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LOCATION: Home » Family Migration » Spouse & Civil Partner

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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...

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...

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...

Requirements for indefinite leave as a spouse
By Dr. Catherine Taroni - Immigration Barrister

Spouses or partners of British or settled persons can apply for indefinite leave to remain in the UK up to 28 days before they reach 60 months in the UK with leave as a partner so long as they have been granted...

 leave in the 5 year route.   ILR applications can be processed very quickly – the super priority service is available for a fee and offers 24 hour processing by the Home Office. Requirements in an ILR...

Adequate Maintenance Requirement - Appendix FM
By Georgina Griggs - Immigration Barrister

In July 2012, the Immigration Rules were changed to implement new requirements for non-EEA nationals applying to enter or remain in the UK under the family migration route. Appendix FM of the Immigration Rules was...

 subsequently introduced, incorporating an adequate maintenance requirement. What is the adequate maintenance requirement? Appendix FM brought with it a new financial requirement based on a minimum income...

English Language Requirement for Spouse Visas
By Caspar Latham - Legal Associate

The English language requirement for partner and parent visas was introduced on 29 November 2010 by then Home Secretary Theresa May, who stated at the time that ‘the new English requirement for spouses will help...

 promote integration, remove cultural barriers and protect public services’. This requirement is equally relevant for partner and parent visa applications. What is the English language requirement? The...
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