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What is a genuine and subsisting relationship?
By Nadine McGarry

If you are a spouse who wishes to join your partner in the UK, who is British or settled, the specified evidence for the relationship requirements set out in Appendix FM, including in relation to the genuine and subsisting relationship requirement, can seem scarce...

 when compared to the financial requirements rules. The latter set out mandatory evidence that must be provided in order to prove that you meet or exceed the minimum threshold. Section E-ECP.2.6 states that the relationship between the applicant and...

Partners and Family Visa Success Stories
By Richmond Chambers

Our immigration barristers have assisted clients from all over the world to join and remain with their spouses, civil partners, unmarried partners, fiancé(e)s and other relatives in the UK. Partners and Family Visa Success Stories Some examples of our successful...

 clients include: Our immigration barristers assisted an Australian national to join her British husband in the UK. Her husband was the director of three businesses and was paid a combination of salary and dividends from each company. We were able to...

How do I meet the financial requirement for a partner visa if my sponsor is not working?
By Emma Greenwood

If your Sponsor is no longer working, perhaps because he or she is retired, it may initially appear difficult to meet the financial requirement set out in Appendix FM (this is the requirement to show an income of at least £18,600 per year if the Applicant...

 is applying with no dependent children). Alternative Ways to Satisfy the Appendix FM Financial Requirement However, Appendix FM to the Immigration Rules provides several ways in which the financial requirement can be met even if the Sponsor is not working or...

Meeting the Appendix FM financial requirement with an income of less than £18,600
By Emma Greenwood

In light of the Supreme Court judgment in MM (Lebanon) & Others v SSHD [2017] UKSC 10 the financial requirement set out in Appendix FM has changed substantially. The Supreme Court held that the minimum income threshold itself was lawful but that...

 exceptions should be made in some circumstances. Previously, it was possible to meet the threshold (£18,600 for a couple with no children) only by relying on the Sponsor’s income from a specified source. The ‘specified sources’ are: Salaried or non-salaried...

Meeting the spouse visa financial requirement as a director of a limited company
By Richmond Chambers

In July 2012, following on from the report from the Migration Advisory Committee, a minimum income threshold was introduced in respect of sponsorship under the family migration route as set out within Appendix FM of the Immigration Rules. A minimum threshold of...

 £18,600 was set, with additional amounts for any ‘relevant’ children. Payslips showing salary payments during the company’s most recent financial year; Dividend vouchers in respect of dividend payments declared in their favour during the company’s...

Choosing where to get married: Fiancé(e) and Spouse Applications
By Gillian McCall

With Christmas and New Year just out of the way and Valentines round the corner, this is the time of the year busiest with engagement announcements. For British residents with their new fiancée overseas,...

 or for individuals from outside of the UK, who want to get married in the UK, it is important to know what your options are to get the right visa.Just VisitingContact Our Immigration Barristers

Chief Inspector of Borders and Immigration report on sham marriages
By Richmond Chambers

The Chief Inspector of Borders and Immigration has released a report criticising the Home Office’s approach to tackling so-called ‘sham marriages’.The Immigration Act 2014 extending the marriage and civil partnership notice period from 15 days to 28 days for...

 all couples in England and Wales marrying following civil preliminaries or forming a civil partnership; requiring couples in which one of the participants is a non-European Economic Area (non-EEA) national and who wished to marry in the Church of England...

Amendments to the family migration immigration rules
By Richmond Chambers

New Immigration Rules published today introduce some important changes to the family migration routes under Appendix FM and Appendix FM-SE. Introduced by Statement of Changes HC667, the new rules raise the English language requirement for partner and parent-based...

 further leave to remain applications, amend the eligibility and minimum income requirements for dependent children and reduce the level of NHS debt that will found a discretionary refusal on grounds of suitability.English Language Requirement They are...

Cash Savings - Appendix FM – Partner Applications
By Alexandra Pease

For those applying for entry clearance or leave to remain in the UK as a partner under Appendix FM of the Immigration Rules the applicant is required to satisfy a financial requirement. The minimum income threshold was set at £18,600 in July 2012 after the Government...

 had considered advice from its Migration Advisory Committee (MAC). The account is held is a financial institution regulated by the appropriate regulatory body for the country in which that institution is operating; The financial institution is not...

Marriages of Convenience – the guidance of the European Commission
By Emma Greenwood

The Home Office Modernised Guidance on direct family members of EEA nationals (of 29 September 2015) provides guidance for decision makers who are assessing whether a marriage between an EEA citizen and...

 a third country national is genuine or one of convenience. A party to a marriage of convenience is not a ‘family member’ for the purposes of the EEA regulations.Contact Our Immigration Lawyers

Sham Marriages - Bilal Ahmed revisited
By Emma Greenwood

In the case of Bilal Ahmed, the Upper tribunal held that where an applicant had made an application for a residence card as the husband or wife of an EEA national but has no other basis of stay, and...

 where his application was refused on the basis that his marriage was one of convenience, the applicant could be removed while his appeal against that refusal was pending.Contact our Immigration Barristers Today

Upper Tribunal provides guidance on validity and recognition of proxy marriages
By Alexis Slatter

In Proxy Marriage - Cudjoe (Proxy marriages: burden of proof) [2016] UKUT 180 the Upper Tribunal provided guidance on the validity and recognition of proxy marriages. A...

 proxy marriage involves a union where one or both parties are not present but are represented by another individual, often a family member.Contact our Immigration Barristers Today
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