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14 May Family members of British-EEA nationals

Posted on May 14, 2019 in EU Immigration by
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If a non-EEA citizen is the family member of a British-EEA national, he/she must apply for a spouse/ fiancé (e) visa rather than an EEA family permit in order to join his/her partner in the UK.

Migrant is able to apply for indefinite leave to remain (ILR) once he/she has resided 5 years continuously in the UK under the spouse visa scheme.

Who can be considered as a ‘partner’?

Under Appendix FM of the Immigration Rules, a ‘partner’ can be defined as a fiancé(e), proposed civil partner, spouse, civil partner, unmarried partner or same sex partner of a British citizen or an ILR holder.

How long is a spouse visa granted for?

The initially leave to enter/remain is granted for up to 33 months, and it can be extended for another 30 months. Please note that there are no work restrictions on the spouse visa.

The requirements of the spouse visa application

Migrants have to meet the requirements of the spouse visa application as below:

  • 18+ years old
  • Genuine relationship
  • Financial requirement- A minimum income threshold of £18,600 is required
  • English language requirement- Level A1 in speaking and listening
  • TB test (if applicable)
  • Accommodation in the UK

 

Applicants will also need to show that they intend to live permanently with their partner in the UK.

Please note that the financial threshold will vary depending on your situation or if you are applying with dependent children.

For more information in relation to the specific financial requirement for spouse visa, please contact us.

What kind of supporting documents should you provide as the evidence of your genuine relationship?

If the couple has been living apart for a lengthy period of time, or have never lived together, prior to submitting a spouse visa application, suitable evidence of a genuine and subsisting relationship could include but not limited, for example:

  • Records of holidays taken together, such as airplane tickets, train tickets, hotel information etc;
  • Evidence that the couple have kept in touch whilst apart; such as the screenshots of video calls, messages, phone calls etc;
  • Evidence that the couple has met in person, such as photographs of the couple;
  • Letters of support from friends and family;
  • Evidence of any joint financial commitments;
  • Any other formal documents linking the couple (invoices, memberships etc.).

 

If the couple has been living together prior to making an application, then in addition to the above, the Home Office would expect to see evidence of the cohabitation such as tenancy agreements, mortgage statements, joint name bank statements, utility bills etc.

Contact Our Immigration Team

For expert advice regarding any aspect of the spouse visa application, please contact our immigration team on 0203 384 3075 or contact us here.

 

 

 

 

The content of this article is for general use and information only. Since each case should be prepared on its own merit and in light of the constant amendments to the Immigration Rules, it is important to note that the information provided must not be relied upon unless Migra & Co has either given written consent or has been officially engaged in relation to a specific immigration matter. As a result, Migra & Co will take no responsibility for any damage, cost or loss resulting from relying on the information contained in this article, blog and website.