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Challenging Removal From The UK

Our Immigration Solicitors are specialised in providing legal representations to those whose removal from the UK is imminent. If you have been refused entry to the UK at a UK port of entry and your removal from the UK is imminent, we can represent you and can assist you with challenging your removal from the UK.

Similarly, if you were living in the UK and have been detained by the UKBA and you have been served with Removal Directions, we can challenge your removal from the UK if it is considered that your removal from the UK is not in accordance with the UK immigration and human rights laws. We make representations to the Home Office, UKBA as to how their decision to remove you from the UK is not in accordnce with the relevant immigration and human rights laws and why the removal directions should be cancelled. If these representaions are not accepted by the Home Office, UKBA and removal directions are not cancelled, we then consider seeking emergency injunction from the High Court Judge to challenge your removal if such removal is not in accordance with law. In cases of an imminent removal from the UK, please contact us on our emergency contact numbers: 07940 356 532 / 07900 260 925.

FAQs - Spouse Visa UK

What is the spouse visa UK processing time?
  • An in-country application for UK spouse visa submitted through our same day visa service is usually decided by the Home Office, Public Enquiry Office (PEO) within 24 hours.
  • An in-country application application for UK spouse visa submitted by post is decided according to the Home Office guidelines for processing of UK spouse visa applications
  • An out of country UK spouse visa application submitted to the British Embassy / High Commission is decided by the Home Office UKBA according to the Home Office Guide to the Visa Processing Times
What is spouse visa UK English Test requirement?

For UK spouse visa, the applicant must meet the English language requirement. You will meet the requirement if you can show that you:

  • are a national of a majority English-speaking country; or
  • have passed an English language test approved by the Home Office, UKBA at the appropriate level; or
  • hold a degree that was taught in English and is equivalent to a UK bachelor's degree or above.

Exemptions

You do not need to meet the English language requirement if you provide satisfactory evidence that:

  • you are aged 65 or over when you make your application; or
  • you have a physical or mental condition which would prevent you from meeting the requirement; or
  • there are exceptional compassionate circumstances which would prevent you from meeting the requirement.
What application form is used to apply for spouse visa from outside the UK?

An application for UK spouse visa from outside the UK is usually made online through visa4uk website. Countries in which online application for spouse visa cannot be made, entry clearance application for spouse visa for UK should be made using application form VAF4A along with Appendix 2 or other relevant appendix.

What application form is used to apply for UK spouse visa from inside the UK?

An application for UK spouse visa from inside the UK is made using application form FLR (M). We can provide Same Day Visa Service for your application for spouse visa from inside the UK.

What is a genuine and subsisting relationship?

If your relationship is genuine and subsisting, the Home Office, UKBA would expect you to be able to show evidence that you:

  • are in a current, long-term relationship;
  • are living together with your partner;
  • share responsibility with your partner for any children;
  • share financial responsibilities with your partner, such as a joint mortgage or tenancy agreement, a joint bank account or joint savings, and utility bills in both your names;
  • and your partner have visited one another's home country and family; and
  • you have made plans about living together in the UK with your partner.

In the case of an arranged marriage, you and your partner should both consent to the marriage and agree with the plans made by your families.

How much income do I need to have to meet the financial requirement?

You must have an income of at least £18,600 gross per year.

If you are sponsoring a child as well as a partner you will need an income of at least £22,400.

For each additional child being sponsored you will need an additional income of £2,400. For example, if you are you are bringing 2 children with you to the United Kingdom, you must have an income of £22,400 for the partner and one child and £2,400 for the additional child, so a total of £24,800.

You will be required to provide documents to show that you can meet the financial requirement. The way you meet the requirement will be different, depending on whether you are applying from inside or outside the UK.

Exemptions

You will be exempt from the new financial requirement if your sponsor receives a specified disability-related benefit or carer's allowance in the UK. You will need to show that your sponsor can maintain and accommodate you without access to public funds.

Can you switch into spouse visa if you are already in the UK?

You may be allowed to switch into the category of partner if you are currently in the UK in a different immigration category.

You will not be allowed to switch if you are in the UK:

  • as a visitor;
  • with permission to stay that was given for a period of less than 6 months (unless that leave was as a fiancé(e) or proposed civil partner);
  • on temporary admission; or
  • in breach of the Immigration Rules (a period of overstaying of less than 28 days will not be taken into account).
For how long you will be granted the UK spouse visa?

Applications from outside the UK

If your visa application is successful, the Home Office, UKBA will grant you a visa for 33 months. Shortly before the end of that period, you can apply for spouse visa renewal/extension.  If you still meet the requirements you will be granted permission to stay for a further period of 30 months.  Once you have completed 5 years in the UK, as the partner of someone who is a British citizen or settled in the UK, you can apply for ILR as a spouse.  

Applications from inside the UK

If your application to switch into spouse visa is successful, the Home Office, UKBA will grant you permission to remain in the UK (known as 'further leave to remain') for 30 months.  Shortly before the end of that period, you can apply for extension/renewal of your spouse visa.  If you still meet the requirements you will be granted permission to stay for a further period of 30 months.  Once you have completed 5 years in the UK, as the partner of someone who is a British citizen or settled in the UK, you can apply for ILR as a spouse

What is the date of your spouse visa application if you are applying from outside the UK?

The date of your application is the date when your application fee is paid to the UKBA. This will be the date shown on your payment receipt, which depends on how you paid for your visa application - for example, at a visa application centre or online.

When can you apply for ILR as a spouse?

If you have been granted initial spouse visa under the Immigration Rules in place before 9 July 2012, you can apply for ILR as a spouse 28 days before completing your two years residence in the UK on spouse visa.


If you have been granted initial spouse visa under the Immigration Rules in place on or after 9 July 2012, you can apply for ILR as a spouse 28 days before completing your five years residence in the UK on spouse visa.

If you have been granted initial spouse visa under the Immigration Rules in place on or after 9 July 2012 and the leave was granted relying on paragraph EX1 of the Appendix FM of the UK Immigration Rules, you can apply for ILR as a spouse 28 days before completing 10 years residence in the UK on spouse visa.

How can you challenge the refusal of your UK spouse visa application?

If you applied for UK spouse visa from outside the UK, the refusal of your application can be challenged by way of an appeal to the First Tier Tribunal within 28 days of the date of receipt of the refusal letter.

If you applied for UK spouse visa from inside the UK, you can challenge the refusal by way of an in-country appeal to the first-tier Tribunal within 10 working days of the date of receipt of the refusal letter (5 working days if you are in detention at the time of the service of the refusal letter). If you have not been granted appeal right, you can challenge the refusal of your application by way of Judicial Review in High Court within 90 days of the date of the refusal letter.

Can I meet the financial requirement by showing funds transferred from investments, stocks, shares, bonds or trust funds?

Funds held as cash savings by the applicant, their partner or both jointly at the date of application can have been transferred from investments, stocks, shares, bonds or trust funds within the period of 6 months prior to the date of application, provided that:

  • The funds have been in the ownership and under the control of the applicant, their partner or both jointly for at least the period of 6 months prior to the date of application.
  • The ownership of the funds in the form of investments, stocks, shares, bonds or trust funds; the cash value of the funds in that form at or before the beginning of the period of 6 months prior to the date of application; and the transfer of the funds into cash, are evidenced by a portfolio report or other relevant documentation from a financial institution regulated by the appropriate regulatory body for the country in which that institution is operating. (iii) The requirements of Appendix FM-SE in respect of the cash savings held at the date of application are met, except that the period of at least 6 months prior to the date of application in paragraph 11(a) will be reduced by the amount of that period in which the relevant funds were held in the form of investments, stocks, shares, bonds or trust funds.

This means that, where the cash savings have previously been held as investments, stocks, shares, bonds or trust funds that were owned by and under the control of the applicant, their partner or both jointly, this ownership period can be counted towards the 6 month period. So money held as cash savings at the date of application can have been liquidated by the same owner(s) from investments and may have been held as investments for the first part of the period of 6 months prior to the date of application and as cash savings for the rest of that 6 month period. Evidence must be provided showing that:

  • The investments, stocks, shares, bonds or trust funds were in the ownership and under the control of the applicant, their partner or both jointly for that part of the 6 month period prior to the date of application before they were liquidated into cash savings;
  • The value of the investments, stocks, shares, bonds or trust funds at or before the beginning of that 6 month period was at least equivalent to the amount of the cash savings relied upon in the application; and
  • The cash savings meet the requirements of Appendix FM-SE.

If this evidence is not provided, the cash savings previously held as investments, stocks, shares, bonds or trust funds cannot be counted towards the financial requirement.

Additional information