UK Marriage Spouse Visa
Spouse visa applications, also referred to as UK marriage visas, permit the spouses of UK citizens or settled persons, who are not subject to immigration control, entry clearance to the UK by virtue of their marriage to their sponsors. Under the Appendix FM Immigration Rules spouses already in the UK can make in-country applications without having to leave the UK and make applications from their respective countries.
Eligibility UK Marriage Visa
There are however specific requirements in order to qualify for marital applications. For instance, both you and your wife must be at the age of majority and you have to satisfy the Home Office that you have a genuine and subsisting marriage, which means you must be legally married or have met each other and intend to live together permanently.
Under the new rules you as a sponsor must earn at least £18,600 per annum or more if you have dependants, have no recourse to public funds, and be able to support yourself. If you are on benefits you will not meet the financial eligibility threshold unless you fall under certain exceptions such as having a disabled child.
Overstayers Spouse Visa
Under the new rules Appendix FM Rules, if your partner has leave to remain in the UK for 6 months or more at the time of applying and is not a student or a visitor, he or she may be able to switch to a spousal visa without leaving the UK. However, the rules also permit overstaying spouses leave to remain in the UK under the 10 year route to settlement.
We specialise in marriage applications and have a track record of making successful applications on behalf of sponsors even in the most complex of cases. With our strong background in human rights law we ensure your applications cover the international legal grounds needed to secure a positive decision.
UK Marriage Visa Extension
If your spouse is applying from overseas and can meet the requirements then they will normally be granted leave to enter via the 5 year route which essentially means he or she will be granted an initial period of leave of 33 months. If applying from within the UK they will be granted 30 months.
Before the initial period of leave expires it is possible to extend for another 30 months by which time your spouse would have spent 5 years in the UK and then can apply for settlement or indefinate leave to remain, providing you remain married and can demonstrate the maintenance requirements.
Contact Merchiston’s Specialist Immigration Lawyers
Our immigration lawyers specialising in UK marriage visas can guide you and your family through the process of applying to stay in the UK or applying from abroad. Call 0203 540 6340 to speak to one of our expert solicitors. Alternatively, email us on firstname.lastname@example.org or complete our online enquiry form.