Welcome to Farzad Ghods Legal Services

Reuniting with your family in the UK is a life-changing journey, but the visa process can be complex and daunting. A UK Family Visa is the official pathway for you to join a qualifying family member and live in the UK for more than six months. Whether you are starting your journey from overseas, extending your current stay, or switching from another visa, our team of expert immigration advisors is here to guide you every step of the way.

We provide a professional, compassionate service to simplify the process, maximise your chances of success, and bring your family together sooner.

Your Pathway to the UK: Types of Family Visa Applications

We can manage your application no matter what your situation is.

  • Applying from Outside the UK: If you are planning to move to the UK to live with a family member.
  • Extending Your Family Visa: If you are already in the UK on a family visa and need to apply for further permission to stay before you can apply for settlement (Indefinite Leave to Remain).
  • Switching to a Family Visa: If you are in the UK on a different type of long-term visa (e.g., a work visa) and your circumstances have changed, allowing you to switch to a family route.

Who Can You Join in the UK?

The Family Visa route covers several key relationships. You can apply to join your:

  • Spouse or Partner (including civil partner or unmarried partner)
  • Fiancé, Fiancée, or Proposed Civil Partner (to get married in the UK)
  • Child
  • Parent (if you are a child under 18)
  • Relative who will provide long-term care for you (Adult Dependant Relative)

Understanding the Costs: Visa Fees & Healthcare Surcharge

Understanding the financial commitment is a crucial first step. The fees vary depending on your application type.

Home Office Application Fees

Application TypeApplying from Outside UKApplying from Inside UK
Joining a Partner, Parent, or Child£1,938 per person£1,321 per person
Adult Dependant Relative£3,413 per person£1,321 per person

Note: These are significant payments. We advise informing your bank before making the transaction to avoid it being automatically blocked.

Immigration Health Surcharge (IHS)

In addition to the visa fee, you must pay the IHS, which gives you access to the UK’s National Health Service (NHS). For a typical partner visa, this can be over £2,500 per adult for a 2.5-year visa.

Our advisors provide a clear, upfront breakdown of all costs associated with your specific application so there are no surprises.

Important Exclusions: When You Cannot Apply for a Family Visa

To save you time and potential disappointment, it’s vital to know when a Family Visa is not the correct route.

  • Your Family Member is on a Work or Student Visa: You cannot apply for a Family Visa in this case. Instead, you must apply as their Dependant. We can assist with these applications.
  • You are in the UK on a Visitor Visa: You cannot switch from a visitor visa to a family visa from inside the UK. You must return to your home country to apply. The only major exception is if you are in the UK on a 6-month visa as a fiancé(e), and you have gotten married.

Special Circumstances: Compassionate Routes to Settlement

We offer sensitive and expert advice if your circumstances have tragically changed. You may be able to apply to settle in the UK if you were here as a partner and:

  • You were a victim of domestic abuse.
  • Your partner passed away.

Frequently Asked Questions (FAQ) – UK Family Visas

Q: How long does the Family Visa last?
A: When applying from outside the UK to join a partner, the initial visa is typically granted for 2 years and 9 months. You will then need to extend it to complete the 5-year route to settlement.

Q: Can I get a faster decision?
A: Yes, if you are applying from within the UK, you can often pay an extra £1,000 for the ‘super priority service’ to receive a decision in 1-2 working days.

Q: What if I cannot afford the visa fee?
A: In very limited and specific circumstances (for example, if you are destitute), you may be eligible for a fee waiver. We can assess your eligibility for this.

Why Choose Us? Your Partner in Family Immigration

  • Expert Guidance: We navigate the complex rules for you.
  • Maximise Success: We meticulously prepare your application to meet all requirements, reducing the risk of refusal.
  • Reduce Stress: We handle the paperwork and communicate with the Home Office on your behalf.
  • Clear Cost Breakdown: We provide a transparent overview of all fees from the start.

UK Spouse Visa & Partner Visa: Your Expert Guide to Joining Your Partner in the UK

Joining your partner in the UK is a significant life step, and the UK Spouse and Partner Visa route is the dedicated pathway to make it happen. The application process is notoriously complex, with strict requirements for your relationship, finances, and English language ability. A mistake in any of these areas can lead to a heartbreaking refusal.

Our team of specialist immigration advisors provides expert, end-to-end support for all partner visa applications. We navigate the complexities for you, ensuring your application is prepared to the highest standard to maximise your chances of success and bring you together with your loved one.

Are You Eligible to Apply as a Partner?

To successfully apply, you and your partner must meet several core requirements.

Your UK Partner’s Status:
Your partner in the UK must be a British or Irish citizen, have settled status (e.g., Indefinite Leave to Remain), hold pre-settled status under the EU Settlement Scheme, or have refugee status or humanitarian protection.

Your Relationship:
You must prove that your relationship is genuine and subsisting. You will need to show that you are either:

  • Married or in a civil partnership that is legally recognised in the UK.
  • Unmarried partners who have been living together in a relationship akin to marriage for at least two years.
  • Fiancé(e)s or proposed civil partners intending to marry or enter into a civil partnership in the UK within six months of your arrival.

Proving Your Relationship: The Essential Evidence

This is a critical part of your application. You must provide strong, official evidence that your relationship is genuine. We will help you compile a robust portfolio of documents, which can include:

  • Official Documents: Marriage/civil partnership certificates.
  • Evidence of Cohabitation: Tenancy agreements, utility bills, or council tax bills in joint names or addressed to you both at the same address.
  • Shared Financial Responsibilities: Joint bank account statements.
  • Official Correspondence: Letters from doctors, dentists, or government bodies showing you live at the same address.

For unmarried partners, proving two years of cohabitation is essential. For those who cannot live together for cultural or work reasons, we can help you provide alternative evidence of your ongoing commitment, such as communication logs, evidence of financial support, and records of time spent together.

The Fiancé(e) Visa Route: Your Pathway to Marriage in the UK

If you intend to marry your partner in the UK, you must first apply for a Fiancé(e) Visa.

  • Duration: This visa is granted for 6 months.
  • Key Condition: You must get married or enter into a civil partnership within this 6-month period.
  • Restrictions: You are not permitted to work or study in the UK on a Fiancé(e) Visa.
  • Next Step: Once married, you must apply to switch to the full partner visa from within the UK to remain and gain the right to work.

The 5-Year Route to Settlement

The partner visa is a journey towards permanent residence in the UK.

  1. Initial Visa: Your first visa as a partner will be granted for 2 years and 9 months.
  2. Extension: Before this visa expires, you must apply for an extension for a further 2 years and 6 months.
  3. Settlement (Indefinite Leave to Remain): After completing a total of 5 years in the UK on the partner route, you can apply to settle permanently.

Our experts provide support at every stage of this 5-year journey, from your first application to your final settlement application.

Frequently Asked Questions (FAQ) – Partner & Spouse Visas

Q: What are the financial requirements?
A: You must meet a strict Minimum Income Requirement, which usually means your UK partner must be earning at least £18,600 per year (this threshold is higher if you are also applying with non-British children). The rules around proving this are extremely complex.

Q: What if we have a child who is a British citizen?
A: If you have a child in the UK who is a British citizen, you may still be able to apply even if you do not meet all of the standard requirements. These are complex human rights-based applications where expert legal advice is essential.

Q: How long does a spouse visa application take?
A: When applying from outside the UK, a decision can take up to 12 weeks. From inside the UK, it’s typically around 8 weeks, though priority services are often available for a faster decision.

Why Choose Us for Your Partner Visa Application?

  • Relationship Evidence Mastery: We are experts at building a compelling case to prove your relationship is genuine.
  • Financial Requirement Specialists: We navigate the complex financial rules to ensure your application is successful.
  • End-to-End Support: We manage your application from the initial consultation right through to your visa decision.
  • Reduced Stress, Maximised Success: We handle the intricate details, giving you peace of mind and the best possible chance of a positive outcome.

UK Spouse Visa Financial Requirement: Expert Guide to the £29,000 Income Rule

Meeting the financial requirement is the most challenging and critical part of the UK Spouse or Partner Visa application. The rules are complex, the evidence required is specific, and a small miscalculation is the number one reason for a visa refusal. With the income threshold having recently increased, expert guidance has never been more vital.

Our team of specialist immigration advisors provides a comprehensive financial assessment service. We navigate the intricate rules for you, ensuring your application is supported by the correct evidence, prepared perfectly to meet the Home Office requirements and secure your future together in the UK.

The Minimum Income Requirement: The £29,000 Threshold

For all new applications as a partner or spouse, you and your UK partner must prove a combined gross annual income of at least £29,000.

This is a strict threshold. How you prove this income depends entirely on its source – whether it’s from UK employment, self-employment, cash savings, pensions, or other specified sources. The documentary evidence for each category is highly specific and must be presented perfectly.

Critical Exceptions to the New Rule

The financial rules that apply to you can change based on your history and circumstances. It is crucial to know which set of rules you fall under.

Extending a Visa First Applied for Before 11 April 2024

If you successfully applied as a partner, fiancé(e), or proposed civil partner before 11 April 2024, you are covered by transitional rules for your visa extension. You do not need to meet the new £29,000 threshold.

Instead, you must prove a combined income of at least £18,600 a year.

This amount increases if you have children who are also applying with you or are dependants on your visa. You must show an additional:

  • £3,800 a year for your first child.
  • £2,400 a year for each additional child.
    (This extra amount is capped, meaning you will never need to prove an income of more than £29,000).

If Your UK Partner Receives Qualifying Benefits

If your partner in the UK receives certain benefits related to disability or care (such as Personal Independence Payment, Carer’s Allowance, or Disability Living Allowance), you are exempt from the £29,000 minimum income requirement.

Instead, you must meet a requirement called ‘adequate maintenance’. This means you must prove that after housing costs are paid, you will have at least the same amount of money left over as a family receiving income support. This is a complex calculation where our expert guidance is invaluable.

What if You Cannot Meet the Financial Requirement?

If you do not meet the standard financial rules, there may still be a pathway for you to come to or remain in the UK under “exceptional circumstances.” This is a complex human rights-based application, usually considered if:

  • You have a child in the UK who is a British citizen or has lived here for 7 years, and it would be unreasonable for them to leave.
  • Refusing your visa would be a breach of your human rights.

Applications made under these exceptions are highly complex and lead to a longer 10-year route to settlement. They require specialist legal advice to have a chance of success.

Frequently Asked Questions (FAQ) – Partner Visa Finances

Q: My partner earns £29,000, but I am not working. Is that enough?
A: Yes. The £29,000 can be met solely by your UK partner’s income, by your income from overseas if you have a UK job offer, or by a combination of both.

Q: Can we use our savings to meet the requirement?
A: Yes, cash savings can be used, either on their own or in combination with income. The minimum amount of savings required is significant, and the rules on how they must be held are very strict.

Q: My first visa was granted in 2023. What income do I need for my extension?
A: Because your first application was before 11 April 2024, you will only need to meet the previous threshold of £18,600 (plus any amount for dependant children).

Don’t Risk Your Future Together – Get Expert Financial Advice

A visa refusal based on finances can be devastating. Our expert advisors live and breathe these complex rules. We will:

  • Conduct a detailed assessment of your income and savings.
  • Identify the correct evidential route for your specific circumstances.
  • Provide a precise checklist of the documents you need.
  • Prepare your application to the highest professional standard.

UK Parent Visa: Expert Guidance for Parents Joining Their Child in the UK

Being an active part of your child’s life is a precious opportunity. The UK Parent Visa provides a dedicated pathway for non-UK parents to live in the UK to care for their child. However, this is one of the most complex and evidence-heavy immigration routes, where the strength of your application depends entirely on proving your genuine and active parental role.

Navigating this intricate journey requires specialist knowledge and meticulous preparation. Our team of expert immigration advisors provides comprehensive support for Parent Visa applications, from assessing your eligibility to building a compelling case with the right evidence. We are here to guide you through every step, ensuring the best possible chance of a successful outcome for you and your child.

Are You Eligible to Apply for a UK Parent Visa?

Before beginning, it’s crucial to understand the strict eligibility criteria. This is not a straightforward route and is designed for specific family situations.

The Golden Rule: Partner Route First
It is essential to know that if you are eligible to apply for a UK visa as a partner or spouse, you must use that route. The Parent Visa is for parents who do not have a partner in the UK with whom they can apply.

Your Child’s Status in the UK
Your child, who must be under 18 on the date you apply, must be living in the UK and hold one of the following statuses:

  • British or Irish citizen.
  • Settled in the UK (holding Indefinite Leave to Remain, settled status, or proof of permanent residence).
  • From the EU, Switzerland, Norway, Iceland, or Liechtenstein with pre-settled status (and must have started living in the UK before 1 January 2021).
  • If you are applying from inside the UK, the child must have lived here continuously for 7 years, and it must be unreasonable for them to leave.

The Crucial Test: Proving Your Parental Responsibility

This is the absolute core of your application. You must demonstrate that you have parental responsibility for your child and plan to take an active role in their upbringing.

Shared Parental Responsibility
This is the most common scenario. If you share parental responsibility, you must prove that the child’s other parent is not your partner. That other parent must also be a British/Irish citizen or settled in the UK.

  • If the child lives with you: You must prove this cohabitation.
  • If the child lives with the other parent: You must prove that you have direct, in-person access to your child, as agreed with the other parent or as mandated by a UK family court order.

Sole Parental Responsibility
If you have sole responsibility for your child’s upbringing, you will need to provide strong legal and practical evidence to prove this. This is a high threshold to meet and requires robust documentation.

Building Your Case: The Evidence You Need to Provide

Your application will be decided on the quality of your evidence. The Home Office prioritises official, third-party documents that are less than four years old. Personal items have very little weight.

Strong, Recommended Evidence:
Our experts will help you gather the most persuasive evidence, such as:

  • Letters from your child’s school or nursery: Confirming you are a registered contact, attend parent evenings, or are involved in their daily school life.
  • Letters from your child’s doctor, dentist, or health visitor: Proving that you register them for care and take them to appointments.
  • Official UK court orders: Paperwork that confirms the child lives with you or that you have a defined role in their upbringing (you must have the court’s permission to submit this).
  • Official letters from a local authority: Correspondence addressed to you regarding your child.

Weaker Evidence (Use with Caution):
While sometimes necessary, relying solely on the following is unlikely to lead to a successful application:

  • Solicitor-drafted parental agreements (these are less persuasive than a court order).
  • Letters from HMRC regarding Child Tax Credits.
  • Social services paperwork about access arrangements.

Evidence to Avoid: The Home Office does not consider items like greeting cards, photographs, or social media messages as strong evidence of your parental role.

Meeting the Financial & English Language Requirements

In addition to your relationship with your child, you must also prove your own suitability to live in the UK.

  • Financial Requirement (Adequate Maintenance): You must prove that you can financially support yourself and your child without claiming public funds. A caseworker will assess your income and housing costs to see if you meet a test called ‘adequate maintenance’.
  • English Language Requirement: You must prove you have a good knowledge of English, usually by passing an approved English language test.

Important Exception: If your child is a British/Irish citizen or has lived in the UK for 7 years, you may still be able to get a visa even if you do not meet the financial and English language requirements, if it would be unreasonable for the child to leave the UK. These are complex human rights applications where our expert guidance is essential.

The Application Process, Fees, and Timelines

  • How to Apply: You must apply online, whether from inside or outside the UK.
  • Decision Times:
    • Outside the UK: A decision is usually made within 12 weeks.
    • Inside the UK: Standard processing can currently take up to 12 months. A faster priority service may be available for an additional fee.

Your Journey in the UK: The 5-Year Route to Settlement

The Parent Visa is a pathway to permanent residence.

  1. Initial Visa: Your first visa will be granted for 2 years and 9 months.
  2. Extension: You will need to apply to extend your stay for a further 2 years and 6 months.
  3. Settlement (Indefinite Leave to Remain): After completing a continuous 5 years in the UK on the Parent Visa route, you can apply to settle permanently.

Why Risk Your Child’s Future? Let Our Experts Lead the Way

The Parent Visa route is one of the most discretionary and challenging applications. A refusal can be devastating for a family. Our experienced immigration advisors provide the specialist support you need.

  • Expert Eligibility Assessment: We will honestly assess your chances of success from the start.
  • Strategic Evidence Guidance: We work with you to build the strongest possible portfolio of official, third-party evidence.
  • Meticulous Application Preparation: We manage the entire online application to ensure it is accurate, complete, and professionally presented.
  • Navigating Complexity: We specialise in complex cases, including those involving the 7-year child rule and adequate maintenance calculations.

UK Child Dependant Visa: A Complete Guide for Joining Your Parent in the UK

Ensuring a child can join their parent in the UK is a priority for any family. The UK Child Dependant Visa is the dedicated immigration route for children to live with their parent(s) in the UK. The application process is intricate, with different rules depending on your age, where you were born, and the immigration status of your parents.

Mistakes in these applications can lead to long, stressful delays and potential separation. Our team of specialist immigration advisors offers a compassionate and expert service, managing the entire application process for your child. We ensure every detail is handled with the care and precision required to unite your family in the UK.

Core Eligibility Requirements for All Child Applicants

Regardless of the specific application route, every child applicant must prove that they:

  • Will live with their parent(s) in the UK (unless they are living away for full-time education, such as at a boarding school).
  • Are not married or in a civil partnership.
  • Will be adequately maintained and accommodated without recourse to public funds.

If You Were Born in the UK

If you were born in the UK but are not a British citizen, your immigration status is directly linked to that of your parents. You will get the same permission to stay as them. You can secure your status by either:

  1. Being included as a dependant in your parent’s next visa extension or settlement application.
  2. Applying separately for your own visa to align with your parent’s status.
  3. Applicants under 18: Your application is linked to your parent’s current visa status.
  4. Applicants 18 or over: You can only apply if you are already in the UK on a visa that was granted to you when you were under 18.

If You Were Born Outside the UK

This is the most common route for children joining a parent from overseas or switching visa categories within the UK.

For Children Under 18

To be eligible, one of your parents must either be applying for, or already have, a UK visa in one of the following categories:

  • As a partner, and the person they are joining in the UK is your other parent. This ensures both parents are on a path to settlement together.
  • As a parent, and that parent has sole parental responsibility for you.

You may also be able to apply if your parent has refugee status or humanitarian protection in the UK. In exceptional cases where these routes don’t apply, you might still be eligible if there are serious and compelling reasons for you to be in the UK, and robust care plans are in place.

For “Children” Over 18

You can only apply as a child dependant if you are 18 or over if you were initially granted a family visa when you were under 18 and have continuously held that visa. You cannot apply as a new dependant for the first time if you are already over 18.

Navigating the Application Process: Forms and Procedures

The application process can be confusing as it often depends on how and when your parent is applying.

  • Applying at the Same Time as Your Parent: If your parent is applying to join their partner in the UK, you will typically be included in their application. The specific form (often Appendix FM online) depends on the UK partner’s immigration status.
  • Applying Separately from Your Parent: If your parent is already in the UK, you will need to submit a separate application. This application must include your parent’s financial information to prove they meet the income requirements of their own visa category.

Our experts will identify the precise application form and process for your family’s unique situation, eliminating confusion and preventing critical errors.

Decision Timelines and What to Expect

  • Applying from Outside the UK: A decision is typically made within 12 weeks.
  • Applying from Inside the UK: A standard decision usually takes around 8 weeks.

It’s important to note that if your parent is on a longer, 10-year route to settlement, the processing time for your dependant application may also be significantly longer. In some cases, priority services are available for an additional fee to get a faster decision.

Frequently Asked Questions (FAQ) – Child Dependant Visas

Q: Can my child apply if only one parent is moving to the UK?
A: This is a complex area. Generally, the Home Office expects both parents to be moving to the UK together unless the sponsoring parent has ‘sole responsibility’ for the child’s upbringing. We can provide specialist advice on sole responsibility cases.

Q: My parent in the UK is a British citizen. Can I apply?
A: Yes, if your British parent’s partner is also moving to the UK (your other parent), you can apply as a dependant on their partner visa application. If only the British parent is in the UK, the application route is different and more complex.

Q: What happens when my child turns 18 in the UK?
A: As long as they were granted their initial visa as a child dependant, they can continue to extend their visa as a dependant, provided they are not married and are not living an independent life.

Secure Your Child’s Future in the UK with Expert Support

A child’s visa application is one of the most important you will ever make. The rules are strict, and the evidence required must be precise. Our dedicated team of immigration advisors offers the expert and compassionate service your family deserves.

  • We determine the correct application route for your child.
  • We ensure all parental responsibility requirements are met.
  • We manage the entire application process, from form-filling to document submission.
  • We provide peace of mind during a stressful time.

UK Adult Dependant Relative Visa: Expert Legal Guidance for a Complex Application

The Adult Dependant Relative visa is designed to allow a person to join their family in the UK to receive long-term personal care. However, it is famously one of the most difficult UK immigration routes to succeed in, with an extremely high threshold for refusal. The rules are designed to be exceptionally strict, and applications require an extensive and compelling body of evidence to even be considered.

Navigating this challenging application requires specialist legal expertise. Our team of dedicated immigration advisors has a deep understanding of the intricate requirements of the Adult Dependant Relative route. We provide a compassionate, thorough, and strategic service to build the strongest possible case for your family, giving you the best chance of a successful outcome in the most challenging of circumstances.

Understanding the Strict Eligibility Criteria

To be eligible for this visa, both the applicant (the adult needing care) and the sponsor (the relative in the UK) must meet a stringent set of requirements.

Who Can Apply? The Applicant’s Requirements
You, the applicant, must be over 18 and be able to prove that you require long-term personal care to perform everyday tasks due to illness, disability, or your age. This refers to essential daily activities such as washing, dressing, and cooking.

Who Can Sponsor You? The UK Relative’s Requirements
The relative providing the care in the UK must be your parent, grandchild, brother, sister, son, or daughter. They must be living permanently in the UK and hold one of the following statuses:

  • British or Irish citizen.
  • Settled in the UK (holding Indefinite Leave to Remain, settled status, or proof of permanent residence).
  • From the EU, Switzerland, Norway, Iceland, or Liechtenstein with pre-settled status (and must have started living in the UK before 1 January 2021).
  • Holding protection status (leave to remain as a refugee or a person with humanitarian protection).

The High Threshold: What You Must Prove for a Successful Application

This is the core of the application and where most fail. Success depends on providing clear, irrefutable evidence for three critical points.

1. You Need Long-Term Personal Care
You must provide extensive medical evidence from a doctor or other health professional in your home country. This evidence must detail your physical or mental condition and explain exactly why you are no longer able to perform essential, everyday tasks for yourself without assistance.

2. The Required Care is Not Available or Affordable in Your Home Country
This is the most difficult requirement to meet. You must prove that the level of care you need cannot be obtained in your home country, even with your UK sponsor’s financial help. This involves demonstrating that there are no suitable alternatives, such as:

  • Care from another close family member in your home country.
  • Hiring a private nurse or carer.
  • Access to a nursing home or other care facility.
    You must provide compelling evidence, such as letters from local doctors, hospitals, or care agencies confirming the lack of suitable facilities or staff, and detailed financial evidence proving that any available options are not affordable for you.

3. Your UK Relative Can Support You for 5 Years
Your UK sponsor must sign a formal undertaking confirming they can and will accommodate, care for, and financially support you for at least five years without relying on any public funds (benefits). The Home Office caseworker will conduct a thorough assessment of their income, housing costs, and the potential costs of your care to ensure this is credible.

The Application Process and Visa Duration

  • How to Apply: You can only apply for this visa from outside the UK. It is not possible to switch to this visa from within the UK (for example, from a visitor visa). The application is made online and must be accompanied by the paper form Appendix 1.
  • Decision Timeline: When applying from outside the UK, a decision is usually made within 12 weeks.
  • Visa Duration and Settlement: If your application is successful and your UK sponsor is a British citizen or is settled, you will be granted immediate Indefinite Leave to Remain. This means your stay is unlimited, and you will not need to apply for extensions. If your sponsor has a temporary status (like pre-settled or refugee status), your visa will be linked to theirs, and you will need to apply for extensions when they do.

Why Expert Legal Assistance is Essential for This Route

The Adult Dependant Relative visa has one of the highest refusal rates of any UK visa category. The evidential requirements are deliberately set at a very high bar and are interpreted extremely strictly by the Home Office.

Attempting this application without specialist guidance is highly likely to result in refusal, leading to significant financial loss and emotional distress. Our expert advisors will:

  • Provide an Honest and Detailed Assessment: We will conduct a thorough review of your circumstances and tell you frankly whether we believe you have a realistic chance of success.
  • Guide Your Evidence Collection: We will provide you with a precise, strategic checklist of the medical, financial, and country-specific evidence needed to build a compelling case.
  • Prepare a Professional Legal Submission: We will draft detailed legal representations to accompany your application, highlighting how you meet every aspect of the complex immigration rules.
  • Manage the Entire Process: We handle the entire application from start to finish, ensuring it is prepared to the highest possible standard to maximise your chances of a positive outcome.

UK Private Life Visa: Expert Legal Guidance for Long Residence & Human Rights Applications

The UK’s Private Life immigration route is a specific and complex pathway for individuals who have built a significant life in the UK over many years but may not qualify under other visa categories. These applications are based on a person’s human right to a private life, established through long residence and deep connections to the UK.

These are highly discretionary applications where the quality of your evidence and the strength of your legal arguments are paramount. Our team of specialist immigration advisors has extensive experience in handling complex Private Life applications. We provide a meticulous, compassionate, and strategic service to build the most compelling case possible, giving you the best chance of securing your future in the UK.

Who is Eligible to Apply on the Basis of Private Life?

You can only apply for this visa if you are already living in the UK. It is not a route for entry. The eligibility criteria are based on the length of time you have lived in the UK and your personal circumstances.

The 7-Year Child Residence Route

This is a critical route for children and young people. You can apply if you are:

  • Under 18 years old and have lived in the UK continuously for at least 7 years.
  • Crucially, you must also be able to show that it would be unreasonable for you to leave the UK and live in another country.

The ‘Half-Life’ Route for Young Adults

This route is specifically for young adults who have grown up in the UK. You can apply if you are:

  • Between 18 and 24 years old and have lived continuously in the UK for more than half of your life.

The ‘Very Significant Obstacles’ Route

This route is for adults who have established a life in the UK but have not yet reached 20 years of residence. You can apply if you are:

  • 18 or over and have lived in the UK for less than 20 years.
  • You must be able to prove that you would face “very significant obstacles” to integrating into the country you would have to return to. This is a very high legal threshold, requiring extensive evidence of your lack of ties to that country and the social, cultural, or linguistic barriers you would face.

The 20-Year Long Residence Route

This is a straightforward long residence category. You can apply if you:

  • Have been in the UK continuously for 20 years, regardless of whether your time here has been lawful or unlawful.

The Application Process and What to Expect

  • How to Apply: You must apply online from within the UK. The application requires extensive documentary evidence to prove your continuous residence and your integration into UK society.
  • Decision Timeline: Standard processing for Private Life applications is lengthy and can take around 12 months to receive a decision. A faster priority service may be available in some cases for an additional fee.

Your Journey in the UK: The Route to Settlement

The Private Life route is a pathway to permanent residence (Indefinite Leave to Remain), but the length of that journey depends on your circumstances.

  • The 5-Year Route to Settlement: If you are granted a visa under the 7-year child route or the ‘half-life’ route, you will be on a 5-year path to settlement. You will initially be granted leave for 2.5 years (or 5 years if you meet certain criteria), which you will need to extend to complete your 5 years before applying for Indefinite Leave to Remain.
  • The 10-Year Route to Settlement: If you are granted a visa under the ‘very significant obstacles’ route or were born in the UK to a parent on the private life route, you will be on a 10-year path to settlement. This involves multiple visa extensions (usually granted for 2.5 years at a time) before you are eligible to apply for Indefinite Leave to Remain.

Why Specialist Legal Representation is Crucial for Private Life Applications

Private Life applications are not simple box-ticking exercises. They are won or lost based on the quality of the evidence and the persuasiveness of the legal arguments presented. The concepts of “unreasonable to leave” and “very significant obstacles” are complex legal tests.

Our expert immigration advisors will:

  • Conduct a Thorough Assessment: We will meticulously review your UK residence history and personal circumstances to determine your eligibility and the strongest legal arguments for your case.
  • Develop a Strategic Evidence Portfolio: We will provide you with a detailed and strategic list of documents needed to prove your continuous residence, your integration into the UK, and the challenges you would face if you had to leave.
  • Draft Compelling Legal Representations: We will prepare a detailed legal submission to accompany your application, expertly arguing why you meet the specific requirements of the Immigration Rules and human rights law.
  • Manage the Entire Complex Process: We handle every aspect of your application, from form-filling to final submission, providing you with clarity and confidence during a long and anxious process.

UK Family Visa Document Checklist: A Complete Guide to the Evidence You Must Provide

A successful UK Family Visa application depends entirely on the quality and completeness of your supporting documents. The Home Office has incredibly strict and specific requirements for the evidence you must provide. A single missing document, an incorrectly formatted bank statement, or insufficient proof of your relationship can lead to a costly and devastating refusal.

This comprehensive guide outlines the essential information and evidence you need to prepare. To ensure your application is flawless, our team of specialist immigration advisors offers a meticulous Document Checking Service, providing you with the peace of mind that your application is prepared to the highest possible standard for success.

Core Information and Documents for Every Applicant

Every person applying for a Family Visa must prepare the following personal information and documents:

  • Personal Details: Your full name, date of birth, and nationality.
  • Current Passport: Your valid passport or other travel ID.
  • Previous Passports: Copies of the photo page and any pages with UK visas or entry stamps from all previous passports.
  • Immigration History: Details of any previous UK immigration applications you have made.
  • Criminal Convictions: You must declare any criminal convictions from any country.
  • Identity in the UK: Either your Biometric Residence Permit (BRP) or your eVisa share code if you are applying from within the UK.
  • Tuberculosis (TB) Test Certificate: A certificate from a Home Office-approved clinic if you are applying from a country where TB screening is mandatory.
  • Certified Translations: A full, certified translation of any document that is not in English or Welsh.

Proving the Financial Requirement: A Detailed Breakdown

This is the most complex part of the application and where most people make mistakes. You must prove you meet the specific financial requirement for your visa category, which is usually based on the income of the UK-based family member you are joining.

What Counts as Income?

The Home Office only accepts income from specific, prescribed sources:

  • Employment Income: Gross salary (before tax and National Insurance) from UK-based employment.
  • Self-Employment Income: Profit from self-employment or as a director of a limited company in the UK, evidenced by official tax documents.
  • Cash Savings: Any savings above £16,000 can be used, but the rules on how they must be held and for how long are extremely strict.
  • Pension Income: Gross annual income from a state or private pension.
  • Non-Employment Income: Income from sources like property rentals or share dividends.

Essential Evidence for Employment Income

If you are relying on your or your partner’s salary, you must provide a specific set of documents, including:

  • Payslips: Usually the last 6 months’ worth, dated up to the point of application.
  • Bank Statements: Corresponding bank statements showing the deposit of each of those payslips.
  • A Letter from the Employer: This is a crucial document and must be on headed paper, dated, and contain specific information, including the employee’s job title, salary, contract type, length of employment, and confirmation that the payslips are genuine.

The rules for proving self-employment income or combining different income sources are even more complex and require specialist guidance to navigate successfully.

Proving Your Relationship is Genuine and Subsisting

For partner and spouse applications, you must provide strong evidence that your relationship is real and ongoing. The Home Office wants to see official, third-party documents that link you together.

  • How You Met and Your Relationship History: You will need to provide a detailed account of your relationship.
  • Evidence of Living Together: Documents like council tax bills, utility bills, or a tenancy agreement in joint names are excellent proof.
  • Shared Finances: Statements from a joint bank account are highly persuasive.
  • Details of Previous Relationships: You must declare any previous marriages or civil partnerships and provide legal evidence that they have ended, such as a decree absolute (divorce certificate).

Providing Information About Children

You must provide details for all children involved, even if they are not applying for a visa with you. This includes:

  • Their full name, date of birth, nationality, and passport details.
  • Information on who the child normally lives with.
  • Details of anyone else who holds parental responsibility for the child.
  • A description of your involvement in their daily life and any formal access arrangements.

Why Professional Document Checking is Your Best Investment

The evidential requirements for a UK Family Visa are not just a checklist; they are a complex set of rules where the format, date, and content of every single document matters.

Our expert Document Checking Service will:

  • Provide a Personalised Checklist: We give you a detailed list of the exact documents you need for your specific circumstances.
  • Meticulously Review Every Page: We check every payslip, bank statement, and letter to ensure it meets the strict Home Office standards.
  • Prevent Common Mistakes: We identify and rectify common errors that lead to automatic refusal, such as incorrect financial calculations or missing information in an employer’s letter.
  • Give You Complete Confidence: Submit your application with the peace of mind that your evidence is flawless.

UK Family Visa English Language Requirement: Your Complete Expert Guide

Demonstrating your knowledge of the English language is a mandatory requirement for most UK Family Visa applications, including the spouse, partner, and parent routes. The rules are specific, and failure to provide the correct evidence in the right format will lead to an automatic refusal of your application.

Our team of specialist immigration advisors provides clear and accurate guidance on every aspect of the English language requirement. We will help you determine if you need to take a test, which test to take, and what level you need to achieve, ensuring this critical part of your application is handled perfectly.

Who is Exempt? When You Do NOT Need to Prove Your Knowledge of English

Before you book a test, it’s essential to check if you are exempt from the requirement. You do not need to prove your knowledge of English if:

  • You are a child applying as a dependant.
  • You are an adult coming to be cared for by a relative (the Adult Dependant Relative route).
  • You are over the age of 65 at the time of your application.
  • You have a long-term physical or mental condition that prevents you from meeting the requirement (this requires specific medical evidence).
  • You are a national of a majority English-speaking country. This includes nationals from:
    • Antigua and Barbuda
    • Australia
    • The Bahamas
    • Barbados
    • Belize
    • Canada
    • Dominica
    • Grenada
    • Guyana
    • Jamaica
    • Malta
    • New Zealand
    • St Kitts and Nevis
    • St Lucia
    • St Vincent and the Grenadines
    • Trinidad and Tobago
    • USA

How to Prove Your Knowledge of English: The Two Main Pathways

If you are not exempt, there are two ways you can meet the requirement. Our experts can help you decide which is the best and most cost-effective option for you.

Pathway 1: Using an Academic Qualification

You can use a degree-level qualification to meet the requirement if it was taught or researched in English.

  • If you have a UK degree: You simply need to provide your degree certificate.
  • If you have a degree from outside the UK: This is a two-step process. You must first apply to the designated UK body, Ecctis, for a formal assessment. Ecctis will provide you with two crucial confirmations:
    • That your degree is academically equivalent to a UK Bachelor’s degree or higher.
    • That it was taught in English to the required standard.
      You must have this official confirmation from Ecctis before you submit your visa application.

Pathway 2: Taking an Approved English Language Test (SELT)

This is the most common route for many applicants. It is crucial that you book the correct test at a Home Office-approved Secure English Language Test (SELT) centre.

For Your First Visa Application (Entry Clearance or First Application in the UK):

  • Required Level: You must pass a test in speaking and listening at a minimum of Level A1 on the Common European Framework of Reference for Languages (CEFR) scale.
  • Smart Tip: We often advise clients to take a test at Level A2 or B1 if they feel confident. Passing a B1 level test from the start means you can reuse the same certificate for all future applications, including your extension and your final settlement application, saving you time and money.

For Your Visa Extension (after your first 2.5 years in the UK):

  • Required Level: For your second visa application, you must show you have progressed. You will need to pass a speaking and listening test at a minimum of Level A2 on the CEFR scale.
  • If you already passed a higher level test (A2 or B1): You can simply reuse your original test certificate, provided it has not been withdrawn by the test provider.

Frequently Asked Questions (FAQ) – English Language Requirement

Q: I have a Master’s degree from my home country that was taught in English. Is that enough?
A: Not on its own. You must first get it officially assessed by Ecctis to confirm its academic equivalency and that it meets the English language standard. We can guide you through the Ecctis application.

Q: Where can I find a list of approved test centres?
A: The UK government’s official website (GOV.UK) provides a full list of approved Secure English Language Test providers and their approved test centres around the world. It is essential you only book a test from this list.

Q: I am applying to extend my partner visa and I am now over 65. Do I need to take the A2 test?
A: No. As you are now over 65, you are exempt from the English language requirement for your extension application, even if you had to meet it for your first visa.

Don’t Let a Simple Test Jeopardise Your Application

The English language requirement is a simple rule to follow, but a simple mistake can lead to an automatic refusal. Our expert advisors ensure this never happens. We will:

  • Confirm if you are exempt from the requirement.
  • Advise you on the most efficient way to meet the requirement, whether through a degree or a test.
  • Ensure you book the correct test at the correct level at an approved centre.
  • Review your certificate to ensure it meets all the necessary criteria before your application is submitted.

After You Apply for a UK Family Visa: The Next Steps, Your Decision, and Life in the UK

You have meticulously prepared your evidence, completed the lengthy online form, and submitted your UK Family Visa application. This can be an anxious waiting period, and understanding what happens next is crucial. This guide explains the final steps of the process, from your biometric appointment to receiving your decision and understanding your rights and responsibilities in the UK.

Our team of specialist immigration advisors provides support throughout this final stage. We ensure you are fully prepared for your appointment and can help you interpret your decision, providing clarity and peace of mind at the end of your application journey.

The Biometric Information Appointment: The Final In-Person Step

After you have submitted and paid for your online application, you are not yet finished. You must attend a mandatory in-person appointment to provide your biometric information.

  • What is it? This is a straightforward appointment where you will have your fingerprints scanned and a digital photograph taken.
  • Where do you go?
    • If you applied from outside the UK, you will attend a Visa Application Centre (VAC).
    • If you applied from within the UK, you will attend a UK Visa and Citizenship Application Services (UKVCAS) service point.
  • Booking Your Appointment: You will be directed to book your appointment online after you have submitted your application form. You must attend this appointment for your application to be processed.
  • Submitting Your Documents: This appointment is also your final opportunity to submit your supporting documents, which can usually be scanned by a member of staff at the centre.

Waiting for Your Decision: Timelines and Staying Informed

Once your biometric information is enrolled, your application is officially under consideration by a UK Visas and Immigration (UKVI) caseworker. Standard processing times can vary, but you can typically expect a decision within:

  • 12 weeks if you applied from outside the UK.
  • 8 weeks if you applied from inside the UK (for standard cases).

These timelines can be longer for more complex applications. We will keep you informed of any updates we receive on your behalf from the Home Office.

Needing Your Passport Back Urgently?
If you have submitted your passport and need it back for urgent travel while your application is being processed, it is possible to request its return. However, be aware that doing so may require you to withdraw your entire visa application, so this step should only be taken after careful consideration and, ideally, after seeking professional advice.

Your Application is Successful: What Happens Next?

Receiving a positive decision is a moment of immense relief and excitement. The way you receive your visa has recently been modernised.

  • You Will Receive an eVisa: For most applications, you will no longer receive a physical Biometric Residence Permit (BRP) card. Instead, you will get an eVisa, which is a secure online record of your immigration status.
  • Your Decision Letter: You will receive a decision email or letter from the Home Office. This is a critical document that will contain instructions on how to access your new eVisa.
  • Creating a UKVI Account: To view and manage your eVisa, you will need to create a secure UKVI (UK Visas and Immigration) account. Your eVisa can be used to prove your right to live, work, and rent in the UK.

Your Rights and Conditions of Stay in the UK

Once your Family Visa is granted, you will have specific rights and responsibilities in the UK.

You CAN:

  • Work: You have the right to work in the UK in almost any job, for any employer.
  • Study: You are free to enrol in courses of study.

You CANNOT:

  • Claim Public Funds: You are generally not entitled to claim most benefits or housing assistance. This is a very important condition of your visa.
  • Settle Immediately: You cannot apply for settlement (Indefinite Leave to Remain) until you have completed the required qualifying period, which is typically 5 years on a partner or parent route.

Special Conditions for Fiancé(e) Visa Holders

If you have been granted a 6-month Fiancé(e) Visa, your conditions are much more restrictive. You cannot work or study in the UK. After you have married or entered into a civil partnership, you must apply to switch to the full 5-year partner route to gain the right to work and begin your path to settlement.

Your Journey with Us Doesn’t End at the Decision

Our commitment to you continues even after your visa is granted. We can help you:

  • Understand your decision letter and access your eVisa.
  • Plan for your future visa extension and settlement applications.
  • Answer any questions you have about your rights and life in the UK.

Don’t navigate this complex journey alone. Contact our specialist family visa advisors today for a consultation and take the first step towards reuniting with your loved ones in the UK.

About the Author:
Farzad Ghods is an international lawyer specialising in UK immigration law. He is regulated by the Solicitors Regulation Authority (SRA) and the Immigration Advisors Authority (IAA) in the United Kingdom, and is also a member of the Iran Bar Association. He brings over fourteen years of professional legal experience to his practice.