The UK’s immigration system is multi-faceted and therefore many require legal support for Spousal Visas. We have helped many couples navigate the complex immigration system. If you are currently looking to join your family in the UK, then knowing which steps to take can be confusing. Here, JMR Solicitors give you some tips to help with your Spousal Visa.
Find the right visa type for your circumstances
If you have found that your partner is looking to move to the UK or already lives in the UK and you’re keen to join them, then you need to find the right visa for your situation.
- If your partner currently has their own points-based visa then you will need to apply as a points based dependant.
- If your partner is currently an EU or EEA citizen, you will need either an EEA Family permit or an EU Settlement Scheme family permit.
- If your partner is a British Citizen or someone who has indefinite leave to remain, refugee status, or humanitarian protection in the UK, you will need to apply for a family visa.
Know the eligibility requirements for the family visa
It is important to know that to get a spouse or partner visa, you must prove your relationship status.
Eligible relationships are:
- A marriage or civil partnership legally recognised in the UK
- A relationship where you have been cohabiting for two years minimum
You can also obtain a family visa if you want to come to the UK and plan to get married or enter a civil partnership, whereby you will be granted a 6 months visa.
Apart from the eligible relationship obligation, you also need to show that you have enough income as a couple for maintenance. Furthermore, you must have the required level of English Language skills.
The financial requirements to meet visa criteria
Some people say that financial obligation is one of the trickier parts of obtaining a visa. This is because you must have an income of at least £18,600 for a family visa. Children will increase this to £3,800 for your first, and £2,400 for any additional. Providing proof of this income is often difficult if you do not have consistent employment and if your income is variable each month, which can be true for self-employed people.
Organise documents for evidence before starting your application
Each condition of the visa will need supporting evidence, often in the form of paperwork. Therefore, you will need to keep your bank statements, wage slips and such to hand. Some documents are simple requests such as a passport to prove your identity. Whereas other bits of evidence are time-consuming to prepare, such as, translating a marriage certificate if needed.
Some of the documents you will need are bank statements, wage slips, and letters from employers to prove you meet the financial requirement. Preparation is key to a successful family visa application.
Timing of your spouse visa application is key
Sometimes, you must wait to provide the correct documentation, and therefore timing your application to increase your chances of success are mandatory. For example, your partner may have only just started working, and you might consider waiting 6 months to provide the necessary evidence for the financial requirements necessary.
You also need to make sure that you can apply for the spouse visa before the end of your current visa if you are already in the UK, as that means you can stay while your application is being processed.
Legal support for spouse visa
If you are looking for further advice on applying for visas for you or your spouse, JMR immigration solicitors on 0161 491 3933 or email email@example.com