Client Success: Spouse Visa Extended With Minimal UK Residence

Navigating the UK’s spouse visa requirements can often present unique challenges, especially for clients with complex personal or professional circumstances. Immigration Barrister Dr. Catherine Taroni recently assisted a client in securing an extension of their spouse visa, despite having spent minimal time residing in the UK due to overseas work commitments. This case exemplifies the flexibility within the Immigration Rules for partners, and how a tailored approach can overcome potential hurdles.

The Case

Our client had been granted entry clearance as a spouse on the five-year route but was largely unable to live in the UK due to ongoing professional commitments overseas. Despite their travel history, the client’s intention had always been to permanently settle in the UK with their spouse. Their circumstances raised questions about meeting the visa requirements, particularly regarding cohabitation and intent to reside in the UK with their partner.

Key Challenges in Securing a Spouse Visa

While spouse visas do not impose strict residence requirements, the client’s limited time in the UK required a robust demonstration that:

• The relationship with their spouse was genuine and subsisting.
• There was appropriate accommodation available in the UK.
• The couple intended to live together permanently in the UK in the future.

These points needed to be addressed carefully to satisfy the Home Office, given the client’s minimal presence in the UK during the initial grant of the visa.

Our Approach to a Successful Spouse Visa Application

To address these challenges, we adopted a strategic and evidence-based approach:

1. Explaining the Unique Circumstances: We provided a clear explanation of the client’s overseas work commitments and why these necessitated significant periods outside the UK.
2. Demonstrating Cohabitation and Commitment: We submitted evidence of the client’s time spent in the UK and their time with their spouse abroad. This included correspondence addressed to the client in the UK, showing even short periods of cohabitation, and detailed plans for the couple’s future permanent residence in the UK.
3. Streamlining the Application Process: Given the time-sensitive nature of the client’s overseas commitments, we ensured the application was submitted promptly upon their return to the UK. A biometrics appointment was booked immediately, and super priority processing was purchased to expedite the decision-making process.

The Outcome: Spouse Visa Granted

The application was approved swiftly, allowing the client to continue fulfilling their professional obligations overseas without jeopardising their UK immigration status or route to settlement. Despite the complexity of the case, the Home Office was satisfied that the requirements of the Immigration Rules were met, even with minimal UK residence.

Key Takeaways

This case highlights several important considerations for spouse visa applications:

• Flexibility in Residence Requirements: Unlike other visa categories, spouse visas do not impose a 180-day rule, allowing greater flexibility for applicants with professional or personal commitments overseas.
• Planning for the Future: A spouse visa can sometimes serve as a preparatory stage for relocating to the UK, provided all specified evidence requirements are met.
• Tailored Evidence is Key: Demonstrating a genuine and subsisting relationship, even with minimal cohabitation, and a true ‘intention to live together’ in the UK is possible with the right supporting evidence and strategic presentation.

Contact Our Immigration Barristers

At Richmond Chambers, we understand that every client’s circumstances are unique. This case demonstrates how a bespoke approach can address even complex scenarios, ensuring that clients achieve their immigration goals without compromising their personal or professional aspirations. If you are facing challenges with your visa application, our team is here to help.

For expert advice in relation to your spouse visa application, contact our immigration barristers on 0203 617 9173 or complete our enquiry form below.