We recently received some wonderful news that our client’s (“the Applicant”) further leave to remain as a spouse application had been granted under the Immigration Rules. The Applicant had successfully completed her first grant (30 months) of leave under the spouse category. The Applicant was a returning client who we had initially assisted within securing the spouse visa in 2017. In our initial meeting, we conducted a case assessment which helped us identify how the Applicant met the Immigration Rules for further leave to remain as a spouse. We identified a potential issue with the application as the Applicant informed us that her Sponsor was not residing with her as he was working abroad. Our Immigration team informed the Applicant that this issue would be tackled in the legal representations that would be submitted by us. Our immigration team prepared the application and the Applicant’s application was granted within 9 weeks from the date of submission.
The case for further leave to remain as a Spouse
The Applicant was a Filipino national who was initially granted entry clearance as a spouse of a British citizen. The Applicant arrived in the UK to join her husband but shortly after her arrival, her husband had to leave the UK for a period of 12 months due to an urgent work assignment. The Applicant and her husband maintained daily communication through a variety of messenger apps and visited each other as often as they could. Whilst the Applicant’s husband was abroad he was employed by a British company and his employment remained the same. The Applicant’s husband continued to get paid into his UK account which was important in meeting the financial requirement of £18,600. If the Applicant’s husband was working for an overseas company then there would have further complexities in the Applicant’s case. Our immigration team explained to the Applicant that it was possible to submit a successful application but she would need to provide strong supporting documents in evidence that she is still in a genuine and subsisting relationship with her husband. Our immigration team prepared a successful application by preparing comprehensive legal representations and by working with the Applicant in gathering the necessary documentary evidence in support of her application.
What are the requirements for further leave to remain as a Spouse?
The requirements of further leave to remain application as a spouse are similar to the requirements for the initial spouse application. The key difference in the requirements is that Applicants must show that they entered the UK and have continued their subsisting and genuine relationship. The earliest Applicants can apply is 28 days before the expiry of their current leave. Applicants must meet the requirements listed under the Immigration Rules and the relevant Appendixes (Appendix FM and Appendix FM SE). Applicants should also consider and review the Home Office Policy Guidance as this document explains how Applicants can meet the appropriate requirements and what type of documents must be submitted. However, reviewing the above alone may not be sufficient in applications which are of a complex nature and often specialist advice is required. The basic requirements for further leave to remain application as a spouse are noted below:
- Applicants must meet the immigration status requirement;
- Applicants must provide evidence that they are of good character and that they have not engaged in undesirable activities;
- Applicants must provide evidence that their relationship with their spouse is still genuine and subsisting. This is an important requirement and the Home Office expects Applicants to see particular documents in evidence of the same;
- Applicants must provide evidence of their ties and connections to the UK;
- Applicants must provide evidence of suitable accommodation in the UK pursuant to the Housing Act 1985;
- Applicants must provide evidence of meeting the financial requirement of £18,600. There are a number of different routes to meeting this requirement; and
- Lastly, Applicants must meet the English language requirement unless they are exempt.
Following a period of 5 years on the spouse visa route, Applicants can apply for settlement and subsequently a Certificate of Naturalisation (British citizenship).
How we can assist submit a successful further leave to remain as a Spouse application
Our specialist immigration team prepare all UK Visas and Immigration applications meticulously ensuring all the relevant rules are met. In this particular application, we successfully guided the Applicant through the further leave to remain as a spouse extension application process and prepared detailed legal representations which focused on how the Applicant met each of the requirements under Immigration Rules/Appendixes.
Our solicitors had to work closely with the Applicant and Sponsor to ensure they were able to collate all the mandatory documents required for the Applicant’s application. It was essential that a properly executed application was prepared as there were clear weaknesses in the application. In addition to the legal representations, our team of solicitors also provided multiple substantial reviews of her documents to ensure that Applicant submits the correct documentary evidence in the correct format, which meets the Home Office’s requirements. We also prepared and assisted the Applicant with the online visa application form and the financial requirements form.
Using Legal Representation to successful further leave to remain as a Spouse
Legal representatives, such as our specialist immigration and visa lawyers, are qualified to advise you on the law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with a spouse visa application. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules.
Caseworkers at the Home Office are trained to reject further leave to remain as Spouse applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Immigration & Visa application succeeds, our solicitors and barristers will ensure all specified documents must be provided.
The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.
Successfully apply for further leave to remain as a Spouse
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a further leave to remain as a Spouse application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a spouse visa application and are able to advise you in respect of your prospects and to ensure that you meet all the requirements of the relevant rules.
Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a further leave to remain as a Spouse application.