Evidence of prospective employment for your spouse (if possible)
  • Evidence of your spouse’s qualifications/work experience (if applicable)

The greater the level of income or savings available the easier it is to meet this requirement. If you or your spouse has a low income or if you are supported almost entirely through benefits, it might be difficult to meet this Rule which would affect the entire application.

Accommodation

The ECO will want to be satisfied that you and your spouse have somewhere to live which is adequate to house you and any other dependents. The accommodation does not have to be a separate property and could be living space within a shared property which has been reserved for your exclusive use. To satisfy this part of the requirements you and your spouse would be advised to submit the following:

  • Tenancy Agreement/mortgage details/letter from landlord to confirm tenancy (if applicable)
  • Any official documentation showing number of bedrooms and living space available (if necessary)
  • Report from Environmental Health Department to confirm that your property will not be overcrowded as a result of your spouse joining you (if necessary)
  • Evidence that rent/mortgage is consistently paid
  • Statement from owner of property if ‘accommodation’ is living space within a shared property

English Language Requirement

Non-European nationals seeking to obtain entry clearance under the Spouse rules will now need to demonstrate an ability to speak English. There is a specific English speaking and listening test (A1) which can be taken only with a UK Border Agency approved test provider.

You can also pass the English language requirement by either being a national of a majority English speaking country or having an academic qualification equivalent to a Bachelor’s degree in the UK which was taught in English

EEA FAMILY, PERMITS, RESIDENCE CARDS AND PERMANENT RESIDENCE CARDS

Nationals of the EEA and Switzerland have the legal right to stay in the UK for up to 3 months and you have the right to stay for longer if you are one of the following:

  • a worker
  • self-employed
  • a jobseeker
  • a student
  • self-sufficient, meaning that you have enough funds to support yourself without becoming a burden on the state.

After residing in the UK for 5 years you can apply for British Citizenship the following year. You can also apply for registration or a document certifying permanent residence as evidence of the right to live here.

Family members of EEA nationals are also entitled to live and work here exercising their Treaty Rights under immigration law. However they have to be related to EEA nationals in the following ways;

  • their husband, wife or civil partner;
  • their child, and under the age of 21;
  • their husband, wife or civil partner’s child and under the age of 21;
  • their child aged 21 or over and dependent upon them;
  • their husband, wife or civil partner’s child aged 21 or over and dependent on them;
  • their parent, grandparent or great-grandparent who is financially dependent on them;
  • their husband, wife or civil partner’s parent, grandparent or great-grandparent who is financially dependent on them.
  • their unmarried partner in a durable relationship;
  • other dependent family members who do not come into the categories above.

CHILDREN AND OTHER DEPENDANTS.

Children may be able to come to and/or stay in the UK if they are:

  • a child of a parent, parents or relative who is/are present and settled in the UK or being admitted for settlement;
  • a child whose parent has made an application for entry clearance or leave, or who has limited leave as a partner;
  • a child of a parent or relative with limited leave to enter or remain in the UK as a refugee or beneficiary of humanitarian protection.

Children adopted by someone who is British or has indefinite leave to remain can come to the UK as well as children of points based system immigrants who can also come to the UK.

Adult dependants of British citizens or someone who has indefinite leave to remain or refugee/humanitarian protection in the UK may be entitled to join them under certain circumstances.

This route is only available to applicants from outside the UK and should be related to the person in UK in one of the following ways,

  • Parent aged 18 years or over;
  • Grandparent;
  • Brother or sister aged 18 or over;
  • Son or daughter aged 18 years or over

ASYLUM AND HUMAN RIGHTS

Asylum

You may be entitled to apply for Asylum in the UK if you genuinely fear returning to your home country. You must clearly show that you have a well founded fear of persecution on the following grounds;

  • Race
  • Religion
  • Nationality
  • Membership of a particular social group
  • Political opinion

You must also show that;

  • the authorities in your country are unable or unwilling to protect you
  • you are unable to relocate to another part of your country to avoid the persecution

Family members of individuals who have been granted asylum in the UK may be able to apply and join them if they can show relation in the following ways;

  • Spouses, civil partners and unmarried partners;
  • Children under 18;
  • Parents, grandparents and other dependent relatives aged 18 or over.

We would be able to help you with your initial application for asylum as well as represent you in an appeal hearing in front of the judge in case the Home Office refuses the application.

Human Rights

It may be a breach of your human rights to send you back to your home country in some cases. Mainly under;

  • Article 3 – freedom from torture and inhuman / degrading treatment – for example because you have a medical condition that cannot be treated in your home country, or you face punishment but not for one of the reasons that leads to a grant of asylum;
  • Article 8 – private and family life – for example, because you have a partner and/or children in the UK and you would be separated from them if you had to go back to your home country.

POINTS BASED SYSTEM

TIER 1

The tier 1 visa is one of the most preferred choices for exceptionally talented, highly skilled workers, investors and entrepreneurs to enter the UK.
The point based system, based on the points scored by the applicant based in their performance in various areas of assessment, is designed to allow foreign professionals to live and work in the UK in exchange for contributing to the UK economy.

It comprises of 3 categories:

Entrepreneur visa

Tier 1 (Entrepreneur) is for non-European migrants who want to invest in the UK by setting up or taking over, and being actively involved in the running of, a business or businesses here.

You do not need to apply under the points-based system if:

  • You are a national of a country in the European Economic Area (EEA) or Switzerland
  • You are a British overseas territories citizen, unless you are from one of the sovereign base areas in Cyprus;
  • You are a Commonwealth citizen with permission to enter or stay in the UK because at least one of your grandparents was born here
  • You have no conditions or time limit attached to your stay.

Applicants must score 75 points and show that:

  • The applicant has access to at least £200,000: 25 points (max.) or have access to of £50k held in a regulated financial institution (25 points max.) which has been funded by:
    • an FSA registered Venture Capitalist firm;
    • a UK Government Department;
    • a Devolved Administration Department; or
    • an entrepreneurial seed funding competition recognised by UK Trade and Investment.
  • the money is being held in one or more regulated financial institutions: 25 points (max.)
  • the money is disposable in the UK: 25 points (max.)

Non-EEA nationals must complete a continuous residence period of 3 or 5 years in an eligible immigration category before applying for settlement.

It may be possible to apply for settlement after three years if:

  • your business has created at least 10 new full-time jobs for settled people; or
  • you have established a new UK business that has had an income from business activity of at least £5 million during a 3-year period while you have been in the UK under Tier 1 (Entrepreneur); or
  • you have taken over or invested in an existing UK business, and your services or investment have resulted in a net increase of £5 million in that business’s income from business activity during a 3-year period while you have been in the UK under Tier 1 (Entrepreneur), compared to the immediately preceding 3-year period

Applicants should not have been absent for more than 180 days in any 12 month period and the continuous residence period, of 5 years normally, can include time spent in the UK as a business person or an innovator

Investor visa

The Tier 1 (Investor) category is for high-net-worth individuals who want to make a substantial financial investment in the UK. Applicants can apply under the Investor category if they have access to:

  • £1m that is disposable in a financial institution or
  • £2m in personal assets and £1m by way of a loan

Applicants do not need a job offer to apply in this category nor are they required to meet any English Language requirement.

The qualifying period for settlement depends on the sums invested, so there are 3 categories:

  • £1 million and more
  • £5 million and more
  • £10 million and more

Non-EEA nationals must complete a continuous residence period of 2, 3 or 5 years in this category before they can apply for settlement. It may be possible to apply for settlement after three years if:

The continuous residence period is 2 years if:

  • you have money of your own under your control in the UK amounting to at least £10 million; or
  • you own personal assets with a value (once any liabilities are taken into account) of at least £20 million, and you have at least £10 million under your control and disposable in the UK which has been loaned to you by a UK regulated financial institution.

The continuous residence period is 3 years if:

  • you have money of your own under your control in the UK amounting to at least £5 million; or
  • you own personal assets with a value (once any liabilities are taken into account) of at least £10 million, and you have at least £5 million under your control and disposable in the UK which has been loaned to you by a UK regulated financial institution.

The continuous residence period is 5 years if:

  • you have money of your own under your control in the UK amounting to at least £1 million; or
  • you own personal assets with a value (once any liabilities are taken into account) of at least £2 million, and you have at least £1 million under your control and disposable in the UK which has been loaned to you by a UK regulated financial institution.

Exceptional Talent

Exceptionally talented migrants in the fields of science, arts and humanities who wish to work and eventually settle in the UK can apply for via through this route.

The applicant has to show international recognition as one of the world leaders in his field or that he/she shows exceptional promise to become one of such leaders.

You would need to be endorsed by a specified designated competent body which include the following:

  • Arts Council – for arts and culture applications
  • The British Academy – for humanities and social science applications
  • The Royal Society – for natural sciences and medical science research applications
  • The Royal Academy of Engineering – for engineering applications.

TIER 2

The Tier 2 (General) category is for foreign nationals who have been offered a skilled job to fill a gap in the workforce that cannot be filled by a settled worker.

There are four categories under Tier 2 and they would require a sponsorship certificate from their sponsors in order to make an application in line with the certificate:-

Tier 2 (General)

This application is for non-EEA nationals with a specific skilled job offer to fill a gap in the resident workforce

Before you apply under the Tier 2 (General) Skilled Worker category, you must have:

  • a sponsor; and
  • a valid certificate of sponsorship.

When you apply you will be awarded points based on your:

  • qualifications;
  • future expected earnings;
  • sponsorship;
  • English language skills; and
  • available maintenance (funds).

Tier 2 (Intra-Company Transfer) (also known as ICTs)

This application is for employees of multinational companies who are being transferred by their overseas employer to a UK branch of the organisation either on a long-term basis or for frequent short visits.

There are 4 sub-categories:

  • Long-term staff – this is for those employees who are established and skilled being transferred to a UK branch in their organisation for more than 12 months to fill a post. Usually this post cannot be filled by a new recruit from the resident workforce.
  • Short-term staff – for established, skilled employees being transferred to the UK branch of their organisation for 12 months or less to fill a post that cannot be filled by a new recruit from the resident workforce
  • Graduate trainee – this route allows the transfer of recent graduate employees to a UK branch of the same organisation, as part of a structured graduate training programme which clearly defines progression towards a managerial or specialist role.
  • Skills transfer – this route allows the transfer of new graduate employees to a UK branch of the same organisation to learn the skills and knowledge required to perform their job overseas, or to impart their specialist skills or knowledge to the UK workforce.

Tier 2 (Sports People)

Only elite sports people and coaches who are internationally established at the highest level would be able to apply under this category.

Tier 2 (Minister of Religion)

You can apply for leave to enter or remain in this category if you have been offered employment or a role within your faith community in the UK as: a minister of religion; a missionary or a member of a religious order.

The applicants would be required to score at least 70 points in total to successfully apply for visa in this route. The points would be claimed under the heads of attributes, English language and maintenance.

Tier 4 (Student)

A Tier 4 Student Visa is applicable to you if you have been accepted onto a course of study at a recognised UK educational institution (as defined by the UK Border Agency).

The applicant must have acceptable English Language skills and score 40 points in the points-based assessment. You can score:

  • 30 points for having a valid confirmation of acceptance for studies (CAS), which you are given when you register for a course at an acceptable level with an approved education provider (also known as a ‘Tier 4 sponsor’), and for having acceptable English language skills; and
  • 10 points for having enough money (also known as maintenance or funds) to cover your course fees and living costs

IMMIGRATION APPEALS

Should your Visa application have been refused or you wish to challenge the decision of the UKBA, we can provide you with assistance to help appeal the decision.

The First-tier Tribunal (Immigration and Asylum Chamber) is an independent Tribunal dealing with appeals against decisions made by the Home Secretary and her officials in immigration, asylum and nationality matters.

The main types of appeal we receive are made against decisions to:

  • refuse a person permission to enter the UK
  • refuse a person permission to remain in the UK
  • deport somebody already in the UK
  • refuse a person asylum in the UK

The Upper Tribunal (Immigration and Asylum Chamber) (UTIAC) is a superior court of record dealing with appeals against decisions made by the First Tier Tribunal. Appeals can be made by the Secretary of State / Entry Clearance Officer or by the original appellant in the appeal.

The Upper Tribunal will decide whether the decision of the First-Tier Tribunal was correct in law. If the Upper Tribunal deems that an error of law has been made in the decision of the First-Tier Tribunal, it can substitute its own decision in place of it, or order the First-Tier Tribunal to rehear the initial appeal.