Mrs C was the spouse of a Tier 1 (Entrepreneur) migrant, Mr C. Mr C had spent ten years working and studying in the UK. He was, therefore, eligible to apply for settlement based on his ten years lawful continuous residence in the UK.
Mrs C had come to the UK some years after her partner and had therefore not reached the required ten years’ residence to apply for Indefinite Leave To Remain (ILR). Whilst Mr C was being advised by us in relation to his application for settlement via the long residence route, Mrs C had 12 months remaining on her Dependent Visa. There is a common misconception that the remaining leave of the dependant continues to be valid when the main applicant, in this case, Mr C, obtains settlement based on long residence. Unfortunately, this is not the case. As Mr C was not acquiring ILR as a Points-Based-System (PBS) migrant, Mrs C could no longer remain in the UK as a dependent. Failing to address her immigration status meant she was at risk of the Home Office curtailing her leave.
We advised Mrs C that to remain in the UK lawfully, she would need to switch immigration categories. We advised that she could apply (at the same time), as the spouse of a settled person under Appendix FM. The idea being that her and her husband’s applications would be linked in so far as the Home Office would be aware that Mrs C’s application was reliant on the outcome of Mr C’s.
We advised both Mr and Mrs C on the financial requirements under the Spouse Visa route. The eligibility criteria relating to UK Spouse Visa applications is very stringent. It includes providing evidence that the sponsoring spouse, in this case, Mr C, meets the financial requirements in terms of income and accommodation.
Mrs C had been employed by various companies over the previous 12 months; each role was paid at varying levels of salaried and non-salaried employment. Mr C was the director of a company and received dividend payments but was unsure of the amount of income derived from these dividends and was concerned with the lengthy evidential requirements.
It became apparent that neither Mrs C or Mr C’s applications would be straightforward because both required complex documentary evidence. Neither party was familiar with the application process and were understandably anxious that if anything went wrong, their futures in the UK could be in jeopardy. Here at A Y & J Solicitors, we provided a complete hand-holding experience to ensure Mr and Mrs C’s application progressed smoothly.
Our experienced lawyers focused meticulously on both applications to develop lines of proof by providing a clear and comprehensive checklist of all the evidence required.
Our experienced lawyers focused meticulously on both applications to develop lines of proof by providing a clear and comprehensive checklist of all the evidence required. We also maintained a constant line of communication with Mr and Mrs C throughout the preparations. The couple felt informed and confident that the process was progressing as it should.
Issues arose in relation to providing the specified evidence relating to the couple’s ability to satisfy the financial requirements of a Spouse Visa. Initially, the plan was to rely on both spouse’s income. However, Mrs C’s previous employers proved uncooperative in providing the required evidence. This led to Mrs C experiencing stress and worry. We swiftly examined Mr C’s income to see if that could be relied upon to show a minimum income of £18600. We worked with Mr C and his accountant to assess the dividends received and document the evidence. We were then able to assure Mrs C that she did not need to rely on her own income for the application.
We further assisted Mrs C in requesting the correct UK NARIC confirmation, as she had completed her degree overseas. This ensured the English language requirement element of the Spouse Visa application was met.
We submitted representations to the Home Office and assisted Mrs C in a super-priority application. Even with the complexities involved, her application was approved within one working day. A Y & J Solicitors were delighted to have positively assisted and to have provided the necessary reassurance our clients during what proved a stressful process.
