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These days immigration solicitors are in almost the same demand as wedding planners. But dealing with your partner’s immigration status does not have to be anywhere near as stressful as planning for your Big Day… if you have the correct legal advice.
Marriage visas are complicated, and the rules and regulations make it increasingly difficult to qualify for a UK Visa.
The law relating to permission to marry and marriage visas from within the UK depends on different factors including the type of visa the applicant has (if there is a visa, at all!).
There are 2 types of marriage visas’
- Fiancé visa
- Spouse visa / unmarried partner
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Spouse visa is for couples that are married. It requires that a recognised marriage should have taken place and that a legally acceptable marriage certificate is available from the country concerned, can also be UK.
The following requirements must be met for your spouse to qualify (from within or outside of the UK);
- The applicant and their spouse must be 18 or over
- The spouse should satisfy one of the following;
- be a British National or,
- be a person present and settled in the UK, for example, hold Indefinite leave to remain or permanent residence or,
- be a person that has been granted refugee status or humanitarian protection in the UK.
- The applicant and their spouse must intend to live together
The applicant and their British national spouse must be able to demonstrate the following;
- That their relationship is genuine and subsisting
- That the applicant has enough knowledge of the English Language
- That the British national spouse earns a minimum of £18600 per annum (exceptions are available)
- That the British national spouse has suitable accommodation for the applicant to reside in
- That the applicant has obtained Tuberculosis clearance.
The fiancé visa is for engaged couples, outside of the UK, who would like to register their marriage in the UK. A successful fiancé Visa will result in 6 months of leave to enter for the foreign-born national. During this 6 month period, the applicant is required to solemnise their marriage with their British National spouse in the UK. Once the couple are married in the UK, the applicant must apply to the UK visas and immigration for a spouse visa.
Applying from within the UK with no leave or with limited leave
You may still be able to apply from within the UK, without any leave or with limited leave, even if you do not meet these requirements if;
- There would be severe human rights breaches in asking you to leave the UK to apply for an entry clearance spouse visa.
- There are insurmountable obstacles for you and your spouse to live together as a couple outside of the UK.
- You are the mother/father of a British National child
- You are mother/father of a child that was born in the UK or have lived in the UK for 7 years and it would be unreasonable to remove the child from the UK
How can we help you?
Vyman Solicitors has a wealth of experience and can provide you with a full service to attain settlement for married applicants.
We provide essential support to immigrants nationwide.
Please note that you need to formally instruct us or arrange an appointment before we can consider your matter or give you any advice. We do not accept instructions on a “no win, no fee” or legal aid basis.