FAQs: Family Immigration

Please note that the above questions and answers have been prepared from the emails, telephone calls and actual cases that we have dealt and have therefore not provided any names and addresses in order to keep client confidentiality.

Question:

Given the new salary requirements for spouse and family visas that are effective from 11 April this year, are there still rules on the possibility of combining salary income together with cash savings in a bank account for the purpose of meeting necessary financial requirements?

Answer:

Yes, these rules remain in force and applicants applying for spouse or family visas after 11 April this year can still rely on combining salary income (provided they have been working in the same company for the last 6 months) together with cash savings in a bank account (provided that the remaining amount is held in the bank account for the last 6 months without falling below) for the purpose of meeting necessary financial requirements.

Question:

Given the new immigration changes, what are the financial requirements for spouse and family visas now?

Answer:

Under the new rules effective from 11 April 2024 year the minimum income relief upon must be at least GBP 29,000 gross.

Question:

If an application was made before 11 April 2024 year or the person has previously been granted a Spouse or family Visa - do the new rules on financial requirements also apply?

Answer:

Those who made (submitted) a visa application or have already been granted visa under the Spouse or family visa category before 11 April 2024, shall be able to apply for extension and indefinite leave to remain as per the old rules, that is to show the minimum annual income of £18,600 gross.

Question:

Do the new rules from April 2024 of financial requirements also apply to those who rely on self-sufficiency and savings on account?

Answer:

Yes, they also apply to those who rely on self-sufficiency and personal cash savings account, but with some reservations.

In particular, if the initial family or spouse visa was obtained before 11 April 2024, then when applying for a visa extension and permanent residence, the amount of personal cash savings remains at the level of £62,500 pounds, however, if the initial visa was obtained after 11 April 2024, then for visa extension and subsequent visa applications the amount of personal cash savings must be at least £88,500 pounds.

Question:

Do the new rules on financial requirements also apply to this who make application for an unmarried partner visa?

Answer:

Yes, the new rules on financial requirements equally apply to those applying for unmarried partner visas.

Question:

If my partner changes his/her job after my arrival in the UK, how will this affect me?

Answer:

In order to qualify for the spouse visa, you must meet specific financial requirements. That is the case whether you apply to extend your stay as a spouse or whether you want to apply for indefinite leave to remain. In most cases, in order to address the income requirement, couples rely on the income of the British spouse. Essentially, it is unimportant if your circumstances have changed, as long as the financial requirements are met. This is especially important if you’re thinking of extending your application.

Question:

After getting my spouse visa, where can we live?

Answer:

The law clearly states that the couple should have at their disposal adequate accommodation, without needing to resort to public funds. Aside from this, the couple should have enough income to cover the household costs in the case in which there are other family members that will be living in the same house.

Basically, the house shouldn’t be overcrowded. Aside from this, you should have permission to live in the property. And this should be granted by the person who owns it. Depending on your individual circumstances, you may or may not need to facilitate a certain amount of evidence.

Question:

If I have overstayed my spouse visa, can I still work in the UK?

Answer:

According to the law, you aren’t allowed to work in the UK if you are overstaying. This applies even if your application process is pending. What you need to do is wait until the Home Office processes your application and you can proceed from that point onward.

Question:

What happens if my spouse application is refused?

Answer:

The visa application process can be really stressful, and you might be anticipating the worst-case scenario – that of having your application refused. In this case, in most scenarios, you have the right to appeal. Essentially, a spouse application is seen as a human rights claim. Nonetheless, the process can be quite complicated if you want to appeal the refusal, and you should look for the assistance of a qualified immigration lawyer. Keep in mind that pursuing this path on your own is going to be quite difficult.

Question:

I am in the UK on a dependent visa. My partner here is on an TIER 2. We are breaking up now. Accordingly, we will soon have to submit a notification to the Home Office, and my dependent visa will expire. In view of this, will my visa expire within 60 days from the date of submission of the notice of termination of the relationship to the Home Office or within 60 days from the date of receipt of the letter from the Home Office?

Answer:

Your dependent partner visa will expire after 60 days from the date of the letter from the Home Office, which you will have to receive from the Home Office by post after notifying the Home Office that you and your partner have formally separated, and your relationship has completely ceased. In practice, such a letter from the Home Office can come to you either quite quickly or in a few months time and, accordingly, a period of 60 days can actually begin much later than originally anticipated.

Question:

I want to invite my mother who is a widow of 63 years of age to join me as my dependant in the UK. I am here on Tier 1 Investor visa, and I am completing my five-year stay in the UK soon. What is the procedure?

Answer:

Please note that as you are not settled in the UK, you cannot  yet invite your mother to the UK as your elderly dependant. This Immigration Rule is only for those who are settled in the UK and have parents who require the elderly parent to show they require long-term personal care of the relative in the UK as a result of age, illness and disability and that that care is not available in their home country, or if it is that it is not affordable. We would advise you to complete your five years in the UK and apply for your ILR before inviting your mother to come to the UK as your dependant.  We strongly advise you to take professional advice before making the application.

Question:

I am a British Citizen and would like to invite my fiancée to come to the UK to meet my family, but we have not yet planned to get married. What is the procedure?

Answer:

As you do not yet have definite plans to  marry, your fiancée should not make a fiancée visa application at this stage. She should apply for a visit visa from the British Embassy in her country. Please note that she cannot switch to a fiancée visa whilst in the UK, and she would have to return to her home country to apply. You would need to show good reasons why she wants to come to the UK, and that she has commitments to return to in her home country after the visit to the UK.

Question:

I came on a spouse visa and entered the UK in November 2016. I lived together with my husband in the UK since that time. Unfortunately, my husband was diagnosed with cancer, and he died in April 2018. I do not wish to go back to my country.  Is there any application that I can make to stay here in the UK?

Answer:

Yes. You can apply for ILR in the UK under the bereaved spouses provision of the Immigration Rules. Once you have ILR, you can apply for naturalization after a total of five years residence in the UK, provided you fulfil the other requisites for naturalization as well.

Question:

If I am in the UK on a dependent unmarried partner visa, my partner has an Investor visa, but we break up, and our relationship ends, and we have a minor child who was born in China, and who also lives in the UK with us - can I apply for a parent visa if my child is not a British citizen? He also has a dependent visa. He is 3.5 years old, of which he has lived in London for more than 2.5 years, he goes to kindergarten at a state primary school.

Answer:

A parent visa can be applied for if the child is already a British citizen who was born in the UK. In your case, the child was born in China and the dependent visa of the child was issued on the basis of the main visa of the child's father. The child's visa does not depend directly on the mother's visa. In view of this, when you and your partner notify the Home Office that your relationship is over, then you, as the mother of the child, will not be able to get a parent visa or something like that, since the child himself does not permanently reside in the UK and plus the child's visa depends on the father's visa, but not on the mother's visa. Also, you, as the mother of the child, will not be able to rely on sole responsibility over the child, since the visas for the mother and the child are dependent on the main visa of the father of the child, that is, if you show that only you, as a mother, are responsible for the child, unfortunately this will not help you in any way, since you do not have the main visa, and you are not the main visa holder.

Question:

I am from Belarus and am in a relationship with my partner, who is a British Citizen. We have been living together for more than 6 years in a ‘relationship akin to marriage’. My partner does not wish to return to the UK. Can I make an unmarried partner application?

Answer:

If your partner is not willing to relocate to the UK, then it is not possible for you to make an application as an unmarried partner of a British Citizen. However, if he agrees to move to the UK, you can apply for entry clearance as an unmarried partner.  You would need to provide good evidence of your relationship and cohabitation covering at least the last 2 years. Please note that this is not a straightforward application, and you should seek professional advice.

Question:

I am an international student and have recently undertaken a Muslim marriage in the UK with my fiancée, who is a British Citizen. Is it possible for me to obtain a visa from here?

Answer:

Please note that apart from a church marriage, no other religious ceremony is yet considered constituting a valid marriage in the UK.  You no longer need permission from the Home Office to get married, and you can give notice to a marriage registrar to get married in the UK. The Muslim marriage is therefore not a legally valid marriage in the UK and you cannot make any application on that basis. You would have to wait until you have conducted a civil marriage ceremony and then apply to the Home Office for further leave to remain as the spouse of a British citizen.