Spouse/Unmarried Partner Visa or EU Settlement Scheme Family Permit

The rules surrounding settlement in the UK as a spouse or unmarried partner of a British citizen or someone with Indefinite Leave to Remain can be complex.

Following the end of the UK-EU transition period on 31 December 2020, the process for spouses or unmarried partners of EU/EEA nationals with Settled Status has also become more intricate since June 2021.

• Sponsor's Status: Your spouse or partner must be a British citizen or settled in the UK (known as the sponsoring partner).

• Relationship Criteria:
• If married, you must have met each other and be legally married.
• If unmarried, you must have been living with your partner in a relationship akin to marriage or civil partnership for at least two years prior to the application.

• Intent to Live Together: You must intend to live permanently with your sponsor and have adequate accommodation.
• Financial Requirements: Your sponsor must meet the financial requirement, which is currently £18,600 per year. This amount increases if you have dependent children.
• English Language Proficiency: You must meet the English language requirements.

If you do not meet these requirements, you may still be eligible to apply for a visa or extend your permission to stay if:

• You have a child in the UK who is a British citizen or has lived in the UK for seven years, and it would be unreasonable for them to leave the UK.
• There would be very significant difficulties for you and your partner if you lived together as a couple outside the UK that could not be overcome.
• It would breach your human rights to prevent you from coming to the UK or to make you leave.

If you are applying as a fiancé, fiancée, or proposed civil partner, you must prove that:

• Any previous marriages or civil partnerships have ended.
• You plan to marry or become civil partners within six months of arriving in the UK.

The initial visa is granted for 33 months, after which you may apply for an extension of 30 months. After completing the relevant period of stay in the UK, either five or ten years, you will be eligible to apply for Indefinite Leave to Remain (ILR).

Unfortunately, many family visas are refused, especially when the applicants have not sought legal advice at the beginning of the process. We will carefully examine your case and advise on the next steps, which could involve making a new application, appealing on human rights grounds, or applying for Judicial Review.

Being refused a Spouse/Unmarried Partner Visa can throw all your future plans into disarray. 

Our immigration lawyers care deeply about ensuring families stay together, especially if children are involved. We will fight tenaciously in your corner and not give up until we achieve results.

What is the Minimum Income Requirement?

You need to show you can support your spouse/unmarried partner when they move to the UK. Therefore, UK Visas and Immigration will need proof that you earn £18,600 or more per year. This amount increases if children are also coming to the UK to live. If you do not meet the Minimum Income Requirement through your salary, please talk to us as things such as investments, savings, and other sources of income may be considered.

What is the EU Settlement Scheme Family Permit?

If you are from outside the European Economic Area (EEA) and you are a family member of an EEA national, a Swiss national, or an eligible person of Northern Ireland, you may be able to get a Family Permit to come to the UK.

The EU Settlement Scheme is for family members of EEA or Swiss citizens who have ‘settled’ or ‘pre-settled’ status under the EU Settlement Scheme. The EEA Family Permit can be applied for by close or extended family member of an EEA or Swiss citizens.

Our immigration Solicitors will swiftly advise you as to which permit best fits your circumstances.

For a consultation regarding a Spouse Unmarried Partner Visa application or refusal

please call us on 0208 300 6666 or complete the form below.