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Frequently asked questions

Why choose ICS Legal?

We specialise in Immigration Law, Human Rights Law, British Nationality Law & European Law. Our lawyers provide honest, exceptional service to our clients. We believe that our service starts when we submit your application and we want our client to know we will keep them informed, answer there questions and your case worker will be just a phone call away.

What is the benefit of using our legal services when you want to come to the UK or extend or switch?

Our speciality lies in the field of Immigration, Nationality and EU Law, so it means we always are dealing with this side of the law. We are able to support you in making a correct decision, avoid delays on your case, save money and time, not forgetting the stress of any doubts with your application.

There are many routes available to come to the UK, extend or switch, some of them do not allow extension or even switching. Knowing what is right can be a difficult task and this is why we are here. Simple task of not using the prescribed forms can mean your application is invalid, which means if you have no valid stay, you would have to return back and there is no appeal rights.

Our initial consultations are a chargeable service. We initially discuss the requirements of the application to ensure you meet the requirements and have the documentation required at hand for the submission. It gives you an opportunity to meet us and ask questions.

Each case will be checked thoroughly, everything will be cross referenced so guidelines are met and we will also add our legal document which would outline the Immigration Rules and how the client has satisfied the rules. We use documents that are used by Home Office case workers, so we know exactly what they would look for in your case.

The most important fact is that law constantly changes, policy guidelines and requirements are always changing, so it is best that you always use specialised services to support you. We never compromise our services, our fees remain very competitive but our expertise is at the very highest standard.

How can I trust your service?

We are regulated by the Office of the Immigration Services Commissioner (OISC). OISC is the government regulated body and it is a criminal offence if someone is providing Immigration advice without being regulated by the OISC. We are also members of Joint Council for the Welfare of Immigrants (JCWI). JCWI is an independent national voluntary organisation, campaigning for justice and combating racism in immigration and asylum law and policy.

What happens in the initial consultation?

Your case worker would take some background information regarding yourself. Relevant questions would be asked to ascertain whether your case can be handled by our team. You will also be able to ask questions, understand what is required to meet the Immigration Rules, Nationality Law and EU Law where relevant. Should we be able to provide assistance, your case worker will give you a customer care letter whereby it would outline the service agreement and the cost associated.

What happens after the consultation?

After each consultation we aim to provide a consultation report which would outline what was discussed, the action plan and what to do next.

When I meet the caseworker and I disclose personal information, would this be disclosed to anyone else?

We have a procedure in place for ensuring client confidentiality. We keep the affairs of our clients and all information relating to our clients confidential, except where we are compelled to disclose information by reason of a legal or regulatory obligation.

What is a customer care letter?

A customer care letter from us will ensure that we outline the service we would be providing, it would also provide a break down of the costs associated so you can rest assure that there are no hidden charges and that fees do not go up unless changes are made (i.e. Home Office fees etc).

Once I sign the customer care letter and my case would possibly fail, do I still have to pay your fees?

We place our clients first, so when you sign the customer care letter and we go through your case file, and we believe that the case would not be successful, we will terminate the agreement and return your documents. We will also provide alternative solutions with no added costs. We also have a cancellation period should you feel you want to withdraw your file.

 

Please note that all cases cannot be guaranteed as circumstances depends and whether you met guidelines, however the Home Office caseworker can still refuse cases on the balance of probabilities and other factors. Our job would be to prepare your case in the best possible way.

Do you provide one day Premium Services?

Yes, we have a special provision with the Home Office and majority case decisions are made on the same day.

Do you do “No Win No Fee”?

As a private legal firm, we want to ensure we can provide the service you want. Our fees are very competitive and that is why we do not provide a No Win No Fee service as we do not feel the need to over charge our clients with such schemes.

How is the fees paid and are there any surprises?

With us, you will know exactly what we would be charging. The fees are to be paid through cheque, cash or bank transfer. Home Office fees can be paid to us and we can make the payment on behalf of you. If there is any changes in Home Office fees, we will let you know immediately.

How often would I get updated once my case have been submitted?

Our commitment to our clients is that we will update you every time we get an update from the Home Office. The waiting period can be a very daunting time as decisions can be life changing however the Home Office do set some guidelines on waiting times, but we intend to keep you updated throughout the process.

Can you guarantee an application?

No, and this is the same even if you use a no win no fee service, it would be impossible for anyone to guarantee a successful application. The likelihood of an application being successful can be given based on previous cases or success rates, however we do not operate such a policy of selling our services based on previous applications.

What is your aftercare service?

We aim to ensure that this service is not used by any of our clients, but there are times where even with the best possible applications are unsuccessful. As we take our clients cases personally, we would like to provide a helping hand. We have designed an aftercare service whereby if your case fails, then your case worker would be able to help you look at other formalities of staying in the UK should you have valid leave still remaining or help you make an out country application. Please note should you require appealing on your matter, we can only deal with the initial appeal and your application will be straight away referred to an advisor who deals with representations.

Can I give you feedback on your service?

It is vital that all our clients can provide honest feedback, we would encourage this and this helps us to become better on our service delivery.

Can you help me find a UK Employer to sponsor a work permit or find me work?

No, we are a law firm which provides support in UK Immigration, Nationality and EU Free Movement Rights. However we have a subsidiary company which is jobslibrary.co.uk whereby you can look for work, apply and discuss with potential employers. We cannot influence any decisions and finding work is not something our team deals with.

How we deliver service

1) You contact us through e-mail or phone.

2) We take some basic information, we ask some relevant questions to understand the type of query and what type of support is required.

3) Your case then gets passed to a case worker.

4) Case Worker would contact you to set up an initial meeting.

5) You attend a consultation, an action plan is drawn up and we find out whether ICS Legal can support your case. A report would be sent where there is a requirement to outline what was discussed and what to do next.

6) You authorise us to be your legal representative by signing our customer care letter.

7) We will then start to request documents and information about your case this will build up your case pack.

8) We will then write our legal report and use Home Office caseworker’s documents to ensure everything has been checked and all requirement have been met.

9) Where possible we will go through every aspect of your case before case submission.

10) We will continue to update you throughout the case life cycle .

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Apply for a UK Spouse Visa | UK Spouse Visa

UK Spouse Visa, spouse visa uk, uk spouse visa extension, spouse visa requirements, uk spouse visa fee, indefinite leave to remain uk spouse

Reading time: 13 minutes. 

The UK Spouse Visa allows you to bring your spouse/partner to the UK under the family immigration program. Since 9th July 2012, this has undergone a number of changes, which can be seen following the Statement of Changes.

To apply for the spouse immigration program, you will need to provide specified evidences at the date of application, as the burden of proof sits on the Applicant as well as their Sponsor to provide correct evidences that meet the published Immigration Rules Appendix FM.

UK Spouse Visa overview

The scheme allows you to either bring your spouse/partner to the UK or allow them to extend their stay in the UK, if they are in the UK already, for example, they hold a work or student program. 

Importantly, the case of MM (Lebanon) & Others v SSHD [2017] UKSC 10 and Agyarko & Ikuga v SSHD [2017] UKSC 11, which is a judgement served by the Supreme Court, provides the framework to the Home Office case-workers.  

As part of the application, consideration on the impact it has to family life of both the Applicant/Sponsor as well as their wider family members, sometimes including children under the ages of 18 years and this was the correction applied following the ruling of the Supreme Court judgement. 

We know that there are 2 parts when considering family life. The key element is that family life must exist and there must be respect provided by the public body. The next question is whether there can be justified interference in the interest of national security, public safety or the economic well-being of the UK by the public body. This part of the consideration is helped by the developed case laws.

How ICS Legal can help
At ICS Legal, our carefully crafted, personalised solutions are designed around your unique circumstances, lifestyle goals, and a variety of other considerations. We offer comprehensive support for all your immigration needs, including:
  • Tailored guidance on immigration strategies and available options.

  • Preparation and submission of government applications.

  • Ongoing support to help you maintain residency or citizenship after arrival. 

We strive to be an integral part of our clients’ success by providing representation, services and strategic advice to achieve a favourable outcome on their legal matter. As part of our ways of working, we help to do the following:

  • Listen & understand your personal circumstances and then use our legal industry-experience, to advise on how we would approach your program application. 
  • Provide you with first class legal advice based on our expertise and an in-depth knowledge of the legal process, so when we provide you with directions, we make sure you have the most-updated information to avoid a refusal
  • Our Lawyers have excellent understanding of the ever-changing processes, to ensure at the time of the submission, you are made aware of any impactable changes. 
  • We meet the challenging immigration rules by ensuring all specified evidences are advised on and that our legal representation sets out the key areas of the application, to make sure these are considered at the date of decision. 

The following provides you a confirmation of key elements to the application:

  1. The relationship being genuine & subsisting with the intention to live together permanently in the UK. For example, a couple, who currently lives outside of the UK intend to relocate to the UK, must ensure that the sponsoring partner must also consider to make the UK his/her principle home. Evidences related to the relationship are not being specified by the Immigration Act however reasonable evidences are required. 

  2. English language requirements. Now the immigration policy related to this continues to change. We know that basic A1 level is required; however the extensions and following applications will require English language at a higher level. We know that a number of applications are simply refused due to the wrong tests being taken, test is out of date, and wrong test or location is chosen.

  3. Financial adequacy or financial test is required to be met for the application. Now, exemptions can apply for the financial test, however this depends on what the sponsoring partner is currently relying on, and whether the financial adequacy can be met. There are a number of ways that the financial tests can be met. 

  4. The final requirement is the adequate accommodation. It requires that a couple must have access to one room exclusive use, so you can remain at a family home or rent privately or it could mean that you own the property that the couple would reside together.

The application could also be refused on suitability of leave to enter or remain, which is similar to what is outlined under Part 9 of the Immigration Rules. 

Meeting the financial requirements

The Home Office strategy is to ensure that the public interest arguments are being met and that is to make sure, that you & your partner can support yourself in the UK without recourse to public funds.

Meeting the financial requirements is a critical part of your UK spouse visa application, and here are some of the ways you can meet the financial test:

  • Employment.

  • Self-employment.

  • Business income. 

  • Cash savings. 

  • Investments and income from third party sources. 

  • Third party sponsorship. For example, if you dont meet the financial requirements, then you may be able to rely on a third-party sponsor. 

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The financial requirements requires both the applicant's & sponsor to demonstrate the following:

  • £29,000. 
  • There are no further requirements to meet if you have dependent children applying. 
  • The financial requirements will change to £38,700. 

At the time of your application, all income must be derived from reliable source of income. All employment or self-employment income must come from working legally either in the UK or outside of the UK, without breaching any conditions set out. 

If you are in the UK, the applicant must have permission to work in the UK. Where your in the UK, your work conditions will set out the terms of your working rights. 

Paragraph 39E of the Immigration Rules sets out conditions in respect to a person in the UK.  

The financial requirements are key part to the application, and in most cases, this is an area where most applications fail. The case-work guidance does not allow any discretion or flexibility related to the financial threshold that is required to be met.

In all cases, this is being applied to ensure that the public interest strategy is being followed and that the sponsor are able to demonstrate that those either coming to the UK or extending their stay in the UK, meet the financial threshold. 

Transitional arrangements on the financial requirements

The immigration rules are in constant changes. Those who have applied prior to the changes applied on the 11th April 2024, must continue to meet the previous financial requirements. 

  • £18,600. 
  • £3,800 for a first child, who is not British, settled, or a European Economic Area (EEA) national.
  • £2,400 amount is required for each additional child (who is not British, settled, or a European Economic Area (EEA) national).

How to apply for UK Spouse Visa?

If you & your partner are considering to apply for the family visa, then this must be applied online selecting the correct immigration form and you must have in hand, important documents to support your application. 

Did you know?
A high number applications are refused due to completing the immigration form incorrectly. Always get professional legal help. 

Here is a brief list but all applications are based on personal circumstances:

  • At the time of the application, both you and your partner must be aged 18 years & over. 

  • Able to meet the definition of a partner. 

  • Demonstrate the intention to live together as partners in the UK. 

  • Meet the financial requirements and will have adequate accommodation in the UK. 

If this is approved, you will get permission to live in the United Kingdom for 30 months. After 30 months, you have to renew the family residency permit, so that you can complete 5 years residency in the UK. 

ICS Legal are one of the most experienced and established firm dealing with immigration applications. We provide helpful guidance when you navigate through the complex immigration system for the UK. 

UK Spouse Visa processing time
The processing time depends on the region you submit your application however in most cases, an application would be decided within 12 weeks, or in other words, 3 months following the lodging of your application. In some regions there are priority service which can reduce your wait time. ICS Legal are able to give you some indication of the processing time, however those decision sits with the Home Office and we do not have any influence to the decision. However we know that by experience, an application is processed quicker if you provide the correct information & correct documents. 
What does it cost to apply for the visa?

The Home Office fees are broken down into 3 parts, however for some regions, please expect to see some extra costs, for example currency and other processing costs:

  • Home Office fees required to submit the application. Those fees do change often, and it also depends on the region you are making the application from. 

  • Immigration Health Surcharge which is a tax by the UK Government and a contribution costs to the National Health Service (NHS). 

  • Application Centre costs. This depends on the region. 

Grant of leave & applying for indefinite leave to remain

When an application is approved, this is granted for a period of 30 months. If you have applied from outside of the UK, this is usually granted for an additional 3 months period, so this is issued for a period of 33 months. 

The conditions and what is issued, more information can be found on the UKVI website by clicking here

Once you have extended your residency permit in the UK, and have completed the periods of 5 years, then you may be eligible to apply for indefinite leave to remain. In some instances, you may have to spend 10 years before you are eligible to apply for indefinite leave to remain. 

Renewal of your UK Spouse Visa

The initial grant is for a period of no more than 33 months, and prior to this is due to expire, you must extend your leave to remain in the UK. 

The renewal will allow the Home Office to assess and ensure that you & your partner continue to meet the requirements of the immigration rules. This is also to ensure the relationship remains genuine and that the intention to live together remains between the couple. 

The timing of your renewal application should be made within 28 days prior to the expiry date. However you may be able to apply earlier depending on when you entered the UK and the time you have spent in the UK. This is to make sure you meet the definition of continuous residency.  

Here are some of the requirements you would be expected to meet at the date of the application, however the threshold to meet the requirements, are always likely to change:

  • At the date of renewing, both the applicant and sponsor, must ensure they are living together and are in a genuine relationship. To meet the requirements, you would be required to provide evidences to confirm this. In some cases, where the couple do not live together, exemption of evidences may apply.

  • Demonstrate that you meet both the adequate accommodation requirements and that the financial test is being met. 

  • Able to demonstrate that the applicant & sponsor intend to live together. Where the couple do not live together, exemption evidences are required to meet the threshold. 

  • Meet the higher threshold of the English language requirements. This would demonstrate that the applicant is integrating their life in the UK. 

At the time of applying, you may be able to choose a priority service to have your application expedited. The service levels on the priority service depends on the service level you choose at the time of your application.

If you decide not to proceed but apply under the standard renewal processing time, then they are usually considered within 8-12 weeks. Once this is granted, it would be residency permit for a period of 30 months. 

Transitional arrangements
Given the ever-changing rules, you may benefit from the transitional arrangements to ensure new changes does not impact your stay in the UK.  When switching or extending the leave, the old provisions of the rules are still required to be met. You must ensure that all correct evidence is provided.
 
Changes
The spouse visa UK over the course of the year does go through a number of changes. This is to prevent any abuse to the immigration policies. When a change is announced, the Home Office will set out the Statement of Changes, and the date this would then apply. The powers of change are set out in the Immigration Act 1971. 
 
Here are some useful answers to the most frequently asked questions?
We hope the following will answer most of the frequently asked questions, which includes initial grant of stay or to extend your residency permit in the UK:

Can I apply under EUSS Scheme?

The EEA Settlement Scheme is available only for EEA nationals who have been in the UK before the closing date of 31st Dec 2020. If you intend to come in the UK as a spouse of a settled person, or a person holding leave to remain under the EEA Settlement Scheme, you will be asked to apply under the immigration route. There are still some transitional arrangements available depending on either your circumstrances or that of your sponsor. 

How to make sure that the marriage outside of the UK is valid

Over the years, case laws as well as the UKVI policy guidance have been updated due to the continuous development, of what is deemed as valid marriage. We begin with the case of Awuku v Secretary of State for the Home Department [2016] EWCA Civ 1303 (06 December 2016). Sitting on the 6th of December 2016, Lord Justice Lloyd Jones, Lady Justice Gloster and Mr Justice Cranston provided a determination with a framework of what is considered as valid marriage. 

The above case law considered the existing framework set out in the case of Kareem [2014] UKUT 24. Proxy marriages as an example have been a continuous debate whether it is permitted. There are no established policy on this and has at times, confused Immigration Judges on this. 

Where to send the supporting documents?

The supporting documents are the most crucial part to your immigration application. When providing information on the application form, you will need to make sure those are then evident with the evidences. Exemptions of evidences may apply. 

Whilst the Home Office have set out a specified list of evidences, you will need to make sure documents related to your own personal circumstances are provided. The Home Office recognises that not all matters are the same, so there are flexbility applied. 

We have put together some evidence list but those are not an exhaustive list required. You must take professional legal advice when considering the types of evidences to supply to the Home Office to avoid a refusal: 

  • Valid passport. These would include from the applicant's and the sponsor. 

  • Evidence of your relationship, and this may include the marriage certificate. This is a critical part to your application and evidences depends on your own personal circumstances. 

  • Evidence of meeting the financial requirement. These are set out in many forms, so if you are employed, then payslips and bank statements. If you are self-employed, then your tax return and tax bill. 

  • Proof of meeting the English language requirement. The test certificate may be required. 

  • Evidence related to the acommodation. 

Can you switch from a UK visit/tourist visa?

In most cases, the simple answer is no. However not all matters remain the same, and the Home Office will consider a person's personal circumstances before deciding on whether to grant a residency permit or not.

Usually, if those applications are refused, the Home Office decision notice will contain the full reasons and in most likely, a right to appeal is generated. The notice of decision will contain your right to challenge the decision and how soon you must lodge this. 

The 5 years route and 10 years route to settlement

When applying, & is granted, leave is granted for a period of 30 months, however you must check your decision letter to check the reasons why you have been granted under the 10 years route to settlement.

It may be possible for that to be legally challenged or a switch to the 5 years route could also be made. We advise prior embarking on this legal process, take specific legal advice by speaking to one of our Lawyers on 020 7237 3388 or email us at info@icslegal.com.

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ICS Legal Lawyers on UK Spouse Visa

 

Refusal & how to appeal the decision

Your right to appeal depends on a number of factors and the time to appeal against the decision depends on whether you have applied from the UK or outside of the UK. 

Following the Immigration Act 2014, the Home Office through public policy have restricted a person's right to appeal against the decision. The legislation then changed the following regulations: 

  • Parts 5 and 6 of the Nationality, Immigration and Asylum Act 2002 (The 2002 Act) as amended.

  • Immigration (European Economic Area) Regulations 2016.

In most cases, it is important that you draft your grounds of appeal to the First Tier Tribunal with both factual and also error in law to the decision making. 

ICS Legal are able to advise, help and lodge an appeal on your behalf. You can find more information on legal cases we have successfully challenged before the First Tier Tribunal and the Upper Tribunal. 

If your marriage or relationship have broken down

It is important to understand that the Home Office are the decision makers and are responsible of the issuing on residency permit. They also have the powers to cancel or curtail based on a change of circumstances. 

At ICS Legal, when we deal with those applications, or circumstances related to a relationship breakdown, we understand that the matter can be stressful to both parties and can become overwhelming. 

In both cases, whether you are the sponsored person or are the sponsor, the process of cancelling goes through a due process. Legally, an application must be made to the Home Office to inform of the breakdown of the relationship. This requires a formal statement as well declaration that the relationship have broken down. Evidences are then required to confirm the breakdown of the relationship. 

Speak to one of our UK Lawyers

ICS Legal are here to help, whether your applying for the first time or going through a renewal, our team have both the experience and dedication to help you move through the complex legal processes. 

We appreciate the diverse challenges we face from 'No Win No Fee firms and 100% success rates'.

ICS Legal are not in the business to provide such promises, after all we are not the Home Office. Our trust with you is based on conversation, in spite of everything and above all you are buying our expertise. Speaking to us will give you the comfort and satisfaction that we are the right migration partner for you.

Call us today on 0207 237 3388 or e-mail us your circumstances to info@icslegal.com when you. You are strongly advised to take legal advice prior to applying for a visa to the UK. This page is for information purposes only.

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