Long Distance No More: How to Reunite with Your UK-Based Partner Permanently

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To grant your partner permanent residence in the UK, it is likely the Spouse Visa will be needed and will have certain qualifying requirements that must be fulfilled.

The need for lawful status or immigration rights in the UK is not automatic, despite marriage to a British citizen or a person settled in the UK. Therefore, even if your wish is to commence this next family life chapter fast and with minimum disturbance and financial expense, your Spouse visa UK application procedure should be prepared well.  The Home Office takes a hard line whilst considering spouse visas, so please ensure you have followed the correct process and that you provide a comprehensive submission evidencing your eligibility. This includes a valid marriage, a genuine relationship, finances being correctly satisfied, and so forth. 

Application Procedure for Life in the UK as a Couple

Apply Online: Apply for the spouse visa online through the UK Visas and Immigration website. Gather Documents: Collect all required documents, including your passport, proof of your relationship,  marriage certificate, evidence of your partner's savings or income, and other required documents. Pay the Fee: Pay 1938 pounds as a part of the spouse visa UK fees if you are applying from outside the UK and 1321 pounds if applying from within the UK. Biometrics Appointment: Attend your biometrics appointment to provide fingerprints and a photograph. Wait for Decision: The Home Office will review the application and decide on its outcome. The spouse visa UK processing time is set at 12 weeks.  Travel to the UK: Once your visa is granted, you may travel to the UK to live with your partner. 

Minimum Income Requirement For a Spouse Visa 

For an application under Appendix FM under the UK spouse visa settlement route, you must meet at least the minimum income requirement and provide documentary proof of the same.  Where the partner is to be first joined in the UK on or after 11 April 2024, the minimum income requirement would be an income of not less than £29,000 a year, without variation for the number of dependent children in the family.  The difference will arise if you are salaried, get paid under an offer of employment, have other income sources, or would like to use pensions, cash savings, or benefits to meet the income requirement. Your partner, if applied for before 11 April 2024, should meet the income requirements of £18,600 in the absence of children.  There are niches where your partner can still acquire leave even if you do not meet the income requirement. For example, if you receive particular welfare benefits like Carer's Allowance or Disability Living Allowance, you may be exempt from meeting the income requirement.  If you fail to satisfy the above-stated minimum income requirement, other sources of income can be considered.

Partners: Right to Family Life

If you fail to meet the income requirements, you can still apply for the right to stay (or enter) in the UK based on your right to family and private life in the United Kingdom. The Home Office rejects most applications based on human rights, but you might be able, in certain instances, to appeal a refusal for a partner or spouse visa to the First-tier Tribunal. The Home Office (or the judge on appeal against the refusal) should consider whether you and your UK-settled partner comply with the immigration rules concerning these applications. If you fail to meet the criteria of the immigration rules, the Home Office/judge should then consider your application in terms of discretion and determine the existence of exceptional circumstances that would afford your partner the right to enter/stay. 

The immigration rules permit you may apply for the right to remain on the grounds of family life if:

  • There exists a subsisting and genuine relationship

  • With a partner who settled in the UK, who is a British citizen, or who holds Indefinite Leave to Remain, Humanitarian Protection, or Refugee Status

  • Insurmountable obstacles exist to your family life (with your partner) continuing outside of the UK.

You must provide proof showing that your relationship with your partner is genuine. The Home Office may invite both of you to an interview to assess the evidence. The attendance for the interview should include both you and your partner if both of you are in the UK.

Accommodation Requirement

Spouse visa holders are expected to stay permanently in the UK with their partners. The latter should adequately provide proof that they can offer and pay for accommodation for their spouse and any dependents, without resorting to benefits or state support. The said accommodation could be anything from a home to an apartment, owned, under mortgage, or rented. The type and size of accommodation should be adequate for the number of people in t

Indefinite Leave to Remain (ILR) 

he family. For each child over the age of one, you should have one extra bedroom. After living in the United Kingdom as a spouse for a certain period, you may apply for ILR, allowing you to reside permanently in the UK. To be eligible to apply for ILR, you must have met residency requirements, prove you are in a genuine and subsisting relationship, and prove other requirements.

Conclusion 

The UK spouse visa allows people to live together in the UK as partners or spouses. Children may be able to apply for visas as dependents to join the family in the UK. It is worthwhile to ensure that you speak to an immigration lawyer or an advisor to make sure your application will stand. Be aware that there are always changes in UK immigration rules, and be attentive to staying updated when you can. Make sure to comply with all the immigration including a genuine relationship, adequate accommodation, sufficient financial standing, and others. Refrain from providing any false information, as the Home Office may prevent you from further applications if you get caught. 

 

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