Getting a visa for a family reunion in the UK

A Wide range of people visit the United Kingdom every year under different purposes as for sightseeing, studying, or even working, the UK visa allows you to enter the country whether it is through the sea, land or air.  The possession of a visa means that you have fulfilled the requirements that the particular visa has. The rules around joining a family member in the UK vary depending on which country you are coming from, which country the family member comes from, how long they have been in the UK and what your relationship is to them. In this article we are going to look at available routes into the country for individuals who wish to reunite with their families in the UK.

How can I bring my Spouse to the UK?

The main route for bringing a spouse to the UK is through the Spouse Visa. The UK spouse visa, also known as marriage visa or settlement visa, allows a person who is a non-EEA national or married to a non-British citizen to live together in the UK. The spouse Visa permits you to live in the UK for up to 30 months. Subsequently, an application for further extension can ensue so long as you still meet the UK visa requirements. The Spouse Visa allows an eligible partner 2.5 years stay in the UK which can be extended. After spending 5 years in the UK, the spouse visa holder will be entitled to apply for Indefinite Leave to Remain. In order to apply for a Spouse Visa, eligibility criteria must be met. Eligibility criteria for a Spouse Visa:

• You are currently in a civil partnership or marriage that’s recognised in the UK
• You have been living together in a relationship for at least 2 years when you apply
• You have a good knowledge of English (will need to be proven depending on country of origin)
• You are able to support yourselves and any dependents

Can my unmarried partner join me in the UK?

Being married or in a civil partnership to your British or settled partner is not the only way, to join him or her in the UK. The UK Immigration Rules allow for the unmarried partners (of at least two years) of persons in various immigration categories in the UK, to join their partners in the UK.

To join your unmarried partner both you and your partner must show that:

• you are able to support yourselves and any dependents without recourse to public funds
• you are older than 18
• you intend to permanently live together

If your partner is a British citizen, you will have to fulfil the financial requirement. An important requirement of proof in this type of application is that you have to prove that you have been living together in a relationship akin to marriage for two years or more. If your visa is granted, you will receive leave to remain in the UK for up to 2.5 years. You can extend this visa at the end of the 2.5 year period.

Can I bring my adopted child to the UK?

In the UK one can adopt a child from overseas if the child cannot be cared for in a safe environment in his/her home country and adoption is the best interest of the child. In the UK, there are restrictions on overseas child adoption from Cambodia, Guatemala, Nepal, Haiti and Ethiopia. However, an applicant can contact the Intercountry Adoption Team for child adoption from any of these countries. Moreover, an applicant needs to apply in writing, explaining the reasons for the exception. Moreover, there are additional steps involved in overseas child adoption such as assessment by overseas adoption authority and visiting the child in his/her home country. And also sending the adoption application to the home country of the child. If you want to adopt a child from overseas, you should contact either the local council or a voluntary adoption agency that deals with overseas adoption. Therefore, prospective parents first need to get the approval of the Department of Education (DfE) before applying for entry clearance under the immigration rules for the for bringing an adopted child to the UK, certainly the UK adoption agency informs about any further information and details.

How can my family extend their stay in the UK on an EEA Family Permit?

The EEA Family Permit allows holders to enter the UK without restriction for a fixed period. If you are not an EEA but are related to one, the EEA Family Permit may be open to you if you meet the eligibility requirements. Your EEA national relative must be present in the UK or accompanying you to the UK for you to be eligible. An EEA Family Permit for the non-EEA family member is usually issued for a period of 5 years, after which the non-EEA family member can make an application for Indefinite Leave to Remain in the UK.

What happens when your EEA permit expires?

You can stay in the UK after your permit expires if:

• you are the family member of an EEA national; or
• you qualify for a ‘Surinder Singh’ application; or
• you have a retained right of residence; or
• you have a derivative right of residence.

You can apply for a residence card or derivative residence card to confirm your right of residence. There is no requirement to apply but it will make it easier to prove your right to live and work in the UK.

Where Can I get Help?

Whether you require expert advice on the requirements of the Immigration Rules, an independent assessment of your prospects of qualifying for a visa or professional assistance with preparing an immigration application, our team of experienced immigration lawyers can help We can help give you all the advice that you need In order to make a successful Family Visa application or any other Visa application in the UK. So, for more information and advice on UK immigration law and UK visa applications please contact us on 02037447437 or send us an email on info@fairmontlawyers.com.