Leading Divorce, Family, Property and Immigration Solicitors
0203 935 6479
Warlies Park House Horseshoe Hill Upshire, Essex EN9 3SL
Immigration Law in Waltham Abbey
If you are married to a British Citizen or your spouse is a settled person in the UK you have the right to join your partner in the UK. If however, you are outside the UK and are seeking to join your spouse in the UK, you must meet the Home Office requirements, and these are:
- The parties have a valid and recognised marriage certificate.
- The Spouse is a person present and settled in the UK.
- Both you and your spouse have met.
- You and your spouse intend to live together permanently.
- You and your spouse have adequate accommodation and will not be a burden on the State.
- You and your spouse can financially maintain yourselves and will not be a burden on the State.
- The foreign spouse (applicant) satisfies the English Language requirements.
To avoid your application being rejected and then waiting months for the tribunal decision, it is vital to take additional effort and undertake in depth analysis when preparing the application.
In relation to financially maintaining yourself, the Home Office will need proof that the income requirement of £18,600 has been satisfied. There are a number of exceptions to this rule such as your settled spouse is in receipt of disability allowance and carer’s allowance.
In the event you are not able to satisfy all the rules under the Home Office, we may be able to apply through the exceptionality route. What this means is that we can apply to the Home Office under the grounds of compassionate and/or exceptional circumstances. Under Article 8 of the Human Rights ground, we can assist you in collating relevant facts of your relationship history and prepare your application under right to have, “Family Life” or right to “Private Life.”
EEA Nationals – it can get confusing and you need to be careful and ensure you make your application under the normal immigration rules to avoid your application being rejected.
If your application has been rejected and you wish to challenge the Home Office decision, there are opportunities to reverse the decision.
We are here and more than happy to assist you on any of the applications above.