Fiancée, Civil Partner, Family Members
Fiancée applications from outside UK
* As leading immigration lawyers will advise, aside from a spouse application, partners can also apply to join sponsors in the UK, as fiancées.
* The fiancée applications are relatively similar to marriage applications, with the key, obvious difference being that the marriage requires the parties to produce a valid marriage certificate whist the fiancée application does not.
* If you wish to marry within the UK after obtaining a fiancée visa or enter into a Civil Partnership with a UK national and then settle permanently in the country, Rule 290 can be used for your benefit.
* If you want to come to the UK under a fiancée visa to join your UK partner, you can apply to do so if your partner is currently living in the UK and settled here; or returning to the UK with you to live here permanently. Settled in the UK usually requires that they have a British Passport or Indefinite Leave to Remain.
Other requirements include:
* Both partners must be at least 21 years old at the time of the application.
* Both parties must have met one another, but an arranged marriage where they have met is acceptable.
* You plan to marry within 6 months in the UK, which is the validity of the visa.
* You plan to live together permanently after you are married, usually in the United Kingdom.
* Both before and after the marriage, there is an adequate place for you to live, this means that you have some where lawful to live, which is of adequate size.
* You and any dependants (usually children) can be supported without working or needing help from public funds before the marriage.
* And then after the marriage, with the ability to work, the applicant can support herself and her husband’s using the couple’s joint income without needing public funds / benefits.
* All fiancée visa applications must be made from the home country, once they are approved, entry clearance is given for 6 months. During that 6 months the couple can be married.
* Once they are married they can stay in the country and apply to remain in the UK as a married person at that point.
Proposed Civil Partners
* The “proposed civil partner” visa act in very similar ways to a fiancée visa. It allows a foreign national to enter the UK (they cannot make the application in the UK) for the purpose of having their civil partnership ceremony. Once they have the civil partnership they can switch into the “civil partner” immigration category
* Our immigration lawyers can advise on whether in your situation, it is best for you to apply for a proposed fiancée visa first, or whether you should get married via a civil partnership first and then apply for a civil partner visa directly.
Proposed civil partner requirements
(a) The couple need not have lived together but they must prove that they are in a genuine and subsisting relationship;
(b) financially, the couple must prove they can support each other before and after the civil partnership. The Immigration regulations have mandated that this requires the UKBA sponsor to earn in excess of 18,600 per annum over a specific period of time. Any shortfall in this income can be met through substantial savings. Our Immigration lawyers can advise by way of a consultation on whether you meet these complex rules
(c) You must also intend to undertake your civil partnership within 6 months of the date the visa is granted from.
* The proposed civil partnership will give permission to stay in the UK for six months, with a prohibition on work until the switch to the civil partner visa.
* These rules can seem complex, but our experienced immigration lawyers can assist.
Parents and Grandparents
* The immigration rules allow for British national or somebody holding indefinite to remain ILR to sponsor their parents or grandparents to settle in the United Kingdom.
* As immigration lawyers and immigration solicitors are aware of the requirements for this application are stringent.
The basic requirements
(i) That the Parent or Grant must be over 65 years of age. If they are not, then some exceptional compassionate circumstances must be shown. Please contact our leading immigration lawyers for more guidance on what exceptional compassionate circumstances means in practice. If the applicant is over 65 or shows compassionate circumstances then there are other further requirements
(ii) Those requirements include the need that the UK based sponsor is financially able to support a Parent or Grandparent once they come to the United Kingdom. This requires a detailed analysis of the employed or self-employed earnings of the sponsor as well as an assessment if needed, of their savings.
(iii) The immigration authorities also require the UK sponsor to have adequate accommodation in the United Kingdom to house the parent or grandparent. This means usually means in practice that a spare bedroom exists for the parent or grandparent. Our immigration lawyers have good relationships with local housing assessment officers and reports can be obtained at short notice to fulfil this accommodation requirement.
(iv) Another aspect of the immigration law on parents and grandparents is the requirement that they have no relatives outside of United Kingdom in the home country that the parents or grandparents can turn to for financial support. This does not mean that the parents or grandparents cannot apply from you to the UK if they have relatives in their home country. Rather it means that if the relative in the country is financially able to support the parent in that country then the immigration authorities may refuse the application.
(v) The final aspect and the one that most concerns immigration clients in our experience is that a parent or grandparent must be mainly or only financially dependent on the UK sponsor. This means that the UK sponsor must be sending the parent or grandparent money either their complete expenses or for most of their expenses.
* It is especially important and attractive as it allows for instant indefinite leave to remain or indefinite leave to enter the United Kingdom.
* Also attractive is that this is one of the only these categories that can be applied for whilst migrant is on a visit or tourist visa.
* Please contact our leading immigration lawyers if you need further assistance.
* Under a UK immigration law a parent can bring a child who is not a British to the United Kingdom in limited circumstances.
* The first requirement is that the parents of the child either are British or hold indefinite leave to remain. It is usually the case that either both parents are travelling to the United Kingdom or only parent is alive.
* The single biggest ground of refusal is where one parent is in the United Kingdom and the other parent, (usually due to divorce) is back in the home country. In the circumstances the parent in the United Kingdom has to prove that they have sole responsibility for the child who is looking to make the immigration application.
* The sole responsibility test is a complex and many cases are won or lost on this point. Essentially, for the immigration application to be successful, the UK based parent can show that although they do not have day-to-day contact with the child in question, they do make all the crucial long-term decisions for the child.
These decisions can include:
1. The location of the child’s schooling;
2. Where the child lives;
3. Decisions on whether the child is allowed to travel on holiday or on school trips;
4. What religious occasions of the child will observe and;
5. To ensure that the child schooling is undertaken correctly, including checking reports etc
6. There is usually a financial aspect of the case also, who is paying for the child’s upkeep.
* Please note that this test is different than who has custody of the child, although of course the two things are linked.
* The other requirements are that the child must be under the age of 18.
* The child must not be living in independent life and must be unmarried or not formed an independent family unit.
* A further requirement is that the child must be accommodated properly by the parents, in other words there is physical space at the parents’ home in United Kingdom for the child to live.
* There is a further UKBA requirement that there is enough financial ability of the part of the parents to live in United Kingdom without recourse to public funds all about public funds
being applied for.
* Please contact our leading immigration lawyers for further assistance
* The process of foreign adoption is naturally fraught with difficulty. What can often be an emotionally tiring process is made more difficult by exceptionally tough entry requirements for children that have been adopted by UK based parents. Our experienced immigration lawyers have dealt with these cases both on application and appeal and are able to advise from beginning to end, not only on the rules themselves, but particularly on the approach taken by Home Office caseworkers.
* Contact our leading immigration lawyers for more advice on adoption issues.
* Amongst immigration lawyers, barristers, or solicitors, we are confident to provide professional, honest, and the best immigration legal service for our clients from local or around the world.