We will advise on the following:
- Information on the criteria for each of these visa types
- Any critical dates which might apply in your case
- Possible pitfalls or shortcomings in your case
- Details on the main stages in the application process
- An indication of the average processing time for the application
We are able to assist you in the evidence gathering process advising you on the documents required for the particular application we are assisting with. Where necessary we will provide you with guidance as to which organisations you should approach for assistance and supporting documents.
Thereafter, we will prepare your application, presenting your application professionally and are able to highlight in highly organised and orderly sequence the evidence showing how you qualify for the visa or permit requested.
Spouse & Family Visa Applications
We are able to assist a non-EEA spouse, partner, fiancé of a person who is present and settled in the United Kingdom.
To apply as a partner, you and your partner both need to be 18 or over.
Your partner must also either:
- be a British citizen
- have settled in the UK (they have ‘indefinite leave to remain’ or proof of permanent residence)
- have refugee status or humanitarian protection in the UK
You and your partner must intend to live together permanently in the UK after you apply.
You must be able to prove one of the following:
- you are in a civil partnership or marriage that’s recognised in the UK
- you have been living together in a relationship for at least 2 years when you apply
- you are a fiancé, fiancée or proposed civil partner and will marry or enter into a civil partnership in the UK within 6 months of arriving
You may also need to prove you:
- have a good knowledge of English
- can financially support yourself and your dependants
If you do not meet these requirements you may still be able to apply for a visa or extend your permission to stay if:
- you have a child in the UK who is a British citizen or has lived in the UK for 7 years and it would be unreasonable for them to leave the UK
- there would be very significant difficulties for you and your partner if you lived together as a couple outside the UK that couldn’t be overcome
- it would breach your human rights to stop you coming to the UK or make you leave
If you’re applying as a fiancé, fiancée or proposed civil partner, you must prove that any previous marriages or civil partnerships have ended and that you plan to marry or become civil partners within 6 months of arriving in the UK. You will receive permission to stay for 6 months if you are applying as a fiancé, fiancée or proposed civil partner. Thereafter, you may need to apply for an extension of your stay.
Applications Human Rights
Human Rights Act 1998, s 6 provides that UK public bodies have to comply with a person's rights under the ECHR. The most common article raised in the immigration context is art 8, which protects a person's right to a private and family life. Art 8 is not an absolute right, i.e. the UK is able to interfere with it unless such interference would not be proportionate.
Other articles which can be relevant in the context of immigration practice are art 2 (right to life) and art 3 (prohibition on torture and inhuman and degrading treatment)
By their nature, human right applications and other applications outside the Rules are typically not straightforward and contain several complex issues and will require extensive case preparation. However, the representations which make on behalf of our clients are well researched and second to none. We take the time to ensure that no stone is untouched in our applications. This reflects our understanding of the seriousness and impact success or failure will make in the lives of our clients.
Our highly qualified solicitors are experts in their field and are genuinely committed to excellence in every aspect of their work, providing clients with a timely, cost-effective and highly personalised solution. Call us on 08456 808 251 to book a consultation of your issues and requirements.