Spouse/Unmarried Partner Visa or EU Settlement Scheme Family Permit

WITH PROFESSIONALISM AND EMPATHY

Spouse/Unmarried Partner Visa or EU Settlement Scheme Family Permit

“I was really impressed with the advice I was given; my case was handled with professionalism and empathy. They gave me the feeling that my case mattered and gave me the results I wanted.
The service was efficient, and the advice was sound, would highly use them for any other matters.”

The rules around settling in the UK as a spouse/unmarried partner of a person who is either a British Citizen or has Indefinite Leave to Remain can be extremely complex. And with the UK – EU transition period ending on 31 December 2020, coming to the UK as the spouse or unmarried partner of an EU/EEA national who has Settled Status will also become more complicated from June 2021.  
Fortunately, our immigration Solicitors have the experience, knowledge, and commitment required to ensure your family can be together in the UK, allowing you to focus on building your life together.

What are the requirements for a UK Spouse/Unmarried Partner Visa?

To successfully obtain a UK Spouse/Unmarried Partner Visa, you must meet the following criteria:

• Your spouse/partner must be a British Citizen or settled in the UK (they will be known as the sponsoring partner
• You must have met each other and be legally married
• If you are unmarried, you have been living with your partner for two or more years
• You intend to live permanently with your sponsor and have adequate accommodation
• Your sponsor meets the financial requirements of £18,600 per year (this increases if you have children)
• You meet the English language requirements

If you do not meet these requirements, you may still be eligible 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 could not be overcome
• it would breach your human rights to stop you coming to the UK or make you leave

If you would like to apply as a fiancé, fiancée or proposed civil partner, you must prove that:

• any previous marriages or civil partnerships have ended
• you plan to marry or become civil partners within 6 months of arriving in the UK

The initial visa is granted for 33 months, after which you may apply for an extension of 30 months. After you have completed the relevant period of stay in the UK, be it five or 10 years residence, you will then be eligible to apply for ILR.

My Spouse/Unmarried Partner Visa has been refused – what can I do?

Unfortunately, many family visas are refused, especially when the applicants have not sought legal advice at the beginning of the process. We will carefully examine your case and advise on the next steps, which could involve making a new application, appealing on human rights grounds, or applying for Judicial Review.
Being refused a Spouse/Unmarried Partner Visa can throw all your future plans into disarray. 

Our immigration lawyers care deeply about ensuring families stay together, especially if children are involved. We will fight tenaciously in your corner and not give up until we achieve results.

What is the Minimum Income Requirement?

You need to show you can support your spouse/unmarried partner when they move to the UK. Therefore, UK Visas and Immigration will need proof that you earn £18,600 or more per year. This amount increases if children are also coming to the UK to live. If you do not meet the Minimum Income Requirement through your salary, please talk to us as things such as investments, savings, and other sources of income may be considered.

What is the EU Settlement Scheme Family Permit?

If you are from outside the European Economic Area (EEA) and you are a family member of an EEA national, a Swiss national, or an eligible person of Northern Ireland, you may be able to get a Family Permit to come to the UK.
The EU Settlement Scheme is for family members of EEA or Swiss citizens who have ‘settled’ or ‘pre-settled’ status under the EU Settlement Scheme. The EEA Family Permit can be applied for by close or extended family member of an EEA or Swiss citizens.
Our immigration Solicitors will swiftly advise you as to which permit best fits your circumstances.

For a consultation regarding a Spouse Unmarried Partner Visa application or refusal, please call us on 0208 300 6666 or complete the form below.

30 Minute Free Consultation

Sound legal advice is based on years of training, hard work, and passion, as well as familiarity with legislation and precedent and sound consideration. You’ll find all that and more at KLR Solicitors. 

We are currently only taking on Family Law, Conveyancing, Immigration, Wills & Probate work.


If you are looking for Legal aid that can help meet the costs of legal advice, family mediation and representation in a court or tribunal, please go to this link first to check your eligibility on the Gov.uk website.

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