Applications for Family Members
Helping family members to settle in the UK is work we find particularly rewarding at Truth Legal and is where our assistance is most commonly sought. This is an area which can be a source of anxiety for both Applicant and Sponsor.
Unfortunately, the immigration requirements for family member applications are complex and the Home Office demand specific documents to satisfy the rules. A failure to provide these so called specified documents will likely lead to a refusal.
The actual procedure for submitting the application is no less complicated – the Government increasingly outsources its visa functions to private companies. There is little joined-up thinking between the various bodies involved in the processing of your visa and no comprehensive guidance for individuals. Instead, these various bodies are focused instead on maximising the money they can extract from unwitting applicants.
At Truth Legal we will treat you sensitively whilst holding your hand through the entire process until you have the visa in your hand. We can assist with the full spectrum of family-based visas including spouses, unmarried partners, children, adult dependent relatives, victims of domestic abuse and bereaved partners.
If you have a complex case which does not fit the requirements of the Rules but relies on human rights arguments outside of the Rules, then you can read more about this here.
If your application has been refused, then you might want to look at the different ways you can challenge a negative decision.
We assist individuals making so called ‘Partner’ applications under a section of the Immigration Rules known as Appendix FM. The Home Office use the word ‘Partner’ here to include spouses, civil partners, fiancés, or unmarried partners where the couple having been living together for two years in a relationship akin to marriage.
Applicants will normally need to show that they can meet the financial requirement of £18,600 per annum, or more if there are additional dependent children. The financial requirement can be satisfied through a variety of income methods including employment income, savings and property income.
In order to check that you satisfy the financial requirement, you will need to use a given formula, which varies according to income method. Different specified documents are required depending on the method of income you will rely upon.
Some of the requirements, such as the £18,600 financial requirement, can effectively be by-passed if there are ‘exceptional circumstances’ where a refusal would breach your right to a private and family life under Article 8 of the European Convention on Human Rights.
At Truth Legal we are experienced in handling these types of complex cases through to a successful conclusion.
Read our very useful spouse visa application guide.
We also help children to join their family members in the UK.
If both parents are already settled in the UK, or are applying to settle, then there are certain rules to be satisfied, such as proving the familial relationship(s) and showing there is ‘adequate maintenance and accommodation without recourse to public funds’.
One particularly complex area involves cases where a child is joining/coming to the UK with a single parent. In this case the child will either need to show that the parent has ‘sole responsibility’ for the child’s upbringing or that there are ‘serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child’s care’.
Both tests are interpreted strictly by the Home Office and refusals in these categories are unfortunately commonplace.
At Truth Legal we are skilled at building our client’s case so that they can meet the requirements of these exacting rules.
Adult Dependent Relatives
It is possible for individuals to apply if they are dependent on their UK based family member. The applicant must be over 18 and the relationship must be either parent; grandparent, brother, sister, son or daughter.
The way in which the rules for this category have been drafted means that refusals are common. We can, however, assist by maximising the prospects of success of an application or by preparing a strong appeal.
At Truth Legal we have Immigration solicitor Louis MacWilliam who heads up our Immigration Team. With over 11 years’ experience as a dedicated Immigration specialist, Louis is one of the few genuine immigration experts in the area.
To take the first step towards obtaining your visa as a family member, book a consultation with us today.