www.getukvisa.co.uk
Join a partner

Partner Visas – Exceptions in the UK

July 27, 2018 429

It is sometimes difficult to get a visa to come to the UK to join your partner, because the rules can be hard to meet. But if you are already in the UK different rules may apply.

Some migrants find themselves in a position where they want to apply for leave to remain in the UK on the basis of their relationship with a partner (spouse, civil partner or unmarried partner) who is a British citizen, or holds settlement, or holds refugee leave or humanitarian protection leave.

The “normal” rules for a partner visa application are that the migrant must already hold immigration leave in the UK and must also satisfy a financial requirement, an accommodation requirement and an English language requirement.

But sometimes the migrant cannot satisfy the normal requirements but they nonetheless may be able to make a strong application. This comes about because of Paragraph EX.1 of the family immigration rules, which provides exceptions to the normal principles, whereby there is no need to satisfy these requirements. Such a migrant might even be an overstayer.

The exception rule works like this:

  • that the migrant has a genuine relationship with a partner who is British, holds settlement or holds refugee or humanitarian protection leave and there are “insurmountable obstacles” to them living their life together outside the UK

And there is another kind of exception, which works like this:

  • that the migrant is the parent of a child in the UK who is British or who has lived in the UK for at least seven years and it would not be “reasonable” to expect the child to continue family life outside the UK

In some cases the migrant might engage both of these provisions, ie they might have such a partner and such a child.

These wordings, “insurmountable obstacles” and “reasonable”, are of course vague and imprecise, and intentionally so. But in practice a lot of migrants are able to take advantage of these exceptions.

Migrants relying on these rules are disadvantaged to the extent that their route to settlement (ie indefinite leave to remain) is a ten-year route, rather than the five-year route under the normal rules, but at least the route is available to them.

www.getukvisa.co.uk

get uk visa

Why is GET UK VISA So Good?

Our team has many years’ collective experience of immigration law practice, with experience of most types of application. We also have extensive experience in immigration appeals work before the First-Tier and Upper Tier Immigration Tribunals. We also hold prestigious legal and immigration law qualifications and we are registered with our governing body, the OISC, to the highest level of practice, level 3.

We are committed to the local ethnic communities and to the “high street firm” ethos. We believe in the personal touch and many of our clients have instructed us on multiple occasions.

 

Recent News

Jan 07, 2019

Tier 5 Government Authorised Exchange Internship Visa

Tier 5 Government Authorised Exchange Internship Visa It often happens that a student in the UK successfully passes their exams and decides that they would like to find a job, stay in the UK, and make their life here. But these days it is not so easy. The old Tier 1 Post-Study Work visa has […]

Nov 27, 2018

Health surcharge to double in December 2018

Visa applicants in many categories have to pay the IHS health surcharge, which is currently £200 per year and £150 per year for students. Applicants have to pay this fee in advance, at the same time as they pay the visa application fee. The bad news is that the health surcharge is set to double, […]

Nov 08, 2018

Asylum Appeals

The Home Office sometimes refuses applications for asylum or humanitarian protection. On occasion Home Office decision-making is harsh or unfair, and it is well-known that it is more difficult for asylum-seekers from some countries to succeed than it is for those from others. For this reason, statistics about asylum application success rates are not entirely […]

Google Reviews

  • review rating 5  I was worried a lot if I could prepare all document myself and apply for British citisenship. Then Iook in internet if I can find an agency to relay on, to be sure will do the job. And I found GET UK VISA , their office was conveniently close and I went. Adel Teimoory the Immigrattion Consultant is very knolidgable, very professional and frendly. I manage to prepare all documents in few days and left all the rest for them. No delays, no problems for less than a month I have the approval letter and official invitation for ceremony. How wonderful!!! I will recomand this company to anyone who wants to succeed with their application. Great excellent professionals and supperb service and support!

    thumb tanya aba
    12/05/2018
  • review rating 5  تشکر میکنم از اقای کورس وتیموری محترم که تمام زحماته ویزای من رو به عهده گرفتن و کمتر از پنج هفته ویزای مجدد بنده رو گرفتن واقعا ممنونم از این همه دقت وحماییتون و خیلی خوشحالم از اشناییتون به امید همکاری های بیشتر در اینده بسیار نزدیک😊👌👌👌👌 Thank you very much Mr kooros and teymoori to get my visa again. Your work is excellent and accurate. I am glad to welcome you, and in the hope of further cooperation in the near future.thanke you for evrything.you are the best.you got my visa less than 5 weeks it is very fantastic😊👌👌👌👌👌

    thumb Sharareh Alamdar
    10/20/2018
  • review rating 5  The best service I ever had , very friendly , reliable services. We successfully got out married visa with get uk visa Ltd. I highly recommend them

    thumb mohsen Nobary
    9/03/2018
  • review rating 5  Amazing service. My wife and I had our cases handled by Adel, which managed everything perfectly on all aspects. Everything was clarified upfront and the office was very responsive to any question we had during the process. Both of our visas were approved. GET UK VISA is highly recommended, affordable and professional.

    thumb eliran sivan
    8/22/2018
  • review rating 5  Korous has been an amazing help. I needed advice on Tier 2, Tier 4 and visitor visas and he was incredibly knowledgeable about all different visas and the UK Visa and Immigration system. I never felt rushed and he went well out of his way to help me even on a Sunday, which should have been his day off! I highly recommend Get UK Visa for anyone with Visa questions. They are warm, friendly and very professional.

    thumb Michelle R
    8/09/2018