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Implications of Coronavirus for UK Spouse Visas
By Gillian McCall - Immigration Barrister

The Coronavirus and Covid-19 disease are causing a devastating effect across the world. The situation can be especially stressful for individuals who are separated from family members or for those who are worried...

 that their partner may be separated from them if an application to remain in the UK is refused. In this post we will look at some of the key issues that individuals applying to remain with spouses and...

Indefinite Leave to Remain as a Bereaved Partner
By Alexandra Pease - Immigration Barrister

Daily reports of death during the Covid-19 pandemic has made many of us think about loved ones, how to protect them and the implications of life without them.  If your leave to enter or remain is dependent...

 on a relationship, what does happen if a partner passes away? The Immigration Rules in fact provide a route for indefinite leave to remain (ILR) as a bereaved partner.  In this post we look at the...

Public Funds Part 2: Claiming Child Benefit
By Alexandra Pease - Immigration Barrister

In this second post, following on from Public Funds Part 1: Public Funds and Coronavirus we examine the one benefit that can potentially be claimed by migrants subject to the no recourse to public funds condition...

 – child benefit. Claiming Child Benefit – Entitlement When applying for further leave to remain or indefinite leave to remain, questions the forms almost inevitably ask are whether public funds...

What is a ‘relationship akin to marriage’?
By Gillian McCall - Immigration Barrister

Under the Immigration Rules, a person who is British or Settled in the UK can bring their unmarried partner to the UK. This is sometimes referred to as a ‘partner visa’ or ‘de facto visa’. This is an option...

 that more couples are currently considering, partly due to the ongoing restrictions around the world on wedding ceremonies due to covid-19.  In some cases, it will be a better option for a person to...

Fiancé(e) visa: Failure to marry within 6 months
By Georgina Griggs - Immigration Barrister

The Fiancé(e) visa allows British citizens and those with indefinite leave to remain to bring their fiancé(e) to the UK in order to get married.  If an applicant is granted leave to enter as a fiancé(e), the...

 applicant will be given a grant of leave for 6 months. During this period of leave, the applicant and sponsor must get married, before applying for leave to remain as a spouse. But what happens if you fail...

Evidencing a Domestic Violence ILR Application
By Zoe Bantleman - Immigration Barrister

The recent decision of Mr Justice Knowles in R (On the Application Of) Suliman v Secretary of State for the Home Department [2020] EWHC 326 is a welcome reminder from the High Court that the demands of fairness...

 require that the Home Office consider all evidence in domestic violence applications, and come to proper conclusions on that evidence.  The Forms of Domestic Abuse Domestic violence can happen to and be...

Residence requirements for Partners
By Zarina Rahman - Immigration Barrister

Unlike most visa routes, partner visas do not have any specific residence requirements or prescribed limits on the number of days of absences from the UK.  However, despite the absence of a residence requirement...

 for partners, there are some factors to be aware of to ensure that applications for further leave to remain and indefinite leave to remain will be successful.  Partner applications require the applicant...

Divorce or Separation: Impact on Leave to Remain
By Alexandra Pease - Immigration Barrister

January is often referred to as the ‘divorce month’ and according to recent reports 8th January is a popular day to dissolve marriages. There are many who are in the UK with leave to enter or remain and are...

 dependent on their relationship or marriage or civil partnership.  What happens if this applies to you and your relationship permanently breaks down? What action do you need to take if you separate or get...

Meeting the financial requirement for a UK spouse visa as a returning spouse - Part 2
By Olivia Waddell - Legal Associate

This post follows our previous post about meeting the financial requirement for a spouse visa for couples returning from overseas to live in the UK. In this follow-up post, we take a more detailed look at how...

 the requirement can be met through the Sponsor’s employment or self-employment. The rules are both forward-looking and backward-looking.  Step 1: looking back to income already earned  The rules are...

Spouse visa financial requirement for spouses returning to the UK - Part 1
By Olivia Waddell - Legal Associate

For a British or settled individual who is relocating to the UK with their non-British or settled partner after spending time overseas, the financial requirement for a spouse visa can be trickier than for couples...

 where the sponsor is already in the UK. In this blog post, we take a look at the specific rules concerning the financial requirement for couples preparing to return to the UK together.  In a subsequent...

Property rental income and the partner visa financial requirement
By Gillian McCall - Immigration Barrister

Appendix FM of the Immigration Rules is family members of British nationals such as unmarried partners, fiance(e)’s, spouses or children coming to the UK. Most people in this category will need to meet a financial...

 requirement as part of their application and the rules set out some specific ways in which those requirements can be met. In this article we will look at how someone with property rental income can meet...

Combining sources of income to satisfy the spouse visa financial requirement
By Robin Pickard - Legal Associate

Under Appendix FM to the Immigration Rules, family members applying for entry clearance or leave to remain must provide evidence of an annual income of at least £18,600, which is known as the minimum...

 income requirement (“MIR”), plus an additional £3,800 for the first child and £2,400 for each additional child. We have published previous blog posts on the meaning of partner and how to meet the financial...
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