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Applying For A UK Spouse Visa And Human rights

Applying for a UK Spouse Visa and Human Rights

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When applying for a UK spouse Visa or marriage Visa, you need to consider a number of factors including meeting the financial requirements.

Here are some key requirements to consider:

  1. Each person must receive consideration of their family and individual circumstances, taking in to account all matters raised on a case-by-case basis. Home Office will look at an application on it’s own. You need to make sure that the information and evidences supports your spouse Visa application.
  2. In the spouse Visa application, consideration are looked into. First, you must consider if the application relies on dependencies between family, whether the applicant meets the general, suitability and eligibility requirements of the family Immigration Rules; or, if the application is from an individual and relies solely on the basis of private life in the UK, the private life Immigration Rules under paragraphs 276ADE(1)-DH of Part 7.
  3. The financial requirements and showing adequate accommodation is also important on the UK spouse Visa application.
  4. English language is required but there are grounds for exemptions.

UK Spouse Visa, marriage and relationship

Where a proposed marriage or civil partnership referred to the Home Office under the 2014 act scheme is investigated by the Home Office because we have reasonable grounds to suspect it is a sham, and where we have notified the parties that one or both of them have not complied with the investigation, the marriage or civil partnership will not be able to proceed on the basis of that notice. The referral, the non-compliance decision and any information or evidence as to sham will be recorded.

It must note that the evidences and information you provide will determine the application on whether this is a genuine relationship. A spouse Visa application is based on right evidences to support the Visa application.

In light of the findings in the case of the Secretary of State for the Home Department v Balajigari and Others [2019] EWCA Civ 673, an applicant should be given the opportunity to respond to an allegation, that means the applicant will fall for refusal on grounds of suitability, before the application is finally decided.

Why Best Interest of Children?

Children, UK Spouse Visa and showing there a genuine and subsisting parental relationship. That is important part of the application for the spouse Visa. The term ‘parent’ is defined in paragraph 6 of the  UK Immigration Rules. A parent however, does not necessarily have a genuine and subsisting parental relationship to a child. Similarly, a person who is not a child’s parent may have a genuine and subsisting parental relationship to a child, where they are playing a genuinely parental role in a child’s life.

You must be satisfied that the applicant has parental responsibility for the child. This can be the case even where there has been no finding of whether they are recognised as the person with parental responsibility in law, for example through provision of a court order or following formal adoption of the child. You may decide that there is no genuine and subsisting relationship where for example, a parent has the benefit of a court order but chooses not to, or chooses only unreliably and infrequently, to take up contact.

The contact can be indirect although it is likely, although not inevitable, that a relationship will not be sufficient to engage Article 8 if there is no or infrequent contact. Where the contact is not direct, the reasons for that must be adequately considered. It is not generally expected that more than 2 people could be in a genuine and subsisting parental relationship with the child. Other people who spend time with or reside with the child in addition to their parents, such as a grandparent, aunt or uncle or other family member, or a close friend of the family, do not generally consider to have a parental relationship with the child for the purposes of this guidance. Where there are 2 parents, unless evidence is provided to the contrary, it should be assumed that one or both could provide parental responsibility for the child.

Speak to our team about the UK Spouse Visa application, you can call us on 0207 237 3388 or you can email us at info@icslegal.com.

 

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