Spouse Visa UK

Legal Grounds for Spouse visa

Under Immigration rules For Employed Sponsor

To Whom It May Concerned

Dear Sirs

Date: ………..

Re: Applicant Name ……………… , Date OF Birth ………….., Nationality ………..

Spouse Visa in the category of Employed Sponsor’s income requirements.

This application is being submitted under the Immigration Rules Appendix FM (Family Member). The applicant is enclosing the following documents to meet the immigration rules Appendix FM:

1. Marriage Certificate,
2. Passport Copy for the Applicant,
3. Passport Copy for the Sponsor,
4. Pay slips for the last 6 x months with the same Employer proving gross income of £18,600,
5. Bank statements of the last 6 months, showing the wages of the six months,
6. Letter from sponsor’s employer confirming their employment terms and starting date, and the gross salary,
7. Tenancy Agreement or Title Deed to prove right of residence at the place,
8. Accommodation report confirming that the property will not be overcrowded,
9. Letter of consent from the occupier,
10. English Language Certificate CEFR A1 Level, or IELTS 4 Bands with life skills,
11. Applicant’s TB Test.

Section EC-P: Entry clearance as a partner

EC-P.1.1. The requirements to be met for entry clearance as a partner are that-

1. (a) the applicant must be outside the UK;
2. (b) the applicant must have made a valid application for entry clearance as a partner;
3. (c) the applicant must not fall for refusal under any of the grounds in Section S-EC: Suitability–entry clearance; and
4. (d) the applicant must meet all of the requirements of Section E-ECP: Eligibility for entry clearance as a partner.

Section E-ECP: Eligibility for entry clearance as a partner

E-ECP.1.1. To meet the eligibility requirements for entry clearance as a partner all of the requirements in paragraphs E-ECP.2.1. to 4.2. must be met.

Relationship requirements

E-ECP.2.1. The applicant’s partner must be-

1. (a) a British Citizen in the UK,  or
2. (b) present and settled in the UK, or
3. (c) in the UK with refugee leave or with humanitarian protection.

E-ECP.2.5. The applicant and their partner must have met in person.

The relationship between the applicant and their partner must be genuine and subsisting.

If the applicant and partner are married or in a civil partnership it must be a valid marriage or civil partnership, as specified.

Any previous relationship of the applicant or their partner must have broken down permanently, unless it is a relationship which falls within paragraph 278(i) of these Rules; and

The applicant and partner must intend to live together permanently in the UK.

Financial requirements

E-ECP.3.1. The applicant must provide specified evidence, from the sources listed in paragraph E-ECP.3.2., of-

1. (a) a specified gross annual income of at least-
   1. (i) £18,600;
   1. (ii) an additional £3,800 for the first child; and
   1. (iii) an additional £2,400 for each additional child; alone or in combination with

2. (b) specified savings of-
   1. (i) £16,000; and
   1. (ii) additional savings of an amount equivalent to 2.5 times the amount which is the difference between the gross annual income from the sources listed in paragraph E-ECP.3.2.(a)-(d) and the total amount required under paragraph E-ECP.3.1.(a); or

In this paragraph “child” means a dependent child of the applicant or the applicant’s partner who is-

1. (a) under the age of 18 years, or who was under the age of 18 years when they were first granted entry under this route;
   1. (b) applying for entry clearance as a dependant of the applicant or the applicant’s partner, or is in the UK with leave as their dependant;

Accommodation Requirements:

The applicant should provide evidence that their partner is able to maintain and accommodate themselves, the applicant and any dependants adequately in the UK without recourse to public funds.

E-ECP.3.4. The applicant must provide evidence that there will be adequate accommodation, without recourse to public funds, for the family, including other family members who are not included in the application but who live in the same household, which the family own or occupy exclusively: accommodation will not be regarded as adequate if-

1. (a) it is, or will be, overcrowded; or
2. (b) it contravenes public health regulations.

English language requirement

E-ECP.4.1. The applicant must provide specified evidence that they-

1. (a) are a national of a majority English speaking country listed in paragraph GEN.1.6.;
2. (b) have passed an English language test in speaking and listening at a minimum of level A1 of the Common European Framework of Reference for Languages with a provider approved by the Secretary of State;
3. (d) are exempt from the English language requirement under paragraph E-ECP.4.2.

Section S-EC: Suitability-entry clearance

The applicant will be refused entry clearance on grounds of suitability if any of paragraphs S-EC.1.2. to 1.9. apply.

The Secretary of State has personally directed that the exclusion of the applicant from the UK is conducive to the public good.

The applicant is currently the subject of a deportation order.

The exclusion of the applicant from the UK is conducive to the public good because they have:

1. (a) been convicted of an offence for which they have been sentenced to a period of imprisonment of at least 4 years; or
2. (b) been convicted of an offence for which they have been sentenced to a period of imprisonment of at least 12 months but less than 4 years, unless a period of 10 years has passed since the end of the sentence; or
3. (c) been convicted of an offence for which they have been sentenced to a period of imprisonment of less than 12 months, unless a period of 5 years has passed since the end of the sentence.

S-EC.1.5. The exclusion of the applicant from the UK is conducive to the public good because, for example, the applicant’s conduct (including convictions which do not fall within paragraph S-EC.1.4.), character, associations, or other reasons, make it undesirable to grant them entry clearance.

Whether or not to the applicant’s knowledge-

1. (a) false information, representations or documents have been submitted in relation to the application (including false information submitted to any person to obtain a document used in support of the application); or
2. (b) there has been a failure to disclose material facts in relation to the application.

Section D-ECP: Decision on application for entry clearance as a partner

An applicant who meets the requirements for entry clearance as a partner (other than as a fiancé(e) or proposed civil partner) will be granted entry clearance for an initial period not exceeding 33 months, and subject to a condition of no recourse to public funds, and they will be eligible to apply for settlement after a continuous period of at least 60 months in the UK.

SUBMISSION

It is submitted that the applicant meets the above requirements under the Appendix FM Requirements, and all the required documents have been enclosed with the application for Entry Clearance Officer’s consideration. Please allow this application not only under the Appendix FM, but also under the Human Rights as it is breaching our human rights by not living together as a family.

Yours Sincerely

Your Name

Address:

Email Address: