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9th March 2014
Barnes Harrild & Dyer, are specialist immigration solicitors based in Croydon. We write this Article ... Read more ›
7th January 2013
Many will recall various accounts of Commonwealth citizen recruits in the British army being denied ... Read more ›
We are a firm of leading London immigration solicitors with a wealth of experience in advising and preparing applications for an individual (the applicant) to enter the UK as a family member of a person present and settled in the UK (the sponsor) and subsequently settling in the UK.
It is a legal requirement that entry clearance must be granted prior to a spouse visa, marriage visa, partner visa or other family member (including children) visa being provided to an individual in order that they may enter the UK to join a person present and settled in the UK. There are exceptions to this rule in the case of EEA nationals and their family members and this is dealt with in our specialised EU law section.
All entry clearance applications must be made from outside the UK at a UK designated post in the country where the applicant is living.
Visas may be granted for spouses, civil partners, fiancés and unmarried and same sex partners of those present and settled in the UK. There are a number of requirements contained in the UK immigration rules which must be satisfied prior to entry clearance and a visa being granted. For example, the relationship between the applicant and the sponsor in the UK must be genuine and subsisting, they must have met and the applicant must be financially maintained and accommodated without recourse to public funds. The applicant will not be barred from entering the UK because the sponsor is in receipt of public funds; the requirement is simply that the applicant must not be relying on public funds. Furthermore, the applicant must have adequate knowledge of the English language.
Where the application is successful the applicant will be granted an initial two years leave to remain in the UK after which time he or she will be eligible to apply for Indefinite leave to remain (ILR) in the UK. The applicant is still required to satisfy the rules for ILR. Details of this are contained on in our ILR section.
In addition, children and other dependent family members, including grandparents, may apply for leave to enter the UK to join the family member or for leave to remain with the family member. The maintenance and accommodation requirements apply and the relationship must be proved.
There may be circumstances when spouses, partners and other family members including children and grandparents are already in the UK. Applications for these may be made inside the UK by invoking Article 8 of the European Convention of Human Rights. Our dedicated team of Human Rights lawyers will be happy to advise those wishing to obtain information regarding their rights in the UK.