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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.
Todays question was about domestic violence to partners of skilled workers. Sorry to say the Domestic Violence rule does not cover skilled workers. The rational probably is that the skilled work visa is a temporary visa allowing residence in exchange for work. The partner of permanent residents route is much different there is permanence in the equations and this allows for relief in situations where there is domestic abuse. My answer is regrettably, if you leave your marriage as a skilled worker for a domestic abuse reason, then unless you have an alternative reason to apply to remain in the UK - you should consider leaving to resume your life in the last country you lived in or otherwise your country of origin.
This is not as tricky as it sounds, what you need know first of all is whether you meet the financial requirement with demonstrable earning of £29.000 in the year of the application. Therefore if you have had more than one job, it can be the cumulative amount that count towards the relevant figure. The UKVI require evidence of the work you are undertaking such as contracts, pay remits, bank statements and other documents that show you are in genuine employment. It is open to them to make checks to verify information you choose to submit.
This post explains who is a partner as applies to the spouse visa criteria.
Global Challenge Immigration News update. Coming to you form Mwansa on behalf of Lawson Hunte Immigration radio 24. #globalchallenge #immigration #uk #ireland #rowanda
Ireland UK & Rowanda Immigration News update. Coming to you form Mwansa on behalf of Lawson Hunte Immigration radio 24. #globalchallenge #immigration #uk #ireland #rowanda
Bringing your Spouse to the UK Episode 3- English Language Exemptions Partner/Spouse Visa exemptions discussed in a broadcast brought to you by Lawson Hunte Immigration Radio 24.
In this episode, Sonya discusses the English Language Requirements as this pertains to the spouse visa. Exemptions will be explored in a subsequent broadcast. This broadcast is brought to you by Lawson Hunte Immigration Radio 24 keeping it real and educating a nation.
This is a discussion by Sonya King Immigration Lawyer on bringing a spouse to the UK. It is a general overview of starting a spouse visa application. The next Episode is titled Speaking the Language.
Sour milk is a violence to the stomach, just as is the fist. In this series Mwansa discusses the question of myths surrounding domestic violence. Unravelling mysteries and lies.
In this post, our very own reporter Mwansa Chikonde seeks to clarify and educate on why women stay in abusive relationships. We hope this is an enlightening and engaging post and would welcome your comments. Find us on Lawson Hunte Immigration Radio 24 on spotify.