Brexit and spouse visas
Most of us wonder whether Brexit will impact on every part of our day to day lives, from the cost of buying a pint of milk, to the availability of prescription drugs. With Brexit pushed back to January 2020, there is additional time for families to think through the potential consequences of Brexit and the impact on them and their families and for Immigration solicitors to look at the topic of Brexit and Spouse Visas.
spouse visa solicitors
London based OTS Solicitors are experts in Immigration law and specialise in Spouse Visas. Our Immigration solicitors can advise you on the best way to apply for a spouse visa or advise on applying to extend your spouse visa or look at your settlement options. If you are concerned about the impact of Brexit on your family, either now or in the future, we can provide expert advice and find Immigration solutions that best meet your family needs.
For fast professional advice from friendly UK spouse visa solicitors call OTS Solicitors on 0203 959 9123 or compete our online enquiry form.
Spouse Visas – now
Under current Immigration Rules you need a spouse visa if:
You are married to a British citizen or a spouse who has the right to permanently live in the UK; and
You are a non EEA-national and you therefore do not have the automatic right to enter and live in the UK because you are subject to Immigration control and you do not have an alternate visa, such as a Tier 2 work visa or a Start-up visa.
There are then the stringent requirements that you need to meet to secure a spouse visa and reunite your family.
UK spouse visa applications
If you want to apply to UK Visas and Immigration for a spouse visa the current Immigration Rules say that your spouse or civil partner must be a British citizen or settled in the UK or have Indefinite Leave to Remain in the UK and you must:
Both be over the age of eighteen; and
Legally married or in a civil partnership (if you are not married but you are engaged or in a relationship a family visa may be the best Immigration option for you); and
Be in a genuine relationship and have met your spouse or civil partner – the relationship cannot be an internet based proxy marriage; and
Intend to live permanently with your spouse or civil partner; and
Have accommodation for yourself and your dependents; and
Understand and speak English; and
Be able to maintain yourself without access or recourse to public funds and meet the spouse visa financial requirement.
If you are contemplating a spouse visa application it is best to take legal advice from a spouse visa solicitor before applying for your spouse visa because the visa requirements can be fairly demanding and exacting.
Spouse Visas – after Brexit
Looking forward to a post Brexit world, what is the future of the spouse visa? Some may speculate that Spouse Visas will become increasingly common because:
The world is shrinking with international travel and with our ability to meet future spouses over the internet or during foreign holidays; and
With Brexit comes the end of free movement but all those holiday romances that take place in Spain, Italy, Greece or indeed any other EU country, will continue. An EU national spouse will need a spouse visa.
It is said that after Brexit and the end of free movement for EU citizens, there will be no difference in Immigration treatment between an EU citizen and a non-EEA national. That makes sense to some because if the UK is no longer in the EU then why should different Immigration rules apply to EU and non-EEA nationals. However, there are massive implications for romance and EU spouses.
In the long term, after Brexit, whether you are from the EU or EEA, you will be subject to the same degree of Immigration control, and therefore your spouse’s nationality will cease to be of relevance as to whether they need a spouse visa or not.
The increase in numbers of couples needing Spouse Visas concerns some spouse visa solicitors because the spouse visa application process is not an easy application process. What’s more statistically Spouse Visas that are not prepared by professional spouse visa solicitors have a high rate of refusal because of Home Office officials concern to route out sham or forced marriages when assessing spouse visa applications. On a practical note, with the end of free movement, how will the current number of UK Visas and Immigration officials cope with the demand for Spouse Visas and other types of visa, such as the family visa or visit visa.
If you are in the UK on a spouse visa you will probably acknowledge that securing the spouse visa felt a bit of an intrusive process because of the evidence that you needed to supply about your personal life and financial circumstances to UK Visas and Immigration. Any extension of the requirement for a spouse visa to EU citizens, because of the end of free movement, is only likely to increase the calls to review the spouse visa criteria and in particular the financial requirement that some say restricts the love and relationship choices of those on an income of less than £18,600 per year.
If you are in a long term relationship with an EU national there is no need to panic. After all, the one thing that everyone, including London immigration solicitors, will say is that nothing about Brexit is certain. Who knows what future twists and turns may occur before Brexit is delivered and what its eventual form will take.
If you are an EU citizen who is in the UK but who has not done anything about Settled Status under the EU Settlement Scheme it is best to look at your eligibility to apply for pre-settled status or Settled Status. If you obtain pre-settled or Settled Status under the EU Settlement Scheme you then would not need, after the end of free movement, to apply for a spouse visa to return to the UK as a spouse of a British citizen or need to explore your post Brexit alternative Immigration and visa options.
Most people say that they are not sure of their future plans when it comes to their personal or working life. That is understandable at a time of change and uncertainty but Settled Status under the EU Settlement Scheme may be the straight forward way of avoiding future Immigration and visa issues for those who contemplate UK life post Brexit as a married person.
spouse visa solicitors
London based OTS Solicitors are experts in Immigration law and specialise in Spouse Visas. Our Immigration solicitors can advise you on how to go about applying for a spouse visa or extending a spouse visa and will talk to you about your best Immigration and settlement options. If you are an EU citizen we can look at the pros and cons of an application for Settled Status under the EU Settlement Scheme and help you apply for Settled Status with our same day application service.