If you want to enter the UK and you have a partner in the country at present, you may be wondering more about your rights and how to make an application for the entrance clearance. Below, we will reveal everything you need to know about getting entrance clearance as a partner or a spouse of a citizen in Britain.
What are the current rules if you are married to a British Citizen or an individual who is settled and present within the UK?
If you are married to a British Citizen or an individual who is settled and present within the United Kingdom, i.e. an ILR holder, you have the ability to make an application for entry clearance as a spouse. This is as part of the Appendix FM of the Immigration Rules.
However, it is imperative to realise that there are strict rules and regulations in place, which we will outline below.
- You must fit the suitability criteria that has been set out and outlined within the Immigration Rules.
- You need to have a subsisting and genuine relationship with the person within the United Kingdom. You cannot be in a relationship with them purely for the purpose of trying to get access to the UK.
- You need to meet the monetary requirement that is in place within the United Kingdom as well. This means that the spouse within the UK needs to either have £62,500 in their savings or they must earn a minimum of £18,600 gross per annum, either via employment, self-employment or any other type of means. You will only be exempt from meeting this requirement in certain situations e.g. if you are over 65 years old and/or in receipt of certain benefits such as Personal Independence Payments. In addition, If you are unable to meet the Minimum Income Requirement and can show exceptional circumstances, the decision maker must consider whether a refusal would breach your human rights. Please contact our office to discuss this in more detail.
- You also need to have sufficient accommodation once you get to the UK. This means that your spouse must be able to house you without needing to rely on public funds.
- Finally, you need to show that your English is at a sufficient level, which is the CEFR level A1. This is something that is demanded by the Immigration Rules in the UK.
You will need to supply evidence that all of the above is applicable to you.
Help is available at SMA Law
Here at SMA Law, we can help you to fulfil your requirements when it comes to getting your visa. We have many years of experience in the industry and we can ensure you have the best chance of being permitted entry to the country.
We will provide you with information regarding the immigration procedures and laws that are relevant to you, which must be demonstrated to the ECO, i.e. Entry Clearance Officer. We will also speak with you regarding your entry clearance application so that you know where you stand and what you should do to give yourself the best chance of proceeding.
We can make sure that you submit all of the required documentary evidence so that your application has the best chance of being successful. We will also fill in the relevant immigration form for your application for a UK spouse visa or family visa, ensuring it is handled above board. Once a decision is made, we will ensure you are informed right away.
For information on discretionary leave to remain spouse visa take a look at our website