If you have a spouse and/or close family members who are not currently in the UK and live outside the EEA, and you and they want to be together, they can apply for a visa to enter and remain in the UK.

The process for UK family visa applications is complicated and gets changed regularly. This, and the great importance of successful applications for families, means it is often worthwhile making sure you get the right, experienced legal advice and help with applications.

Our experienced specialist lawyers advise client on :

• UK Spouse visas
• Applications for UK Family visas
• UK Unmarried partner visas
• UK Dependent child visas
• UK Adult dependent relative visas
• UK Parent visas

The key starting point for all potential family relative visas is that the person sponsoring the applicant must have settled status in the UK and be able to financially support the applicant.

For the vast majority of applicants for family visas, the ultimate goal is to obtain Indefinite Leave to Remain status for the applicant. Family visa applications, where successful, result in an initial visa period of either 30 months or 33 months, which can then usually be extended by a further 30 months. After this 5 year period an application can then be made for Indefinite Leave to Remain.

How we can help you

Common ways in which we advise and assist include:

• Advising on eligibility issues before any application.
• Assistance in preparing the application and supporting documents.
• Where a spouse or family visa application is rejected, whether there are good grounds and prospects for either making an appeal or applying for judicial review.

What are the UK legal requirements for obtaining a spouse visa?

The legal requirements are strict and the applicant must be able to evidence all of the following :-

• Both parties to the marriage must be over 18 years old.
• That the marriage is not an arranged marriage, so the parties must have met and be legally married and have a clear intention to live together permanently.
• That you have sufficient finances and accommodation in place to support yourselves (and any dependents) without applying for Government support. This generally means that the sponsoring partner will need to be earning more than £18,600.00 per year (current amount for 2024) or he or she has enough money saved to satisfy the requirements. The amounts needed will be higher if there are also dependent children applying for a visa..
• You must satisfy the English language requirements.

UK adult dependent relative visas

The key criteria which apply for a successful application for a UK Adult Dependent Relative Visa are :-

• The applicant must be over 18 and be a close relative which typically means parent, grandparent, sibling or child.
• Evidence is required demonstrating a need for long-term basic daily care needs and that the needs are unavailable or unaffordable where the applicant currently lives or there are no close family relatives who can provide the care needed in the country where the applicant currently lives
• As sponsor, you will need to satisfy the Home Office that you are able to financially support, house and care for your relative without claiming public resources and that you will be able to do so for a period of 5 years.
UK unmarried partner visas

To satisfy the legal test for obtaining an UK unmarried partner visa (which is similar to a fiancé visa but not the same in terms of legal requirements), you must meet the following criteria:

• You and your partner must both be over 18 years old.
• You must demonstrate, with evidence, an intention to live together permanently, have no other ongoing relationships and have lived together as a couple for not less than 2 years.
• As a couple you must have enough money and suitable accommodation to be able to support yourselves (and any dependants) without claiming public funds
• You must also satisfy the English language requirements

Applying for a fiancé visa

The main difference between a fiancé visa application and unmarried partner visa is that with a fiancé visa, evidence of the relationship is slightly different so that with a fiancé, neither of you can be married or in a civil partnership with someone else currently (previous marriages need proof of termination) and you must genuinely plan to get married within 6 months of arriving in the UK.

What kind of supporting evidence about relationships do the Home Office require?

The key requirement is to provide evidence of a genuine relationship, using documents. Examples include:

• Joint bank statements or bills
• Proof of shared accommodation
• Photos together throughout the relationship
• Communication records (emails, messages)
• Travel documents showing visits to each other’s countries
• Letters from friends and family who can vouch for your relationship

Contact Us

There are a number of steps that need to be taken before any visa application will be accepted. Our family visa solicitors will offer you legal guidance from a financial perspective to the accommodation requirements, English-speaking ability, and other evidence necessary to ensure a positive outcome.

For more details on any of the advice that we offer, please contact us.