In order to be eligible for the offers, you must instruct us using the same email address used during the sign-up for the newsletters.
The email address must remain the same and used to liaise until the matter closure.
You will be eligible for a 10% discount on your total conveyancing costs, once you sign our client care letter.
You will be eligible for a Free Will only when your conveyancing matter file is closed and the bills for the same are cleared.
Though Aristone carry out regular checks to confirm your eligibility, this may not always be practicable or possible and consequently we urge all clients to claim their free Will and 10% discount off Conveyancing fees by emailing the appropriate case handler with a print screen of the news letter subscription.
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Covid-19 business update
Business Updates:*
We’d like to take this opportunity to reassure you and our loyal clients that Aristone are operating as usual following Government guidelines.
We have made changes to ensure that we can continue to provide you with the high quality services you expect from us. Our staff have been briefed and we have put the appropriate measures in place to assist with mitigating any risks. Our contingency plans are robust and have been proved to be effective over the last few weeks, and we continue to deliver our services to you.
A
spouse visa, same sex spouse visa or civil partner visa is a formal permit that
enables married or civil partners to enter and reside in the United Kingdom on
the basis of their relationship with a person in the UK with settled status.
The term ‘settled’ applies to an individual who is free to reside in the UK
indefinitely, with no immigration restrictions or limitations on their right to
exit and re-enter the UK.
New Rights for Same Sex Couples
The
introduction of new legislation in 2014 extended the rights and recognitions
associated with traditional marriage to civil partnerships and marriages
between same sex individuals. Those who choose to marry or enter into a civil
partnership as a same sex couple are therefore recognised in the same way as
those who enter into traditional marriage.
The
current rules stipulate that civil partnerships can only be entered into as a
same sex couple. The Civil Partnership Act of 2004 overhauled the previous
rules governing the formalising of same sex partnerships in the UK, resulting
in the legal recognition of same sex unions with similar rights to those of
marriage. Individuals married to or
planning to marry or enter into a civil partnership with a same sex individual
with settled status in the UK can apply for a visa accordingly.
Applicants
granted a spouse visa, same sex spouse visa or civil partner visa are permitted
to enter and legally reside in the United Kingdom for 33 months for their first
application. After which, an additional application may be submitted to extend
the duration of their stay for a further 30 months. This amounts to a total of
63 months – just over five years – during which time the individual is entitled
to apply for indefinite leave to remain – aka settled status.
In
most cases, residing legally and continuously in the United Kingdom for a
minimum of five years qualifies the respective individual for indefinite leave
to remain.
Please
note however that immigration legislation and the legal system in general in
the United Kingdom do not recognise polygamous marriages. Where a settled
individual in the United Kingdom has more than one same sex partner overseas,
only one partner can be brought into the UK on a spouse visa, same sex spouse
visa or civil partner visa.
For
more information or to discuss the specifics of your case in more detail,
contact a member of the team at Aristone Solicitors today.
Entry
Clearance as a Proposed Civil Partner
As
with a standard fiancé visa, it’s also possible to legally enter and reside
temporarily in the United Kingdom on the basis of an intended marriage or civil
partnership with a settled UK resident. The new immigration rules on proposed
civil partnerships were introduced in July 2012.
At
the point of entry, the foreign national must ensure their civil partnership is
formally registered. If the application is successful, a further application
must be submitted to qualify for long-term residency or settled status as the
civil partner of the settled individual.
Requirements
for Entry Clearance for Spouse Visa or Civil Partnership Applications
All
applications for spouse visa, same sex spouse visa or civil partner visa are
granted upon meeting several key requirements, which include:
The
applicant poses no threat to the public
They
have no criminal convictions within the past 12 months
They
are not subject to any current deportation order
Upon
request, the applicant has provided the required information and documentation
to a satisfactory extent, attended formal interviews, undergone medical
examinations where necessary and generally comply with applicable immigration
screen processes.
The
applicant is able to provide evidence of suitable accommodation
Evidence
that the applicant and/or their partner in the UK can support them financially
for the duration of their stay
Requirements
for the Settled Partner in the UK
There
are also various criteria that must be fulfilled by the settled individual in
the UK, in order for the foreign national’s visa to be granted. Examples of
which include:
The settled partner must
be at least 18 years of age
They must have formal
settled status or citizenship
Evidence may be required
to verify the provision of suitable accommodation for the applicant and the
funds required to finance their stay
Proof
of age is typically acceptable in the form of a valid passport. For more
information on the criteria that must be filled to obtain a spouse visa, same
sex spouse visa or civil partner visa, contact the individual immigration team
at Aristone Solicitors today.
Evidence of a Genuine Relationship
Some
couples take offence at the UK government’s immigration screening process,
which scrutinises the authenticity of couples’ relationships. Unfortunately, the prevalence of forced
marriages and sham marriages deem such scrutiny necessary.
As
a result, UK immigration law clearly states that in order to qualify for a
spouse visa, same sex spouse visa or civil partner visa, the couple must be
able to provide evidence that they have met each other in person prior to the
application. Acceptable forms of evidence include photographs, formal
documentation like overseas marriage certificates of bookings/travel tickets
that feature the names of both parties.
It’s
also important to be ready to answer additional questions at the behest of the
Entry Clearance Officer. Along with the provision of physical evidence of the
relationship, you and your partner may be asked individually about how you met,
the places you have visited together and other details from your past.
Increasingly,
applications are being submitted on the basis of ‘virtual’ evidence, due to the
way in which more couples than ever before are meeting online. Unfortunately, virtual relationships and
online meet-ups are not recognised or considered by the Home Office. Hence, an
application for a spouse visa, same sex spouse visa or civil partner visa will
not be considered if there hasn’t been a physical meeting between the two
parties – irrespective of the extent of their online or remote relationship.
Evidence of Intention to Permanently Cohabit
Both
the settled individual in the UK and their overseas partner must provide
evidence that they intend to permanently live together upon when the required
visa is obtained. In most instances, the couple’s genuine desire (or otherwise)
to cohabit is assessed in accordance with the apparent overall genuineness of
the relationship.
The
couple may be required to provide (individually or conjointly) a formal letter
declaring their intention to cohabit on a permanent basis. Evidence of suitable
and available accommodation may also be required. Entry Clearance Officers
typically ask a variety of questions to test the knowledge of the applicant
regarding the property and location in which they intend to reside in the UK.
Provision of Formal Marriage or Civil Partnership Documentation
If
applying for a visa on the basis of an existing same sex marriage or civil
partnership, formal documentation will be required. The vast majority of
marriage certificates issued overseas are either recognised or fairly
considered by the UK, though polygamous partnerships and marriage are not
recognised by the Home Office.
A
formal marriage certificate is typically sufficient as evidence of a formal
partnership to support a visa application. However, there are instances where
marriage certificates issued by certain authorities and territories worldwide
may not be deemed acceptable by the Home Office.
To
learn more about the documentation required to support your visa application,
contact the individual immigration team at Aristone Solicitors today.
Financial Requirements
The
applicant is required to provide evidence of sufficient financial resources to
support themselves for the duration of their stay, without needing to claim
benefits. Specific stipulations outlined in current immigration legislation
include the following:
The sponsor (i.e. the
settled individual in the UK) must be earning a minimum of £18,600 per year and
be able to provide evidence of six consecutive months’ income accordingly.
Ideally, the sponsor will
also have been with the same employer for at least six consecutive months at
the time of the application.
The minimum annual salary
requirement increases a further £3,800 for the first Non-EEA child entering the
country with their partner and a further £2,400 for each additional child.
Sponsors able to provide
evidence of personal savings amounting to at least £62,500 may be exempt from
the requirement to provide proof of income.
In most cases, financial
requirements can be met by combining both savings and earnings respectively.
Recognised
Sources of Funds
Restrictions
are imposed on the sources of funds the British Government considers acceptable
for fulfilling the requirements outlined above. The most common forms of
acceptable funds according to current legislation include the following:
Regular
and provable income from an employer
Private
or state pension payments
General
benefits/social welfare
Provable
savings amassed legally
Most
legal and traceable sources of income
Both
parties will need to provide formal evidence of their income and all savings –
typically presented in the form of the following documents:
Recent bank statements
Formal letters from employers
Employment contracts
Tax returns
Accountancy documents
Pay slips
P60s
Exemptions
from Financial Requirements
There
are instances where it may not be necessary to meet the current minimum salary threshold
of £18,600 per year. Different rules apply if the partner of the applicant
living in the UK receives any of the following:
(i)
Disability living allowance
(ii)
Severe disablement allowance
(iii)
Industrial injury disablement benefit
(iv)
Attendance allowance
(v)
Carer’s allowance
Suitable and Available Accommodation
The
individual applying for the visa must be able to provide evidence of suitable
and available accommodation upon arrival. As detailed previously, this goes
hand-in-hand with the requirement for evidence of the intention to permanently
cohabit.
Applications
may be scrutinised by way of the size, nature, availability and affordability
of the property the couple intends to occupy. Formal documents such as tenancy
agreements, mortgage statements and title deeds can be presented to support an
application.
In
some instances, it can be helpful to obtain a letter from a local council
office, confirming the suitability of the property for its intended purpose.
English
Language Requirement
Applicants
seeking entry to the United Kingdom from non-English speaking country are
required to pass an English language test formally recognised by the Home
Office. If the applicant has obtained a degree-level qualification or higher
from a UK institution taught in English, this typically negates the need to pass
a formal English test.
Luton’s Leading Individual Immigration Specialists
Aristone
Solicitors is proud to offer the region’s most capable and committed legal
support for individual immigration applicants. Whatever your current situation
and objectives, we’ll ensure your case is handled professionally, efficiently
and at an affordable price.
Whether ready to go
ahead or simply considering an immigration application, we’d be delighted to
hear from you. Contact a member of the team at Aristone Solicitors today to
book your obligation-free initial consultation.
The Tier 1 Entrepreneur visa is designed for individuals planning to start a UK business from scratch, take over an existing business or invest in a business they are already involved with in some way. The most important requirement to qualify for a Tier 1 Entrepreneur visa is access to a minimum of £200,000 (£50,000 […]
In the event that your individual immigration application is rejected, you may have the legal right to lodge a formal appeal. Here at Aristone Solicitors, we can provide the expert support and consultancy you need to understand your position and choose the most appropriate course of action. Should you choose to appeal against your application’s […]
Contrary to popular belief, it isn’t necessary to marry (or intend to marry) an individual with settled UK status to qualify for a visa. Legislation introduced in 1997 made allowances for non-EEA nationals to legally enter and reside in the United Kingdom on the basis of their relationship with a settled individual as an unmarried […]
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We are still open for business
Covid-19 business update: We are still open for business
We’d like to take this opportunity to reassure you and our loyal clients that Aristone are operating as usual following Government guidelines.
We have made changes to ensure that we can continue to provide you with the high quality services you expect from us. Our staff have been briefed and we have put the appropriate measures in place to assist with mitigating any risks. Our contingency plans are robust and have been proved to be effective over the last few weeks, and we continue to deliver our services to you.
Brexit
Call us to discuss on below trending topics:
Ankara Agreement Set to End with Brexit on December 31 – read more
Application process and deadline dates for EU Settlement Scheme
Travelling to the EU – What you need to do to travel to Europe from 2021
Continue living and working in the EU – What you need to do to stay in the UK
Other
Call us to discuss about:
Writing a Will: Considerations in Times of Crisis – read more
UK Innovator Visa Overview and Eligibility – read more
What to do when someone has died?
Guidance for visa applicants in the UK and abroad
Got a question?
We are glad that you preferred to contact us. Please fill our short form and one of our friendly team members will contact you back.
Covid-19 business update: We are still open for business
We’d like to take this opportunity to reassure you and our loyal clients that Aristone are operating as usual following Government guidelines.
We have made changes to ensure that we can continue to provide you with the high quality services you expect from us. Our staff have been briefed and we have put the appropriate measures in place to assist with mitigating any risks. Our contingency plans are robust and have been proved to be effective over the last few weeks, and we continue to deliver our services to you.
Learn more about our exclusive services we offer to businesses impacted by Covid-19:
In order to be eligible for the offers, you must instruct us using
the same email address used during the sign- up for the newsletters.
The email address must remain the same and used to liaise until the matter closure.
You will be eligible for a 10% discount on your total conveyancing costs, once you sign our client care letter.
You will be eligible for a Free Will only when your conveyancing matter file is closed and the bills for the same are cleared.
Though Aristone carry out regular checks to confirm your eligibility, this may not always be practicable or possible and consequently we urge all clients to claim their free Will and 10% discount off Conveyancing fees by emailing the appropriate case handler with a print screen of the news letter subscription.
Subscribe to our newsletter for a FREE WILL, and get 10% off Residential conveyancing fees*,