New Ruling Brings Opportunity for Spouse Visa Applicants

[Immigration Advice Service]

From August 10^th, 2017, it has been ruled by the Supreme Court that those who apply for a spouse visa and unable to meet the standard financial requirements will now be able to be considered under the ‘Specific Circumstances’.

The Home Office will now be looking for alternative methods of financing such as evidence of a stable employment within three-months of moving to the UK, as well as providing proof that individuals are being financially supported by a stable family member or by whomever else.  

 

The Home Office have stated that individuals will still need to provide the requirements expected which will satisfy the application criteria.

The ruling has evidently given hope to thousands of families who have had their spouse visa application refused to the UK. Not only has this meant that families may be able to reunite, but could potentially be a life changing time.

 

If you are affected by the new ruling and struggling to find the correct direction to go to next, please get in touch with one of our spouse visa specialists. We offer legal guidance and support different types of applications.

Edited September 15, 2017 by Immigration Advice Service

[7by7]

Previously announced and discussed.

As Tony M says, the bar for exceptional circumstances has been set high, and as the quote he uses from the guidance says

Quote

Cases that raise exceptional circumstances that warrant a grant of leave outside the rules are likely to be rare

 

One obvious catch; from Free Movement's UPDATED: Home Office makes changes to Appendix FM Minimum Income Rule following MM case

Quote

Other sources of income will be considered to meet the Minimum Income Rule in certain circumstances.

Where other sources of income are relied upon the applicant, partner and any children, will be granted leave on a 10-year route to settlement.

Ten years rather than five; but better than a refusal.

 

See also para GEN.3.1 Exceptional Circumstances of the Immigration Rules Appendix FM: family members and para 21A, Other sources of income, financial support or funds in exceptional circumstances of the Immigration Rules Appendix FM-SE: family members specified evidence.

Edited September 15, 2017 by 7by7