(PRWEB UK) 8 October 2013
Spouses and unmarried partners of UK citizens and persons with indefinite leave to remain in the UK have the right to join their family in the UK on condition they have been granted UK spouse visa.
The rules related to spouse visa requirements changed dramatically in July 2012. The changes affected both partners applying for entry clearance from abroad and migrants who had been in the UK in some other capacity and wished to change their status to that of a partner of a British citizen or a settled person.
The new rules introduced serious restrictions in relations to the earnings requirements, making it impossible to rely on the earnings of the non-UK based spouse and raising the earnings threshold to £18,600 per year.
Migrant based in the UK on long-term work permitting visas have the right to change their status in the UK if they become married to a British citizen or if their partner becomes settled. Applicants from within the UK have certain advantages over those applying for entry clearance from abroad. On the one hand, they have the right to rely on UK-based earnings of the applicant, not only on the earnings of the British partner. On the other hand, they have the right to remain in the UK during the application process and if the application is rejected, throughout the process of appealing the refusal which may take well over six months.
The UKBA statistics have demonstrated shockingly low success rate of the applications made in the UK. Only 313 in-country spouse visa applications made in the first 12 months after the rules changed in July 2012 have met approval of the UKBA.
The enclosed document shows data provided by the UKBA in response to the request for information made by Kadmos Consultants under the Freedom of Information Act.
Kadmos Consultants have posted their views on the information provided in their immigration blog.
In light of the government’s intention to remove the right of appeal from unsuccessful applicants for leave to remain, it is strongly advisable to seek immigration advice before applying.
Immigration lawyers at Kadmos Consultants specialise in all matters related to immigration to the UK. The company successfully handles complex human rights appeals, including spouse visa appeals, appeals against removal, applications for indefinite leave to remain and British nationality. The firm deals with both commercial and family immigration and provides comprehensive and cost effective services for migrants and sponsors of migrant workers.