Anyone familiar with the Immigration Rules will know that they can be a minefield and a failure to follow them will result in the application being refused, so it is important that your legal team understands these rules which are not just within Appendix FM, but also in Appendix FM-SE and as well as being scattered within the rules.
The first issue is what is a spouse?
The Immigration rules themselves do not define a spouse, but the Interpretation section under Rule 6.2 does define a partner which includes a spouse, civil partner to an unmarried partner, where the couple have been living together in a relationship similar to marriage or a civil partnership for at least 2 years. That being said GEN1.2 does provide a definition which is in essence the same as paragraph 6.2.
So provided they fall into this grouping, then they will be a spouse and eligible to make a entry clearance application, which has to be valid, again the definition of what is a valid application is found in paragraph 34 of the Immigration Rules and not Appendix FM.
The process
Once you have crossed the spouse hurdle, then there are more hoops for you to jump through. Firstly, your spouse must be suitable meaning that the Home Office will look to see if there are any reasons to exclude them, this means it is not only convictions that they look to but to actual character where the Home Office deem exclusion as ‘conducive to the public good’. For example, if your spouse had been in the UK illegally and then left, the Home Office may seek to rely on paragraph 320(11) to exclude them.
Provided suitability can be met, then Eligibility is the next hoop which incorporates a number of elements, the first being”
The Relationship requirement – Firstly you as the sponsor, must be British or settled in the UK, or have limited refugee or humanitarian protection leave. You must have been 18 or over at the date of the application and must not be within the “prohibited degree of relationship” when the marriage laws of this country apply, you cannot be married to a person whom the UK law would allow you to.
You must have met you spouse in person (although there is some flexibility when it comes to customary marriage), you have a genuine and subsisting relationship with the intention to live together permanently in the UK. Here is where evidence of the relationship is required and should be retained which can include social media, trips, telephone calls etc. Any marriage that takes place should also follow the laws of the country in which you have married Should the Home Office question the marriage then they must prove. The burden of proof rests with the Home Office to show that the marriage is not genuine and subsisting. This also extends to civil partnerships and any previous relationship must have broken down permanently.
The English Requirement: Your spouse will have to pass the English requirement at level A1 unless they hold an academic qualification at PHD level, Masters level or Degree level which was awarded in the UK or if it was awarded overseas deemed acceptable by an organisation called UK NARIC.
Your spouse will be exempt if they are over 65 or if they have disability which prevents them from taking the test or in cases of exceptional circumstances.
Sponsors Requirements
Once your spouse can meet these, then you as their sponsor will need to show that you have adequate accommodation which is not overcrowded “Accommodation” includes a flat, house or a room in a shared property which must be owned or occupied exclusively by the family, without recourse to public funds. To show this it is advisable to obtain a property inspection report.
Financial Requirement
This reqirement must be met and you have to demonstrate that you can be adequately maintained in the UK without recourse to public funds (as in relying on the state).
The financial requirement unless you are exempt mean you will need to demonstrate that your Spouse (or both of you jointly if you are in the UK with valid leave to remain) has a gross annual income of at least £29,000. There is no longer a separate child element to the minimum income requirement.
This willneed to be evidenced by payslips. If you or your sponsor have savings above £16,000 then those can be used to supplement the income requirement as well as credible and reliable sources of income and support. Income is not limited to employent, it also includes:
What if you do not work?
If you are on benefits, then provided you receive one of the following you will be exempt
If you and your partner can get through these hoops, then there is every chance that your spouse application will be successful. It is important to instruct those who understand the rules and how they apply.
We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking "Accept all cookies", you consent to the use of All the cookies.