How to apply for a UK marriage visa

UK marriage or spouse visa allows a person to live in the UK with his or her spouse who is present and settled in the UK – (ILR Holder or British Citizen). UK marriage visa is a part of the “UK Family visa” category. Since 9 July 2012, you are required to meet the financial requirement to get your partner to the UK. Your partner can also bring children (if any) for the whole they have sole custody or sole responsibility with you to the UK as a dependent child.

Eligibility

There are eligibility conditions that you and/or your married partner need to meet to meet the requirements for making the UK Marriage Visa application. They are the following:

  • You and your partner both need to be 18 or above.
  • Your partner must be a British citizen or should hold Indefinite Leave to Remain in the UK.
  • You must be legally married to each other and marriage should be recognized in the UK or you should be in a civil partnership with each other.
  • You must intend to live together permanently.
  • You must be able to support yourself and dependents (if any) financially on your own or be supported by your partner without seeking public funds.
  • Your sponsoring partner must earn a minimum of £18,600 per year or should have minimum savings of £16,000 to sponsor you. The minimum earning required goes up to £ 22,400 if there is a dependent child. Subsequently, for each child, an extra income of £2,400 per year is required.
  • There must be adequate accommodation for you, your partner and any dependents.
  • You need to have a good knowledge of the English language.

If you meet the above conditions you are eligible to make a UK marriage visa application to join your partner in the UK.

How to apply for a marriage visa UK

You can apply from outside the UK.

You can also apply from inside the UK if you have a leave to remain in the UK for more than 6 months.

If you are in the UK on any other visa that allows you to live in the UK for not more than 6 months then you cannot switch to a UK marriage visa. You need to leave the UK and make a fresh application for the same.

You need to submit all the documents and pieces of evidence required also as part of your application. Your partner in the UK can also apply on your behalf.

You can also bring in your dependent children. You need to add them to your application as dependents.

You need to pay the application fee as well. The fee amount is £1,523 if you apply from outside the UK and £1,033 if applying from inside the UK and Immigration Health Surcharge of £400 per year which will be increased to £624 in October 2020.

If you are granted the visa you can enter the UK and you must collect a biometric residence permit within 10 days of your arrival, which will be given for 2.5 years.

If your visa is rejected you can appeal against the decision provided you are granted the right to appeal in your refusal letter.

How long can you stay?

Initially, you will be allowed to live for 2.5 years in the UK after which you need to apply for an extension if you want to continue living with your partner in the UK. Once you have completed 60 months you can apply for Indefinite Leave to Remain in the UK.

Expert services from Visa and migration

You must seek an expert’s service to make the correct application to avoid refusal. We have been providing immigration services to our clients for several years. You can get our services at all levels right from what to fill, how to fill, what documents to attach, where to send and so on. We make sure your visa application is successful and if your visa gets refused we also help you make a fresh application, make and appeal where many things can go wrong and cost you heavily if you do it on your own. Speak with our experts now, call at +44 (0)20 3411 1261

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A guide about UK fiancé visa cost and fee

UK fiance visa or UK prospective marriage visa is an entry route to the UK. This is a part of the “Family visa” category. With this visa, you are allowed to come to the UK if your fiance is a British Citizen or has settled status in the UK. This is a short term visa that allows you to stay in the UK for six months. You must marry your fiance in those six months to live with your partner beyond six months for which you need to apply for a UK spouse visa. Your fiance needs to sponsor you. So, you are the applicant and your fiance is your sponsor. Unlike other partner visas, you and your fiance need not have lived together before applying for the visa. In this blog, we are going to talk about UK Fiance Visa cost and fees and other details.

Eligibility for UK fiancé visa

All applicants need to meet the following conditions to apply for a UK fiancee visa.

  • You are your fiance must be 18 or above.
  • You both must have met each other.
  • You both must intend to get married within six months.
  • You both must intend to live together permanently after marriage.
  • You both need to show that any relationship that you and/or your fiance were involved in before has ended.
  • You must be able to support yourself financially on your own or by your fiance without seeking any public fund.
  • Your fiance must sponsor you. For this, the minimum earning requirement for your British partner is £18,600 per for a minimum of 6 continuous months before you apply. If your partner fails to meet this minimum income figure then he/she must have savings of minimum £62,500 for a continuous period of six months before you make the application to be able to sponsor you. This minimum income figure goes up if you also want to bring children with you as dependents as they also must be sponsored, which is £22400 for 1st child and then additional £2400 for each child.
  • There must be adequate accommodation for you, your fiance and children if any.

UK fiance visa cost and fee

Like any other visa application, you do have to pay a fee for a UK fiance visa also. However, the fee that you have to pay depends upon your situation, the country that you are applying from and the kind of service you avail to get the process completed. So, the standard fee for the visa is £1,523.

If you opt for a premium service to get a quick decision on your visa in 30 working days then you will have to pay an extra fee for that. With standard fees and time, it takes between 8 to 12 weeks to get a decision.

The basic cost or fee for the visa depends upon how you apply. So the fee structure is like this.

  • If you apply to join your partner from outside the UK as a fiance then you have to pay £1,523 and once you are married you will make an application for spouse visa you will pay £1,033 + Immigration Health Surcharge for 2.5 years.
  • If there is dependent/s added to your application then you have to pay again £1,523 for each of them when applying from outside
  • Priority service usually costs £573 for 30 working day decisions

Please note: – the fee may be payable in local currency or USD, exchange rate and bank charges may apply.

Additional costs or fees to be paid

There are other fees to be paid as well. For example, the TB test cost of £110, English Language test cost of £150 and so on.

Our fee for representing application depends on the circumstances of the parties and the applicants. You can call us on +44(0)2034111261 for a free assessment of your case.

How long can you stay?

You can stay for up to six months with a UK fiance visa during which you should marry your fiance in the UK. After you get married you can apply for a UK spouse visa and if you get it successfully you can continue to live in the UK with your partner.

If you want any kind of assistant for your visa application you can contact us. We help you complete the entire process correctly and smoothly so that there is no chance of refusal of your visa application at all.

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Permitted paid engagement visa UK

If you are an expert in your profession and you have been invited to the UK for a job related to your expertise by a UK-based organization then you can apply for a permitted paid engagement visa.

The following are permitted paid engagements according to the Immigration Rules –
  • An academic who is highly qualified within his or her field of expertise may examine students and/or participate in or chair selection panels, if they have been invited by a UK Higher Education Institution or a UK based research or arts organisation as part of that institution or organization’s quality assurance processes.
  • An expert may give lectures in their subject area, if they have been invited by a UK Higher Education Institution; or a UK based research or arts organisation provided this does not amount to filling a teaching position for the host organization.
  • An overseas designated pilot examiner may assess UK based pilots to ensure they meet the national aviation regulatory requirements of other countries, if they have been invited by an approved training organisation based in the UK that is regulated by the UK Civil Aviation Authority for that purpose.
  • A qualified lawyer may provide advocacy for a court or tribunal hearing, arbitration or other forms of dispute resolution for legal proceedings within the UK, if they have been invited by a client.A professional artist, entertainer, musician or sports person may carry out an activity directly relating to their profession, if they have been invited by a creative (arts or entertainment) or sports organisation, agent or broadcaster based in the UK.

 

Eligibility
If you want to be granted permitted paid engagement visa successfully, you must meet some eligibility conditions. These eligibility conditions are the following:
  • You must be 18 or above.
  • You must be invited by a UK-based company or client.
  • You intend to come to the UK to do a specific job for a maximum of a month’s time for your client. You don’t need to be sponsored which is necessary for the jobs under the point-based visa category.
  • You will leave the UK when your visit time ends.
  • You have enough money to support yourself financially without seeking public funds.
  • You have money to pay for your return travel.
  • You should not be in transit to a country outside the UK, Ireland, the Isle of Man and the Channel Islands.

If you meet the above conditions you should get permitted paid engagement visa successfully. However, you also need to submit some documents along with the visa application.

Documents required

Here is a list of documents that all applicants of permitted paid engagement visa need to submit with their application.

  • Current passport and/or other valid travel identification documents
  • A passport size photograph
  • Documents to prove financial, economic and personal circumstances in the country of your nationality/residence;
  • Full details of your travel plan and your place of stay. You are suggested not to make any payment in advance for your accommodation or travel until you are granted your visa successfully
  • An official invitation copy from a UK-based host organization who will pay you for the engagement in the UK
  • Documents to prove a direct correlation between the job for which you have been invited and your professional expertise and qualification, example a letter from your employer.
How long will the decision on your application take?

Generally, you get a decision within 15 days to 3 weeks after you apply. You can also get a quicker decision by paying more as a fee.

Get help from Visa and Migration Ltd

Visa and Migration Ltd, specializes in every aspect related to UK immigration. We have huge expertise in offering the best services to all professional experts who want to apply for permitted paid engagement visas to come to the UK for a job. We have helped professionals get visas successfully with Home Office applications.

If you are a professional like a musician, entertainer, researcher, lawyer or any other professional looking to secure a visa you can seek our services. The information is provided from the immigration rules and the home office guidance.

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Evidence Requirement for 10 years long residence

You can apply to settle in the UK based on long residence. This route was previously known as Long Residence concession, which means that – a person who has lived in the UK for 10 continuous years lawfully can apply to settle in the UK.

Settling in the UK means that you get “indefinite leave to remain” in the UK that allows you to stay in the UK without any time restrictions.

Calculating Continuous residence

Continuous residence is the time that you spend in the UK without breaching immigration restrictions, which means that you have not overstayed in the UK and have been present in the UK lawfully.

The main clauses of continuous residence are –
  • You can be out of the UK for up to 180 days at a time and 540 days in total during 10 years;
  • Any period spent in prison, young offender institution, secure hospital, Ireland, the Isle of Man or the Channel Islands cannot be counted while calculating continuous residence;
  • The time period of continuous residence for 10 years starts from
  • living for 10 years of continuous years in the UK. The starting day for the calculation of 10 years qualifying period happens to be either the date when you arrived in the UK with a visa or the date when you were permitted to stay in the UK.
  • The period of pending application or appeal under Section 3C and 3D can be counted as continuous;
  • If you went out of the UK with a valid visa and came back with a visa

Eligibility

First, you need to meet the eligibility conditions to apply to settle based on long residence.

The eligibility conditions are the following:
  1. You must have leave to enter or remain in the UK.
  2. You must have been lived in the UK lawfully for 10 years.
  3. You must have maintained the terms of your visa without breaching any immigration law.
  4. If you are aged 18 to 65 you must pass the Life in the UK test and also prove the English language skills required.
  5. There should be no reason based on public interest for you to be denied the ILR status.

10 years long residence documents required

If you meet the necessary eligibility conditions you can apply to settle in the UK. However, you also need to submit the necessary documents to apply. These documents
that you must submit are the following:

  • Your current passport or other valid travel ids.
  • Two identical passport size color photographs of yours.
  • Your BRP (biometric residence permit), if you hold one.
  • All the passports you held during your stay in the UK.
  • Other supporting documents depending upon your immigration status.

You should provide all the documents in English or Welsh Language. If any document is not in the English language then you need to submit a certified translation of all such documents.

When to apply

You should apply to settle in the UK based on long residence before your current leave to remain in the UK expires. You only need to meet the eligibility conditions to apply for the ILR. You must be in the UK to make your application.

Expert services for ILR based on 10 years residence 

Visa and migration have years of experience in making successful applications for the settlement in the UK on 10 years basis.

We have a successful record of advising our clients for ILR long residence applications. You can also get the best immigration services from us when required.

How to apply for a visa as the parent of a child in the UK

The UK Immigration Rules allows a parent to come to the UK to live with their child in the UK. You can apply for a visa as the parent of a child in the UK to take care of your child. However, if you can apply as a partner you should apply for a partner or spouse visa instead of applying as a parent. So, you can come to the UK, remain in the UK and settle in the UK as a parent of a child who is either a British citizen or is settled in the UK provided you meet the eligibility conditions.

 Eligibility requirements for parent applicant
  • You must be 18 or above 18.
  • You must have a genuine and subsisting relationship with your child.
  • You are outside the UK. If you apply in the UK, your child must have lived in the UK for 7 years continuously at the time of your application and it would be unreasonable for them to leave.
  • You must have sole parental responsibility or shared responsibility for your child. If you have shared responsibility then the other parent or carer of the child must be:
  • Either a British Citizen or settled in the UK.
  • Not your partner.
  • You must have access rights to your child in person if the child is living with the other partner or carer. You can get the access rights through either the agreement from the other partner or carer or by a court order.
  • You must prove through evidence that you are taking an active role in raising the child and you plan to continue it.
  • You must meet the maintenance and accommodation requirements. This means you need to prove that you can support yourself and your child sufficiently without seeking any public fund.
  • You must prove that you have good enough knowledge of the English language.
Eligibility requirements for your child in the UK
  • Your child must be under 18 or under 18 when you were first granted leave and not live an independent life.
  • He/she must be a British Citizen or settled in the UK.
  • He/she must be living in the UK.
Fee

Depending on whether you apply in the UK or outside the UK, you need to pay a different fee for the parent of a British child visa UKIf you are applying in the UK, you need to pay £1033 + Immigration Health Surcharge and biometric fee. If you apply outside the UK, you need to pay £1523 + Immigration Health Surcharge.

How to apply?

Whether applying in the UK from outside the UK, you must apply online.

How long you can stay in the UK?

If you are granted the visa, you will be allowed to stay in the UK for 2.5 years and after this, you need to apply for an extension if you want to live further.

How long does it take to get a decision?

If you apply in the UK it takes up to 8 weeks and if you apply outside the UK it takes up to 12 weeks to get a decision on your visa application. It may take longer also depending on your circumstances.

Adding other children as dependents

If you want to apply for more than one child, you can do it by adding them to your application as dependents. Children that you want to add as dependents must be below 18 years of age or they were under 18 at the time they were first granted leave on a family visa and they are not living an independent life.

How we can help?

Applying for the visa as the parent of a child in the UK is a complex process. As immigration lawyers, we will provide you with the relevant immigration advice and services to make the application process easy for you and achieve success.

UK Visa Administrative Review: faqs, fees, and processing time

Visa refusal is quite evident in the UK. Hundreds of visa applications are refused every year for various reasons. Once a visa application is refused applicant may have 3 options to exercise. The applicants can apply for  –

  1. A fresh application.
  2. An administrative review and
  3. An appeal.

The applicant is informed about his/her right to go for either administrative review or an appeal in the refusal letter sent from the Home Office.

 UK visa administrative review FAQS 

There are some frequently asked questions related to UK visa administrative review. Let us see them here.

 What is an administrative review?

Administrative review is a process to seek a review of your visa application conducted by a different home official. You can seek administrative review only if you believe that there is an error in decision making from the Home Office on your visa application despite the submission of all the correct documents. You cannot submit fresh information or documents in this process unless you are asked to.

Administrative review applies to point-based visa categories such as Tier1, Tier2, Tier 4 or Tier 5.

What is the time limit for an administrative review?

If you are outside the UK, you must apply for an administrative review within 28 days of getting a decision on your visa application.

If you are in the UK, you must apply within the 14 days of getting the decision.

 How much does an administrative review cost?

You need to pay £80 as a fee for it if you apply in the UK. You can include any dependent also whose application has been refused with yours at no extra charges. It costs you nothing if you apply from outside the UK.

How to apply for Administrative review?

You can apply online whether you apply from outside the UK or in the UK. Your refusal letter sent to you will tell you how to apply. Errors that you point out in your application will be checked out.

 How long does it take for a decision on Administrative review?

You should ideally get a decision on your administrative review application within 28 days. But if it is going to take more than 28 days, you will be notified about the same in writing.

Can I stay in the UK?

If you apply for an administrative review inside the UK, you can legally stay in the UK for 14 days (time allowed to apply for administrative review) after refusal and after that, you can continue to stay in the UK until your review has been completed.

What if my review application is successful?

If you get a decision in your favour against your review application, the original decision from the Home Office will be withdrawn. You will be granted leave to remain in the UK with a Biometric Residence Permit visa card.

What if my review application is unsuccessful?

You can apply for a judicial review within the 3 months of the decision.

Can I apply for a second review?

No, you cannot apply for a second review unless there are new reasons that come out in the review the process as a ground of visa refusal.

Can I withdraw my request?

Yes, if you make new immigration or visa application your request for administrative review will be withdrawn.

You must apply carefully for administrative review as it involves time and money. You should seek expert’s guidance on it.

At visa and migration, we provide full support for making administrative review application. You can contact us if you need an expert’s support.

 

 

How to appeal against UK spouse visa refusal

Refusal of any kind of visa application is bad. UK spouse visa refusal is even worse because you cannot join your partner in the UK. However, you can appeal against the decision of the Home Office. You will be informed about the right to appeal in the refusal letter.

 Who can appeal?

Applicants who wish to join his/her married partner who is a British citizen can apply for a UK spouse visa. But if your visa is refused for one of the several possible reasons you can either apply for a fresh application or you can make an appeal against the decision. You will be informed about whether you have the right to appeal or not in the visa refusal letter sent to you by the Home Office.

 How to appeal?

If you feel that the Home Office did not apply the law correctly while making their decision on your visa application, you can go for an appeal. You will be given a right to appeal to the First-Tier Tribunal Immigration and Asylum Chamber.

You can apply from within the UK and from outside the UK. When you want to appeal from within the UK, you must do so within the 14 days from the date of the decision. When you want to appeal from outside the UK, you must do so within 28 days after getting the decision. If you fail to apply within the time mentioned here and you still wish to apply you must explain the reason to the tribunal. Tribunal will decide if it can still hear your appeal or not. You can appeal online or through the post or fax.

 The process of appeal

You can ask for an oral hearing. You need to either provide further evidence or need to prove that evidence that you submitted is sufficient. However, having an oral hearing will be decided by the tribunal whether you ask for it or not.

If the tribunal decided to give an oral hearing you will be informed about this and then you can attend the hearing. If no oral hearing is given to you, a judge will make a decision on your case based on your appeal form and the documents provided.

Usually, all hearings take place in public but if you want it in private, you can place a request sighting the reason for it. You also have the right to ask for a male or female judge but the decision on it will again be taken by the tribunal only.

 Fees for an appeal against the UK spouse visa refusal

The fee for an appeal is £80 if there is no oral hearing while £140 if there is a hearing. But if get asylum support, legal aid or services from your local council and you are under 18 you may not have to pay a fee at all.

 Getting a decision on your appeal

The tribunal will decide either in favor of your appeal or reject your appeal. If the tribunal allows your appeal it may simply mean that the Home Office needs to reconsider its decision. If you win the appeal Home Office will change its decision and you will be allowed to stay in the UK with your spouse. If your appeal is rejected then you may have to leave the UK.

You will be given the decision in person or by post by the tribunal. You will get a copy of it within the 4 weeks of the hearing.   You can appeal against the decision of the tribunal also.

Get support from Visa and Migration

Visa and migration is a specialist in providing you with all advice and immigration services. We provide all kinds of support related to UK visa spouse refusal and other visa supports.

Read another blog  on How to Appeal if Your Spouse Visa is Refused

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EU Nationals and Family members

 

EU Nationals

European Union or EU is a union of 27 member states. All these EU states are primarily located in Europe. Some major EU member states are Austria, Belgium, Bulgaria, Croatia, Germany, the Czech Republic, France, Finland, Spain, and the UK. Citizens of these countries are called EU Nationals or EU Citizens.

 EU nationals living in the UK after Brexit

The UK left the European Union on 31st January 2020 as a result of Brexit. Now, all EU nationals living in the UK need to apply for the EU settlement scheme if they wish to continue living in the UK. You will get either a “settled” or “pre-settled” status as a result of your application. Which status you get will depend on when you apply. However, you must have started living in the UK by 31st December 2020 to get one of these two statuses.

Currently despite the Brexit, all EU nationals will enjoy all their rights and status in the UK until 30th June 2021. If you wish to continue enjoying all your rights and status after 30th June 2021, you must apply for an EU settlement scheme.

 EU settlement scheme

EU settlement scheme allows all EU nationals and their family members to continue living in the UK after Brexit. All those who get a successful decision on their application will get either settled or pre-settled status. The last day to make an application is 30th June 2021.

Settled Status & Pre-settled status

If you started living in the UK by 31st December 2020 and you have been in the UK 5 years or more, you will be given settled status.

If you don’t meet 5-year continuous living in the UK condition you will get Pre-settled status. With pre-settled status, you can stay in the UK until you complete 5 years here, after which you will be eligible to get a settled status.

Family members of EU nationals 

Family members of EU nationals can be an EU national or non-EU national and will need to apply under the EU Settlement Scheme

 Family members of EU nationals after Brexit

Earlier one could apply for a family permit to join their family member in the UK. However, after the Brexit, the scenario has changed. All family members of EU nationals who wish to continue living with them in the UK or join them in the UK and live with them after Brexit need to apply for the EU settlement scheme, EU settlement scheme family permit or EEA family permit. Which scheme you need to apply depends on your nationality and relationship with an EU national living in the UK.

 Eligibility for your family members

If your family member is also an EU national and they are or they come to the UK by 31st December 2020, they can apply for the EU settlement scheme to continue living in the UK.

However, if they fail to be in the UK by 31st December 2020 you may be able to still join you in the UK but under the new law which is likely going to be announced by January 2021.

  1. Family members who are EU nationals but not in the UK by 31st December 2020

If your family member who is an EU national fails to be in the UK by 31st December 2020, they can join you in the UK provided the following conditions are met:

  1. You must already have either settled status or pre-settled status.
  2. Your relationship must have begun before 31st December 2020. However, if your family member is a Swiss Citizen the date applicable is 31st December 2025.

 

  1. Family members who are non-EU nationals

If your family member is a non-EU, non-EEA and non-Switzerland national, they can apply for EU Settlement scheme family permit or EEA family permit to join you in the UK. However, in both cases, your family member must be outside the UK.

Close family members of EU nationals with settled or pre-settled status in the UK can apply for the EU Settlement Scheme Family permit. Close family members include spouse, civil partner, dependent child or dependent parent of an EEA national.

Close or extended family members can apply for an EEA family permit. The extended family includes brother, sister, aunt, uncle, cousin, nephew or niece.

If you are looking to apply for yourself or your family member contact Visa and Migration ltd on +44 (0)2034111261

 

 

Visa Refused – What to do next ?

Visa refusal is quite common. The applicants themselves can make a mistake or may not include the relevant evidence in support of the application which leads to a refusal of the application. In some cases, there may be incorrect consideration due to which the applicant can also be refused.

The simplest and most common reason for the visa refusal is incorrect submission or omission of details in the application form. Similarly not attaching required documents is also one of the most common reasons for visa refusal. Like this, there are other reasons why your visa application may be refused.

 Once your visa application has been refused what can you do? Well, you can apply a fresh application correcting the mistakes pointed out as a reason in the refusal letter. You can seek administrative review – if granted the right to do so – or go for an appeal against the decision if you have been granted the right of appeal.

In cases where you do not have a right to administrative review or right of appeal, you can only challenge the refusal by way of Judicial Review – where your case is looked by an independent judge.

Generally, you are always informed by the UK Home Office in your refusal letter whether you are entitled to the administrative review/appeal or not and also includes the reasons for refusal of your application.

 Administrative Review

Administrative Review is granted if you are detained at the border, upon refusal of a point-based system application and there is a strict timeline to 7 days if you are detained, 28 days if you made an application from outside the UK and 14 days if you made an application from within the UK

 UK Visa Appeal

You can appeal against the decision to the tribunal only if you have been granted the right to appeal. You will be informed about it in the refusal letter from the Home Office. You can appeal in the following conditions:

  • The Home office has refused your protection claim/asylum claim/humanitarian protection.
  • There is a refusal of your human rights claim.
  • You got a decision under the European Economic Area (EEA) Regulations like the Home Office has decided to deport you or refused to issue you a residence document.
  • A decision to revoke your protection status has been given.
  • British citizenship is being taken away.

 If you are appealing in the UK, you can appeal within the 14 days of receiving a refusal letter. If you are applying for appeal from outside the UK, you have 28 days to appeal after receiving the refusal letter. If you apply after the deadline, you must explain the reason for appealing late. In this situation, the tribunal will decide if it can still hear your appeal or not.

You can file your appeal form with supporting documents. After this, there will be hearing of your appeal by a judge who will hear your case and usually judgment is given in 3-4 weeks. You will get the judgment in writing, however, you should keep in mind that the appeal process can be lengthy and expensive

Reconsideration

The UK rules provide a right of reconsideration if your application has been refused for NTL, TOC or you made an application to extend your leave, switch your visa or settle in the UK. It is important to note that this provision generally applies to applications made inside the UK, however, you can always request reconsideration.

Generally, an application made within the UK will only be reconsidered if –

  • new evidence about the date of the application
  • new evidence to prove that your documents were authentic
  • evidence that information received by UK Visas and Immigration (UKVI) before the decision date was not available to the team who made the decision
Judicial Review

If you intend to challenge the decision via a Judicial Review this must be done within 3 months from the date of the decision to refuse. Judicial review is a stage-wise process and in some cases can be lengthy and expensive and you should always seek professional assistance with this because if you get something wrong then the case may be thrown out of the court.

Seek expert’s advice throughout 

You should seek an expert’s advice when you are making a visa application for the first time so that there is no chance of visa refusal. However, if you did not do so, you must seek expert advice after the visa refusal. This is vital because all the preparation and presentation of your case will be done now by an expert representative which gives you the maximum chance of decision coming in your favor.

If you need expert advice for UK Visa refusal, get in touch with our experts now, call +44 (0)20 3411 1261 or visit www.visaandmigration.com

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UK Family Visa – Things you must know

UK Family Visa

If you wish to join your family member in the UK who is a UK resident and you intend to join them for more than 6 months, you need to apply for a visa in a relevant category. If you are outside the UK you can apply to join your UK resident family member provided you meet the requirements of relevant Immigration Rules. If you are already in the UK on a family visa, you can apply to extend your stay before the time allowed for you to stay in the UK gets over.

 Who can you join in the UK on Family Visa?

You can apply for the UK family visa if you want to live with the following:

  • Your spouse or partner who is British or holds Indefinite Leave to Remain in the UK
  • Your fiancé, fiancée, or your proposed civil partner who is British or holds Indefinite Leave to Remain.
  • Your child under 18 who is British.
  • Your relative/ parent/ Grandparent who will take care of you for the long term if you are sick, disabled or simply aged and they are joining a person in the UK who is British or holds Indefinite Leave to Remain.
  • Your spouse/partner present in the UK on a Point Based System category – you will need to make a dependent application for this category
  • EEA/EU family members can apply under the Appendix EU of the Immigration Rules

Apart from these, you can also apply based on private or family life if you have lived in the UK for several years already provided there are insurmountable obstacles or compassionate and compelling circumstances. You can also apply as a widowed partner of a former UK National if you were granted leave to enter or remain as a spouse previously.

Eligibility

For a successful family visa application, you need to prove the followings:

  • You have a genuine relationship with your family member in the UK.
  • The relationship is legally recognized in the UK
  • You intend to live permanently with your family in the UK.
  • You have a good knowledge of the English language. However, in some cases, you are exempted from this condition such as you are under 18 or over 65 or you have long term physical or mental health problems;
  • You will need to meet the maintenance and accommodation requirement;
  • Your criminal record is clean and there is no serious or outstanding conviction against you; and
  • You meet the relevant requirements of the Immigration Rules

Apart from these general eligibility conditions, you also need to prove different conditions about the specific family visa category. For example, if you are joining as a partner you need to prove that you both are above 18 and you are either married, civil partners, engaged with an intention to get married within 6 months or you both have been living together in a relationship for more than 2 years. You may also need to fulfil the financial requirement in some cases, unless you are exempt due to the partner receiving PIP, DLA or Carer’s allowance

How long it takes to get a decision?

Usually, it takes 8 to 12 weeks from the application date to get a decision from outside the UK and from 8 weeks to 6 months from inside the UK. You can also get a faster decision by using the super-priority service.

What you can do and you cannot do after the visa is granted

Once you get a successful decision on your UK family visa application you are allowed to work and study in the UK. However, if the purpose of your visa application or extension of your stay in the UK is to get married or become civil partners, you cannot work or study in the UK unless you are granted leave to remain in a relevant category.

You are generally not allowed to seek any benefit or public funds to meet the financial requirements of your own or any dependent.

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