Spouse Visa UK Successful! Income, Subsisting Relation Issues involved
Hey All, After reading some threads on people being refused on the grounds of relationship not being genuine I am a bit worried. Please advice. It is a requirement of the Immigration Rules that your relationship is “genuine and subsisting”. The Home Office issues guidance to. Genuine and subsisting relationships Thanks for the responces guys, I worry about this issue as its the only thing I could slip up on.
If you are out of the UK you can still get help by email or telephone.
Impact on UK immigration status when relationships break down | Family Law Blog | Kingsley Napley
Preparing to bring your family to the UK 1. Proof of accommodation If you are already in the UK then it makes sense to include information about your accommodation. For example, you can show the rental agreement. However, if you are all currently outside the UK it is not necessary to show proof of accommodation to get a UK Tier 4 dependant visa. Your family member will need to confirm on the form that the total amount of money will remain available for the duration of their stay in the UK.
If your government scholarship is less than this you will then need to cover any shortfall and will need to show the additional funds in your bank account for 28 days prior to the date of application. All dependants must be named on any official sponsorship letter from your sponsor. Please note that dependants now have to show sufficient funds up a maximum of 9 months, based on the length of Tier 4 visa which will be granted to the main applicant student rather than course length.
Evidence of sole responsibility for child ren If you plan to bring a child or children and will not be joined by the other parent you would need to show you are either: Unfortunately we do see refusals for child dependants when insufficient evidence of sole responsibility is provided. If your partner will not be joining you in the UK and you do not have sole resposibility for the child ren then it is very likely that their applications will be refused.
What does the UKVI mean by genuine & subsisting relationship
The fact that your partner is working would not usually be deemed 'serious or compelling' grounds. Please seek further advice if required. In addition if dependant children are applying to join you in the UK, then one parent must be physically present in the UK at the time of the application. If both parents are overseas when the application is made then the children's application can be refused. Prepare the documents If the documents are not in English the original must be accompanied by a fully certified translation by a professional translator.
It must also be dated and include the original signature of the translator. You can help your family member by providing the following documents: Otherwise, you will need to show evidence of your funds in a bank account which belongs either to you or your partner. Amanda discovers that Paul has been having an affair and she wants to return to America to live with their son.
If Paul does not agree, Amanda will need to make an application for permission to the English court. The court process could take at least months. In respect of immigration, Amanda has a number of options. She can either make a discretionary application outside the rules to remain for the duration of the legal proceedings or leave the UK and return as a visitor as necessary for the hearings and to see her son.
In our experience, discretionary applications can be approved and, even if refused, Amanda will be in the UK lawfully while the application is under consideration.
She could also make an application to remain as the parent of a British child and if she did choose to stay in the UK on a long term basis this would enable her to do so.
It would therefore be important to discuss with Amanda which application would be most appropriate in her circumstances. Ideally, she would ask for her relocation application to be determined in a short timetable or, as an alternative, ask that she is given interim permission to leave in time for the expiration of her visa on the basis that she will return to England for the final hearing of her application in due course. They have been married for four years and lived in the UK during that time.
Impact on UK immigration status when relationships break down
Robert comes to see us as his relationship with Helga has broken down and she has returned to live in Germany. Robert wants to know whether he can remain lawfully in the UK.
Robert holds an EEA Residence Card, which he obtained as a result of being married to Helga who was exercising treaty rights by working in the UK prior to their separation. We advise Robert that, if Helga has permanently left the UK and is therefore no longer exercising her treaty rights here, Robert regrettably no longer has a right of residence in the UK. In theory, it is possible for the family member of an EEA national to retain a right of residence on divorce if the marriage has subsisted for three years and at least one year has been spent living in the UK.
Unfortunately, however, this is only possible if the EEA national is still in the UK at the time divorce proceedings are initiated. As Helga has already left the UK and no proceedings have yet been brought, Robert is unable to rely on these provisions.
If Robert wants to remain in the UK, he will need to find an alternative basis to do so. Dorothy regularly travels back to Australia where her elderly mother lives.