You have decided to bring your partner to join you in the UK. This is a significant step for you as a couple and you have probably already had some major conversations, tackling important questions already. The Home Office will also want to know the answers to these questions - who is coming to the UK? Why? And want to be satisfied you have the necessary means and accommodation to do this.
The UK Immigration process can be long, uncompromising and complex. Combined with the effects of a global pandemic, it makes sense to feel overwhelmed. At Broudie Jackson Canter, we believe you should know where you stand every step of the way.
Our Liverpool based Immigration lawyers want to make the process accessible and will support you through your case, tailoring our advice to your personal circumstances. Call our team on 0151 282 1700 to begin building a better future and to know where you and your family stand today.
What are the steps from entry into the UK to settlement?
The first step involves asking the Home Office to allow your partner to initially enter the UK in the form of a paid application. Unless they are a fiancé(e) or proposed civil partner (in which case they’ll get six months and then move on to the usual route once married), you’ll be asking for them to come to the UK for 2 ½ years.
If successful, they’ll be given a vignette on their passport that allows them to enter the UK. Once here, they’ll be able to collect a Biometric Resident Permit (BRP) which contains the 30 months applied for.
- It should be noted that if your partner is already in the UK on another type of visa (otherwise than as a visitor and for more than 6 months), say as a student or a worker, they can make this application inside the UK but the process and requirements are more-or-less identical. It is a good idea to check, before someone switches in-country to this route, whether the route they are on already is a quicker path to settlement. It might not always be the best option.
No more than 28 days before their leave expires, your partner will need to apply to extend their leave for a further 30 months. The process domestically is generally quicker, simpler and cheaper than applying for entry clearance from overseas. Your partner will then be given a further 2 ½ years leave to remain.
Throughout the preceding 5 years, your partner’s leave to remain depends on your ongoing relationship and making extension applications. From this point on, they can apply for ‘indefinite leave to remain’ in the UK. This means they become free from immigration control and no further applications need to be made. They are not British but they can live in the UK permanently. There are some additional requirements at this stage, particularly with regards to English language and their knowledge of life in the UK.
Once your partner obtains their indefinite leave to remain, they don’t need to take further steps. They may wish to become British and, in most circumstances, this will be a sensible decision. Whilst most migrants need to wait a year to become British there is an exemption for those who are married to British nationals where this is waived. All other partners can apply a year after becoming settled.
How will COVID-19 affect my application and why do I need a solicitor?
Whether you are applying from inside the UK or outside the UK, unfortunately due to COVID-19 we are at the mercy of local lockdowns. Application centres are slowly coming back into service, however there is a huge backlog of applications that the Home Office will prioritise.
Bringing a partner to join you in the UK can be intimidating and confusing. It is important right now to remain patient and to take the necessary steps to gather evidence for your application.
Our Immigration experts have significant experience in dealing with family immigration and spouse visas. No matter where you are in the process of your application, you will feel more knowledgeable and confident if you book a ‘Where Do I Stand?’ consultation.
Regardless of if you want us to prepare your application for you or simply perform a document check on your evidence, our trusted experts will support you every step of the way.
Call us now on 0151 282 1700.