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Immigration Rules and Marriage

Applying for a spouse visa can be a stressful process; this is because by its very nature, the institution of marriage indicates that the parties have a right to live together. Immigration law, particularly in the UK indicates something different. Under this regime you can choose to marry whosoever you wish; in whichever location you wish. However, if your spouse is overseas, you will then have to prove you meet the requirements of the immigration rule and all of its many features. The law concerning the right of spouses to live together is contained in the immigration rules. This law is said to encompass Article 8 which is the human rights declaring that individuals have a right to a family and private life. But how do you prove this; merely being married is not enough, you must prove that your marriage is genuine i.e., not a sham marriage made for the purposes of gaining a visa for one party or the other. The next thing is the marriage must be within its currency or otherwise subsisting (the couple consider themselves as husband and wife and wish to establish this fully). The rule is complex requiring a minimum income threshold to be met. For entry clearance cases this falls to the sponsor. If the sponsor and applicant are in the UK, the minimum income threshold can be proved by both parties. Following on from this there has to be adequate housing provision for the couple and if they have kids (the entire family). The rule looks at criminality, suitability for issuing a visa and also English Language and tuberculosis screening requirements. This is not an easy route with hurdles which could cause frustration at times. It is an application many attempt without using a lawyer; however, our recommendation is to get advice. We offer a 20-minute free advice session which can take place on any day of the week. If you have a concern or question you want to ask; our answer is YES, we are available to answer you. Our office contact details are here.  
This post explains what to look out for when you are shopping around for immigration services.
by Sonya King 12 February 2025
This post explains what to look out for when you are shopping around for immigration services.
by Sonya King 31 January 2025
In some cases, you may be eligible for an eVisa (digital immigration status) instead of a physical BRP. Check your visa decision letter for instructions. Access your eVisa via the 'View and Prove Your Immigration Status' online service: www.gov.uk/view-prove-immigration-status. Log in using your details (email and passport number or reference number) to view your visa information and share it with others if required. The system will not recognise the vignette, use the contact us segment of the website and request help. The UKVI will take it from there.
Employment Financial Requirements - UK Immigration Guide
by Sonya King 29 January 2025
Understanding Employment Financial Requirements under Appendix FM Discover the key employment financial requirements for UK immigration under Appendix FM. Learn about the minimum income thresholds, necessary documentation, and how to meet the criteria for family visa applications.
The employed partner - what you need to consider
by Sonya King 23 January 2025
This post specifically examines issues of employment within the UK Visa - Partner Category. It is intended for providing clarity on expectations and managing this.
by Sonya King 21 January 2025
In the upcoming weeks we will focus on informing the public on the employment requirements for Spouses. For Training and Information for Practitioners and Students consult Sonya King (Author).
by Sonya King 10 January 2025
Apart from those with Right of Abode, there is another category of individuals who are not subject to the Immigration Rules rather their presence in the UK is governed by International Agreements. This includes diplomats, persons attending international conferences, members of international organisations such as the Commonwealth Secretariat and Members of International Forces under the Nation Status Forces Agreement. Under some of the international agreements controlling the presence of Exempt persons and their spouses there is automatic permission for the Spouses to work in the UK. Under others such as the Nato Forces Agreement there is no implicit right to work for the spouses as the agreement does not automatically grant work permission, they would need to check whether work is possible with their command and or should they obtain employment obtain what is known as a positive verification notice applied for by their employer. It is useful, therefore for holders of Exempt Status to apply for a vignette before entry. A vignette is a stamp affixed to a passport indicating status and conditions.
This is an overview of how we intend to work with you in 2025
by Sonya King 3 January 2025
More than just immigration law, we give added value. This post welcomes you to work with us in 2025. It informs how we work and what we are willing to give. We will manage your case expertly, your expectations and work towards your future in the UK in partnership and in compliance with Governmental requirements.
by Lawson Hunte 11 December 2024
The Life in the UK test is a vital step for British citizenship, but it can feel daunting for many. The test assesses knowledge of British history, traditions, and laws, with questions ranging from medieval monarchs to modern customs. Applicants often struggle because the content can seem far fetched and not easy to associate with day to day life, especially for those new to the UK. The test's multiple-choice format hence, knowledge is key , the pass mark is 75%. Many are nervous even before the study begins. That is why we are developing a program to help.
by Lawson Hunte 11 December 2024
Naturalising as a British citizen is a significant milestone, offering the opportunity to fully embrace life in the UK. The process involves meeting key criteria: residing in the UK for at least 5 years (or 3 if married to a British citizen), holding Indefinite Leave to Remain, and demonstrating good character. Applicants must also prove their English language ability and pass the Life in the UK test, covering British history, culture, and values. Finally, a citizenship ceremony celebrates this new chapter. Naturalisation isn’t just legal status—it's a new chapter for many, providing freedoms, rights and responsibilities to one of the most progressive nation states in the World.
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