Mr S is a Non-EEA national who married his British spouse over 20 years ago. He is the father of two British children and has lived in a Non-EEA country for the last 19 years. He has been visiting the UK with his wife and two children for a limited period but was forced to return to his country of nationality due to his visa conditions.
Having resided apart from his wife’s country of residence for considerable numbers of years, Mr S and his wife decided to move to the UK to reside here for an indefinite period. Mr S and his wife were aware that he had to apply for a spouse entry clearance application, and they began researching what sort of documents was required to succeed in such an application.
The couple spent a considerable amount of time trying to comprehend the requirements and documentation he needed, but the complexity of the Immigration Rules caused them great distress and uncertainty. During this time, the couple realised their financial situation may not allow them to succeed in the application. The wife was not employed or self-employed in the UK and if she started employment, they would still have to be separated for a period of at least 6 months (the minimum length of time to be in employment before sponsoring your wife or husband) before she could have him join her in the UK.
Mr S contacted A Y & J Solicitors for assistance in securing his first length of leave to enter as a spouse of a British citizen without the hurdle of having the application refused and being apart from his family for the next 12 months.
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During the telephone consultation, our experts at A Y & J Solicitors identified that the couple had savings which they were not aware that they could use for the spouse entry clearance application.
With respect to their savings, we had to ensure that all the specified evidence was provided to meet Home Office requirements. In order to achieve a positive outcome, we maintained contact with Mr S’s overseas lawyer in relation to the sale of the property and also ensured that there was proof the £62,500 savings required for the application had been in the couple’s control for at least 6 months prior to the date of the application. Appendix FM SE does not provide a clear guidance or instructions on the documents required for savings from the sale of property or overseas employment income and bonuses, and here is where the complexity arose. The knowledge and expertise of our team assisted the couple in gathering the correct evidence to fulfil Category D of Appendix FM.
A Y & J Solicitors worked with Mr S to prepare his spouse entry clearance application, relying on documentation of the savings which were coming from various sources and held in various bank accounts. We also assisted Mr S in gathering the evidence to prove his subsisting marriage. The online application was submitted, we drafted supporting statements, provided legal representations, arranged his documents, and set an appointment with UKVI, assuring Mr S that the Entry Clearance Officer would deal with his application on a Priority basis. A Y & J Solicitors also maintained contact with the Entry Clearance Officer to assure that Mr S’s file of documents was received and a decision was made within a short period.
Soon after, Mr S received his spouse visa, and he entered the UK as a spouse of a British citizen without further delay.