If you are married to a British Citizen or a person present and settled in the UK (ILR holder), you can apply for entry clearance as a spouse under section Appendix FM of the Immigration Rules. The applicant applying for entry clearance as a spouse of a British Citizen or a person settled must meet the following requirements:
- Fit the suitability criteria as set out in the Immigration Rules.
- Be in a genuine and subsisting relationship as a spouse of a person present and settled in the UK.
- Meet the financial requirement whereby the UK spouse of the applicant must earn at least £18,600 gross per year (from employment, self-employment or other means) or otherwise have savings of £62,500.
- Have adequate accommodation enabling both the applicant and the UK spouse to be accommodated in the UK without recourse to public funds.
- Demonstrate their ability in English at CEFR level A1 as required by the UK Immigration Rules.
The applicant must provide evidence that the sponsor’s gross annual income is at least:
- £18,600; with an additional £3,800 for the first Non-EEA child; and £2,400 for each Non-EEA additional child; alone or in combination with specified savings of – (i) £16,000; and (ii) additional savings of an amount equivalent to 2.5 times the amount which is the difference between the gross annual income and the total amount required.
When determining whether the financial requirement is met only the following sources will be taken into account:
- The income of the partner from specified employment or self-employment, which in respect of a partner returning to the UK with the applicant, can include specified employment or self-employment overseas and in the UK;
- specified pension income of the applicant and partner;
- any specified maternity allowance or bereavement benefit received by the partner in the UK;
- other specified income of the applicant and partner; and
- specified savings of the applicant and partner.
If the applicant meets the requirements they will be granted entry clearance for an initial period not exceeding 33 months and subject to a condition of no recourse to public funds (benefits, etc.).
If an application for entry clearance as a spouse is refused by the Entry Clearance Officer (ECO) processing the application, an entry clearance appeal can be filed with the First Tier Tribunal within 28 days of the date of receipt of the refusal letter.
Here’s how West London Immigration Services can help you
Our expert Immigration Advisors are experienced in dealing with applications for entry clearance as a spouse or partner (unmarried/civil) of a British Citizen or a person present and settled in the UK. Our background and knowledge base enables us to flag any issues and work to ensure your application has the best chance of success. Contact our OISC (Office of the Immigration Services Commissioner) regulated approved advisors for fast, friendly, reliable, honest and professional immigration services.
Upon appointment our Immigration Advisor would do the following throughout the representation process:
- Take detailed instructions from you and advise you of the relevant immigration laws and procedures to which compliance must be demonstrated to the Entry Clearance Officer (ECO) who will assess your UK spouse visa application.
- Discuss your application for entry clearance for a UK spouse visa in detail with you advising you on the weaknesses and strengths of your application.
- Advise what documentary evidence must be submitted in support of your UK spouse visa application.
- Carefully consider the contents of the documentary evidence to be submitted in support of your UK spouse visa application and engage in a supportive discussion of this with you.
- Complete the relevant immigration form for your UK spouse visa application and discuss the same with you.
- If relevant to your case, our advisor will prepare a sponsorship declaration for you.
- Prepare a cover letter to introduce and support your UK spouse visa application.
- Liaise and follow up with the Entry Clearance Officer for an expeditious decision on your spouse visa application.
- Advise you of the Entry Clearance Officer’s decision and of any implications.
Call us on 0191 3862 327 for more information, a free initial assessment of your requirements, and fee details.
Alternatively, click on the link below and complete an online enquiry.