Partner Visa – the name itself seems to imply and gives images of couples being able to be together. Unfortunately, when one delves deeper into the main requirements, it leaves a somewhat a sour taste in the mouths of some couples as well as curbing their enthusiasm and expectation to be together.
The main deterrents if I can call them that are the English and salary requirements. In addition to this, the applicant’s income is not taken into account, as well as salary variances around the UK (London salaries are higher than the rest).
This has led to litigation and appeals against the Home Office as well as talented skilled British people leaving the UK to be with their spouses.
Now compare their plight and predicament to that of a person that has overstayed and then had a family with a British or settled person they met whilst in the UK. There seems to be a trend of the Home Office granting these people discretionary ‘leave to remain’ for an initial two and a half years. It is noted that there is no such unfair requirements of English and salary for the non over stayers who abide by the law and applied through entry clearance.
It does not provide a clear statement from the Home Office. Apply properly and risk being refused because of the strict requirements or just simply overstay and if you have a family, you will most likely be granted discretionary leave to remain.
We strongly advise applicants to take legal advice on applications because of the scrutiny given by the Home Office. There is a high refusal rate for applications submitted without legal advice.
It is advisable and prudent to obtain legal advice from a specialist immigration solicitor before making any proposed application.
Please speak to our Immigration specialist Alvyn Kee on 020 7998 7777 or email him at firstname.lastname@example.org for more information.