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Family Visas, sometimes referred to as spousal visas, are available to those married to a British citizen or someone with settled or pre-settled status in the UK.
If you are looking to live and work freely in the UK with a path to permanent residency, a Family Visa could be the answer.
They offer little restriction on an individuals’ rights to choose their desired employment, whilst allowing them to build a life in the same country as their partner.
How long are the visas valid for?
An initial Family Visa is granted for up to two years and nine months, with a route to extend when this has expired.
If a visa is due to expire, you can apply for another extension that will grant up to another two years and six months in the country.
After a minimum of five years, an individual is eligible to apply for Indefinite Leave to Remain, granting a permanent right to work.
What are the rules around employment?
If you are planning to come to the UK on a spousal visa, an important consideration for many people is how easy it is to find a job and support themselves.
The good news is that individuals holding these visas are allowed to work in the UK with a few minor restrictions.
You can take up employment in any field and start your own business, with the flexibility to engage in both full-time and part-time roles.
Here is a summary of the main benefits:
One factor to consider is that access to public funds is mostly restricted for those on Family Visas.
This means Universal Credit, housing benefit, child benefit or tax credits cannot be claimed, with breaches of this condition affecting future applications.
This might be difficult for some individuals who find themselves job seeking and having to support themselves without being able to fall back on financial benefits.
What are the eligibility criteria for spousal visas?
To qualify for a spousal visa, you must first be in a UK recognised marriage or civil partnership.
Your partner must be a British citizen who holds either Indefinite Leave to Remain, settled status or proof of permanent residency.
In addition, you need an income of at least £29,000, a self-funded accommodation arranged for yourself and dependents, with enough money to pay application fees.
Applications from outside the UK can cost up to £5,169 when factoring in the visa application fee (£2,064) and Immigration Health Surcharge (£3,105).
English proficiency also needs to be demonstrated through a recognised test or by having educational qualifications taught or researched in English.
Refusals and appeals
If a Family Visa is rejected, the refusal letter will explain the reasons and which routes are open to you.
As these are human rights applications, most refusals allow individuals the right of appeal to the First-Tier Tribunal, however this can be a very lengthy process.
In the case where there is no right of appeal, individuals can pay £80 for an administrative review to check for caseworker errors or lodge a judicial review to challenge the legality of the refusal.
In many cases, reapplying with stronger evidence and legal guidance is faster than appealing, especially if the refusal was a result of a fixable gap in an application.
Speak to our immigration team
If you are planning your milestone move to the UK to join a partner, you want to make sure you get every detail right.
Securing your right to work, planning for long-term settlement and overcoming the many application stumbling blocks can be daunting, but legal help can simplify things.
To help you progress with your application, Palmers Solicitors can guide you through everything from visa eligibility and evidence preparation, down to your right to work.
Please get in contact and find out more today.
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