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Spouse or Partner British Citizen

"Magrath Sheldrick LLP have been crucial in making my immigration application, smooth, comfortable, and easy."

A UK Spouse Visa is for non-UK residents aged 18 or over who are engaged, married to, or have a proposed civil partner who is aged over 18 living in the UK or relocating back to the UK. It is a type of settlement visa known as the UK Partner Visa. If you hold a Spouse Visa in UK, you have the right to work like all British citizens. However, you cannot claim most benefits, such as public funds, housing allowance or tax credits.

We can assess your situation and advise if a Spouse Visa is the best option for you and your family.  In some cases, your partner may be able to qualify under a different category, such as Ancestry, or Skilled Worker or Student.

If your application is successful, your partner’s visa will be valid for 33 months.  Before the 33 months is over, you will need to apply to extend their visa.  This can be done in the UK and the applicant can remain here while they wait for a decision.

After five years of living in the UK continuously, your partner can apply for Indefinite Leave to Remain. This will allow them to stay in the UK permanently and apply for British citizenship straightaway if you are  a British citizen.

Our immigration team has decades of experience in helping couples and families live together in the UK. You will receive practical advice that relates to your and your partner’s situation. We are always available to answer any questions and help you with any concerns you have along the way.

Where couples are living apart, we understand that you want to be together as soon as possible. This is why we work at pace to prepare your application. If you have children who are also non-EU nationals, we will make sure your application includes them so they can join you in the UK too.

By helping many couples with spouse visas we know exactly what the Home Office expects from these applications. We can make sure your application is organised professionally in a format the Home Office prefers. If the Home Office rejects your application unfairly, we can also help you appeal their decision as quickly as possible.

 

Pitfalls

We work with many couples and families based in, and outside the UK who want to live here permanently and enjoy the opportunities and lifestyle the UK offers. Common pitfalls include complexities surrounding the evidence required to prove that the relationship is genuine, that they meet financial requirements or have adequate accommodation available for them in the UK. Our immigration specialists will advise you on exactly what documents you need and where to get them so your application has every chance of success. 

Our immigration solicitors will advise you and your partner on how to gather all the required documents. We will then put your documents into the correct format for the UK Home Office and ensure any additional requests and communication are executed professionally and in timely manner. 

If your application is refused by the Home Office, you can appeal against the Home Office’s decision. This can be a long and challenging process that is best assisted by an immigration adviser. 

We aim to resolve all immigration matters brought to us by working diligently and together with our clients, keeping them informed of the progress of their case at all stages. Our outstanding success rate is maintained thanks to the high standard of our work. 

 

Top Tips

When it comes to ensuring you are in your best shape and form, we always start with the preparation. The preparation of the case usually takes the longest time in the transaction. Our lawyers take time to get to know you and your family, understand the dynamics and essential requirements of your family and your objectives. Out top three tips for you would be: 

  • Do not underestimate the complexity of this type of application  
  • Plan ahead  
  • Cooperate with the Home Office 

 

Success Rate

We pride ourselves in achieving the best results possible for our clients. We take a pragmatic and direct approach when advising on your options and circumstances. Should we feel your application is unusually complex we will dedicate extreme care to communicating the risks and options available. We have a very high success rate and only proceed with the representations were we can be confident of a favourable result. We can sometimes take a riskier approach should this be your appetite and apply our expertise to present such cases with a stronger prospect of approval.

 

Success Stories

We have assisted many clients with extremely complex and unusual sets of circumstances. This can be at any stage of the journey; the initial entry clearance, extensions or Indefinite Leave to Remain. In our long run of advising clients we have come across clients who might have faced several refusals of the visa, unable to meet financial requirements or clients who have struggled to relocate to the UK in time to start their count for Indefinite Leave to Remain due to unforeseen circumstances.

News

Changes to UK Immigration Rules

14 March 2024 Significant Immigration Rule changes have been published today, including amendments to salary thresholds for the Skilled Worker and Global Business Mobility categories, the Shortage Occupation List, and financial thresholds for spouse and family visa routes. The changes are being made to reduce net migration by encouraging businesses to invest in the resident…

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In our Spotlight on APAC series we round up the latest developments from across the region.  In this post we look at the extension of China’s unilateral visa free policy. China: Unilateral visa-free policy extended to six more countries The Chinese government has announced the extension of its unilateral visa-free policy to Austria, Belgium, Hungary, Ireland,…

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Spotlight on APAC: Australia

  In our spotlight on APAC series, we round up the latest developments across Asia Pacific.  In this post, we look at the amendment to Australia’s Migration Act commencing on 1 July 2024. Australian Government Strengthens Protections for Temporary Migrant Workers. The Australian Government has enacted the Migration Amendment (Strengthening Employer Compliance) Act 2024, that…

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