Can a permanent resident file for a spouse?

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Spouses or partners of UK citizens or permanent residents, those with indefinite leave to remain can apply to come to the UK under the Family visa category (spouse visa) and are able to work as soon as a visa is granted to them.

The spouse visa lets you stay and work in the UK for 2 years and 9 months. If you applied as a fiancé, fiancée or proposed civil partner, you can stay for up to 6 months.

Circumstances to consider while applying

 There are strict eligibility criteria to be fulfilled to apply for a spouse visa

  • You must be above 18 years of age
  • You must be a British citizen or have Irish nationality
  • have settled status in the UK that is, you should  have indefinite leave to remain or proof of permanent residence
  • If you are from the EU, Switzerland, Norway, Iceland or Liechtenstein, you must have a pre-settled status under the EU settlement scheme- they must have been residing in the UK before 01 January 2021
  • You possess a Turkish Businessperson visa or Turkish Worker visa
  • You have refugee status or seek humanitarian protection in the UK
  • You and your partner must have strong intentions to live together permanently in the UK

Proofs that you must show

You must be able to furnish either of the following evidence:

  • You are in a marriage or civil partnership which is legally recognised in the UK
  • You were already living together in a relationship for at least 2 years before your application
  • you are a fiancé, fiancée or proposed civil partner
  • You will marry or enter into a civil partnership in the UK within 6 months of arriving in the UK

Additionally, you need to prove:

  • You have a good knowledge of English, you must pass at least level A1 on the Common European Framework of Reference for Languages (CEFR) scale for your visa application.
  • can financially support yourself and your dependents

The financial requirement for a UK Fiance visa application states that you will need to evidence that your partner has a total annual income of at least:

  • £18,600
  • £3,800 for your first child, and
  • £2,400 for each additional child

If you do not meet these requirements you may still be able to apply for a visa or spouse visa extension, if:

  • you have a child in the UK who is a British or Irish citizen or has lived in the UK for 7 years and it would be a compelling circumstance for partners to leave the UK
  • there would be very grave difficulties for you and your partner if you have  lived together as a couple outside the UK that could not be overcome
  • it harms your human rights to stop you from coming to the UK or make you leave

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Application procedure and cost involved in a spouse visa application

All partner-Visa applications (i.e. as a Fiance(e), Spouse, a Proposed Civil Partner or a Civil Partner), must meet the requirements under Appendix FM of the UK Immigration

The process involves the following;

  1. To make an online application form
  2. book the biometric appointment online (fingerprint and photographs to be taken)
  3. attend the biometric appointment at the applicant’s nearest UK visa citizenship application centre
  4. pay the visa fees and the Immigration Health Surcharge if applicable,
  5. and submit all the relevant supporting documents as asked, either at the Visa Centre on their biometrics appointment date, or send to the Home Office.
  6. Once you have lived in the UK continuously for 5 years with your partner on a family visa(spouse visa), you will be eligible to apply for Indefinite leave to remain in the UK and eventually for British citizenship.
  7. You must also ensure that all eligibility criteria are met, such as bearing a good character, passing the Life in the UK test, knowledge of English, etc.

The payable fee for applying a Spouse/Civil Partner is £1,033 and the IHS fee is £1,560(£624 for every year)

Legal assistance to secure a visa faster

It would be beneficial to seek support from immigration experts to help you secure a visa faster without refusals.  A Y & J Solicitors have successfully helped over 4000 clients with their bespoke immigration and visa advice from planning the applications to visa approvals.

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