Applying for Entry Clearance as a Spouse of a British Citizen or person with settled status?

AMI DHANJEE >

Consultant Solicitor

If you are married to a British citizen or person with Indefinite Leave to Remain in the UK and wish to enter the UK then you should apply for entry clearance as a partner under the Family member section of the Immigration rules.

In this blog I will talk about the main requirements for this application and how you may meet them.

1. TB test - Under Appendix T of the Immigration rules, citizens from certain countries will need to undertake a Tuberculosis test and the results should be submitted with the application at the visa centre on your appointment day. This would encompass a simple chest x ray.
    
2. English Language requirement – Applicants will need to meet the English language requirement unless they are citizens of a majority English speaking country, over the age of 65 or have a serious illness preventing them from taking the test. Otherwise, the applicant must take a test at level A1 from either Trinity College or Cambridge to meet this requirement. If they already completed a degree then it is possible that this degree could also be used as part of the application if it was taken in the UK or meets the required level with NARIC.
    
3. Relationship requirement – Applicants will need to provide evidence of their relationship such as their marriage certificate, wedding and family photographs and evidence of how they keep in touch with their spouse when they live apart. All cases are different and there may be differing documents that you can provide.
    
4. Financial requirement – The spouse of the applicant needs to show that he can maintain and support the applicant without recourse to public funds. So the spouse must show that they have an income of over £18,600 either through employment, self-employment, savings, pensions, premium bonds or various other sources.
    
5. Accommodation – The spouse of the applicant must provide evidence that will be enough accommodation in the UK for the applicant and anyone else who already lives at the property without causing overcrowding. This can be met through providing either title deeds and mortgage statements if the property is owned. If renting then through a tenancy agreement and letter from landlord confirming they have no issue with the applicant joining their spouse at the property. If the property is owned by another third party then there are other requirements too. 
    
6. NHS surcharge - An applicant will also have to pay the NHS surcharge which is normally £200 for every year of visa that they obtain.  Therefore, for this visa it will cost approximately £500 as they will be granted 2.5 years.

The application form is online and once it is submitted the applicant would need to make an appointment at their closest visa office to submit their passports and fingerprints. Their documents would all need to be submitted to the Sheffield branch of the Home Office.

If your spouse or you are already in the UK on a spouse visa then watch out for my next blog on extending a spouse visa or applying for initial leave to remain if you are already in the UK on another visa and are eligible to switch.

Should you require any assistance with submitting a spouse visa application then please do not hesitate to contact Ami Dhanjee.

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