Spouse Visa Granted in 2 Months after 5 Years Illegally in the UK

Spouse Visa

One of our recent successful applications was an Entry Clearance Spouse Visa submitted by our client in Ukraine. Our client has been an illegal entrant for over five years and had previously been refused a visitor visa to the UK. Despite these breaches and significant defects of the client’s previous immigration record, his spouse visa application was successful.

Our client first met his spouse in 2015 and their relationship developed in the UK. The couple started living together in March last year and our company was instructed to assist the client with his voluntary departure from the UK so the couple could legally register their marriage in Ukraine.

His partner holds permanent resident’s status in the UK, which sufficient for the right to apply for the spouse visa from outside the UK.

According to the UK Immigration Rules, the partner does not need to be a British citizen to be eligible for sponsoring a spouse visa application. 

Following their marriage, spouse visa application appointment was booked at the Kyiv Visa Application Centre in February 2018. The application included details of all facts the client’s previous illegal stay in the UK and his voluntary departure. The Entry Clearance Officer requested several documents afterwards to confirm the Sponsor’s employment which were subsequently provided.

The application was decided in the middle of April, which is less than in two months after the appointment and submission of the spouse visa application.

Spouse Visa Application Process

Spouse Visa applications normally considered within 12 weeks. Having said that our client had paid for premium service, at a fee of approximately £573, where they have a 30-day timescale in which to make a decision on the application.

The procedure for the application is simple, application form needs to be filled out and appointment in the relevant country should be booked. Once you have attended the appointment, the relevant documents are sent to Sheffield processing centre or scanned at the Visa Centre. The decision will be made either within 12 weeks or 30 days depending on whether standard or premium service was paid.

Financial Requirement

If no children are involved, the threshold of the sponsor’s annual income of £18,600 must be met. In this particular case, our client’s spouse was working for the same employer for more than 6 months so we had submitted payslips, bank statements for the same period and letter from employer.

Alternative Options:

  • Alternatively, if a sponsor is able to show total amount of savings £62,500 that were held for the past 6 months confirmed by the bank statements or other evidence of source of funds, that would also be sufficient to satisfy the financial requirement.
  • If, however, your employment does not meet the £18,600 annual salary, it is possible to show a combination of savings and employment.
  • In case of self-employed, you would need to provide documents for the financial year as self-assessment tax returns, invoices, bank statements and so on as evidence of your self-employment activities.
  • Please note that other documents need to be provided, particularly evidence of your relationship and marriage with your spouse.

Spouse Visa Timing

This case demonstrates that it is possible to return to the UK as a spouse of a British citizen or a settled person even after having stayed in the UK illegally. In this particular case, it took only 2 months to secure our client’s right to enter the UK from outside. Therefore, it is always worth considering taking your application from outside the UK rather than fighting from within the UK where you may become liable to be detained.

The casework in this complex and sensitive spouse visa matter was successfully led by the immigration lawyer Aliya Rimshelis.

Immigration Assistance

For expert advice and assistance in relation to your particular immigration case, please contact our immigration lawyers on Tel. +44(0)20 7822 8535, Mobile / Viber: +447463382838, by e-mail: contact@sterling-law.co.uk or via our online appointment booking form.