You can apply for switching into spouse visa on the basis of your marriage with a British Citizen or a person present and settled in the UK. The application will be considered in accordance with requirements of the Immigration Rules as set out in Appendix FM of the Immigration Rules. As expert UK immigration solicitors, we can provide super prioirty service for your application for switching into spouse visa from inside the UK. Those applicants who cannot meet all the requirements for switching into spouse visa under 5 years route, they can apply or switching into spouse visa under 10 years route.

Requirements For Switching Into Spouse Visa

For a spouse visa application to succeed, there are 4 main requirements:

  1. The evidence of relationship between the sponsor and the applicant;
  2. The documentary evidence to comply with the financial requirement  as set out in Appendix FM;
  3. The adequate accommodation; and
  4. English language requirement.

Additionally, the applicant should also meet the suitability criteria as set out in the immigration rules.

Who Can Switch Into Spouse Visa Under 5 Years Route?

A person who is in the UK with leave to remain which was originally granted for period of more than six months and who is married to:

  • a British Citizen,or
  • a person with ILR, or
  • a person with refugee status, or
  • as a person with humanitarian protection

can apply to switch into spouse visa from inside the UK as long as he meets all the relevant requirements of the Immigration Rules. An application for switching into spouse visa from inside the UK is submitted to the Home Office by completing application form FLR (M).

Switching From Spouse Visa 10 Years Route To Spouse Visa 5 Years Route

If you are currently in the UK under spouse visas 10 years route, you can apply for switching into spouse visa 5 years route at any time during the validity of your leave and do not have to wait until closer to the expiry of your leave. It is in your interest to switch from 10 years route to 5 years route sooner rather than later because your time under 5 years route will only start from the time you are granted leave to remain under the 5 years route. You cannot combine your time under 10 years route with 5 years route for the purposes of applying for ILR under 5 years route and your time will start from scratch once you have been granted leave to remain under the 5 years route.

What Is Financial Requirement For Switching Into Spouse Visa?

The applicant must provide evidence that the sponsor's gross annual income is at least:

  1. £18,600;
  2. an additional £3,800 for the first Non-EEA child; and
  3. an additional £2,400 for each Non-EEA additional child; alone or in combination with
  4. specified savings of-(i) £16,000; and
    (ii) additional savings of an amount equivalent to 2.5 times the amount which is the difference between the gross annual income and the total amount required.

When determining whether the financial requirement is met only the following sources will be taken into account:

  1. income of the partner from specified employment or self-employment, which, in respect of a partner returning to the UK with the applicant, can include specified employment or self-employment overseas and in the UK;
  2. specified pension income of the applicant and partner;
  3. any specified maternity allowance or bereavement benefit received by the partner in the UK;
  4. other specified income of the applicant and partner; and
  5. specified savings of the applicant and partner.

Exemption From Financial Requirement For Switching Into Spouse Visa

The applicant will be exempt from meeting the financial requirement of £18,600 or above if the applicant’s partner is receiving one or more of the following -

(i) disability living allowance;
(ii) severe disablement allowance;
(iii) industrial injury disablement benefit;
(iv) attendance allowance; or
(v) carer’s allowance; and

Where the applicant is exempt from meeting the financial requirement, the applicant must provide specified evidence that his/her partner is able to maintain and accommodate himself/herself, the applicant and any dependants adequately in the UK without recourse to public funds.

English Language Requirement For Switching Into Spouse Visa

The applicant must provide specified evidence that he/she:

  1. is a national of a majority English speaking country; or
  2. has passed an English language test in speaking and listening at a minimum of level A1 of the Common European Framework of Reference (CEFR) for Languages with a provider approved by the Home Office, UKVI; or
  3. has an academic qualification recognised by UK NARIC to be equivalent to the standard of a Bachelor’s or Master’s degree or PhD in the UK, which was taught in English; or
  4. is exempt from the English language requirement because at the date of application:
    • the applicant is aged 65 or over;
    • the applicant has a disability (physical or mental condition) which prevents the applicant from meeting the requirement; or
    • there are exceptional circumstances which prevent the applicant from being able to meet the requirement prior to entry to the UK.

How To Challenge The Refusal Of Application For Switching Into Spouse Visa?

If your application for switching into spouse visa is refused by the Home Office, UKVI and you believe that the refusal decision is unlawful, you can challenge the refusal of your application for switching into spouse visa by filing an Appeal Against Refusal Of Leave To Remain As Spouse Of A British Citizen Or Settled Person with the First Tier Tribunal within 14 days of receiving the refusal letter.

Re-Applying For Switching Into Spouse After The Refusal

If your application for switching into spouse visa has been refused by the Home Office, UKVI and you believe that the decision to refuse your application is valid and lawful and therefore cannot be challenged successfully by way of appeal, you have the option to re-apply for switching into spouse visa. We can provide the required legal help and assistance with re-applying for switching into spouse visa through our Super Priority Service

Super Priority Service For Switching Into Spouse Visa

As the expert immigration solicitors based in London & Manchester, we are registered with the Home Office, UK Visas & Immigration (UKVI) and its commercial partners UKVCAS Sopra Steria to provide Super Priority Service (SPS) for your application whereby decision on your application will be made by the Home Office UKVI within 24 hours of the submission of the application at a designated service centre.

Our immigration solicitors can prepare and submit your application to the Home Office, UKVI through Super Priority Service (SPS) and get decision on your immigration application within 24 hours. You will be accompanied to one of the application centres in London or Manchester by our legal representative who will assist you with the enrolment of your biometrics and submission of your application to get decision on your application in within 24 hours. This way, you will not have to wait for the decision on your application for months (sometimes years).

Why Sunrise Solicitors For Switching Into Spouse Visa Under 5 Years Route?

The immigration solicitors at Sunrise Solicitors are experts in dealing with application for switching into spouse visa as a spouse of a person present and settled in the UK. The quality of our service is self-evident from the reviews of our clients about the service provided by our immigration lawyers. You can contact us if you are seeking legal help from immigration solicitors in London or Manchester in relation to your FLR (M) application and our immigration solicitors will provide you fast, friendly, reliable, honest and professional immigration service.

How We Can Help With Your Application For Switching Into Spouse Visa?

If instructed to represent you for your application to switch into spouse visa, the immigration casework to be carried out by our immigration solicitors will include the following:

  • Our immigration solicitors will take detailed instructions from you and advise you about the relevant immigration law and procedures to be adopted by the Home Office, UKVI in your application for switching into spouse visa;
  • Our immigration solicitors will discuss your immigration case in detail with you and advise you about the weaknesses and strengths of your application;
  • Our immigration solicitors will advise you about the documentary evidence to be submitted in support of your application for switching into spouse visa;
  • Our immigration solicitors will consider contents of the documentary evidence to be submitted in support of your application and discuss the same with you;
  • Our immigration solicitors will complete online form FLR (M) for switching into spouse visa and discuss the same with you;
  • Our immigration solicitors will prepare a covering letter to introduce and support the spouse visa switching application. We can submit your FLR (M) application through our Super Priority Service to get quick decision on your application witin 24 hours;
  • Our immigration solicitors will liaise with the Home Office, UKVI for an expeditious decision on your application for switching into spouse visa;
  • Our immigration solicitors will protect your interests while your spouse visa application is pending with the Home Office, UKVI and keep you informed about the progress on your application;
  • Our immigration solicitors will do all the follow up work until decision is reached on your spouse visa switching application;
  • Our immigration solicitors will advise you about the implications of the Home Office decision on your application.

Our Fee For Switching Into Spouse Visa Under 5 Years Route

  • We will charge you a fee from £700 + VAT for our professional immigration services in relation to your application to switch into spouse visa category where the financial requirement is being satisfied only through employment of the sponsor/applicant. The agreed fee will depend on the complexity of the matter and the casework involved in the matter.
  • We will charge you a fee from £1,000 + VAT for our professional immigration services in relation to your application to switch into spouse visa category where the financial requirement is being satisfied through self-employment or savings of the sponsor/applicant. The agreed fee will depend on the complexity of the matter and the casework involved in the matter.
  • If you cannot afford to pay our fee in full at the time of instructing us in relation to your application for switching into spouse visa, you can pay half of the fee at the time of instructing us and the balance can be paid by monthly instalments.
  • The agreed fee will cover all our work until decision by the Home Office on the application. However, it is pertinent to note that the agreed fee will not cover any disbursements to be incurred by us on your behalf e.g. translation of documents, UKVI fee for the spouse visa application, etc.

Sunrise Solicitors is the trading name of Sunrise Solicitors Ltd (company registration no. 6405492). Sunrise Solicitors Offices are regulated by SRA under SRA ID 490903 (London Office) and SRA ID 645256 (Manchester Office). Sunrise Solicitors are also members of Immigration Law Practitioners' Association (ILPA).

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