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Applying for a Spouse Visa

Applying for a spouse visa can be come a stressful process, given the changes made to the UKVI website and the specified evidences required to submit your immigration application. A spouse visa allows you to apply or join your settled partner in the UK.

A person applying for the spouse visa, who wishes to come to or remain in the UK, usually chooses to do so because they feel it’s in their best interest to do so. A family cannot necessarily exercise that choice however, unless the requirements of the Immigration Rules are met.

There are costs to the taxpayer which arise from migration to the UK including for example, provision of education for children of compulsory school age, a sponsor’s entitlement to claim tax credit or child benefit for their partner’s children and costs arising to the NHS. Being able to speak English aims to encourage integration. Family life must not be established here at the taxpayer’s expense and family migrants must be able to integrate if they are to play a full part in British life.

In some cases, families may have to wait before they are able to meet the requirements to enter the UK. In today’s global economy it may be that families choose to separate for work or other reasons in order to satisfy the immigration requirements of the country in which they wish to live together.

The spouse visa category must be read together with the immigration rules, which sets out the specified evidence which must be submitted with a visa application made under the spouse visa category. When applying for the spouse visa, you must provide documentary evidence relating to the relationship requirements specified in the immigration rules policy, such as evidence that the marriage or civil partnership is valid in the UK.

Most UK spouse visa applications are refused, due to lack of evidences and information. So how can I make sure the UK spouse visa application does not get refused? Not all evidence in family or private life applications is specified under the immigration rules, due to the variety of evidence that may be provided for example, to demonstrate
a genuine and subsisting relationship to a child, or an unmarried couple having lived together for more than 2 years.

Where you apply for the spouse visa, an applicant will normally be refused if they fail to meet these suitability
requirements, or may be refused if they fail to meet these suitability requirements, you should look at the nature of the suitability issues being considered in the context of the application as a whole, and decide whether those issues are sufficiently serious to refuse on the basis of suitability (bearing in mind that anything which comes within these criteria should normally or may be refused) or whether there are compelling reasons to decide that the applicant meets the suitability criteria. This will be a case-specific consideration.

Please remember to disclose all information when applying for a spouse visa. If you fail to disclose information, this could lead a 10 years ban to your entry to the UK. Make sure on the spouse visa you provide correct information. Challenging these through an appeal or judicial review can be both costly and stressful.

So when you apply for the spouse visa, you need to show that you have met. Its not using modern technologies. The Tribunal and the Courts have explained that when a person applies for a spouse visa, they must have met physically.  A mutual sighting or mere coming face-to-face followed by telephone or written contact would not suffice. The Tribunal has decided that ‘met’ implies a face-to-face meeting itself resulting in the making of mutual acquaintance.

Under the spouse visa application, the partner of a member of HM Diplomatic Service or of a comparable UK-based staff member of the British Council, Department for International Development or Home Office on an overseas tour of duty can serve their probationary period overseas once they have been to the UK to trigger the start of that period, subject to providing the specified evidence.

Therefore, if the applicant is the partner of such a person and has been living with them whilst they have been posted overseas, it will normally be accepted that this is consistent with the intention to live together permanently in the UK, subject to provision of the specified evidence. The applicant must, however, prior to their leave expiring, return to the UK to make an application for further limited leave to remain of 30 months or for indefinite leave to remain, as appropriate.

Getting help on applying for a UK spouse visa from ICS Legal will ensure you get your application lodged with the correct information and evidences. It avoids refusal of a spouse visa. As a leading UK legal firm for over 14 years, ICS Legal are able to advise, explain and help on the migration process of the UK Spouse Visa.