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Changes made effective from July 2013 now require all US residents who wish to apply for a UK settlement visa as a fiancee, partner or spouse of a British Citizen or UK legal permanent resident to send their applications and supporting documents to the UK Border Agency in Sheffield. Before July, these applications would be made to the British Consulate General in New York who would then forward them to UKBA Sheffield, but the New York office is no longer involved in processing UK marriage visas.

The UKBA office in Sheffield only deals direct with UK settlement visas; these include marriage visas, fiancee visas, spouse/civil partnership visas and unmarried partner visas. Non-settlement visas, for example EEA family permits or visitor visas are still dealt with via the British Consulate in New York. It is also important to note that the UKBA Sheffield is only currently dealing with settlement visa applications from residents of the United States of America as well as non-priority cases from Canada, and Nigeria.

Because the applicant is now responsible for sending the application forms and all supporting documents directly to Sheffield, certain responsibilities now fall on them that were previously the remit of the British Consulate in New York. Original passports and originals of supporting documents must be sent and so the applicant for a UK marriage visa must ensure that they include in the package a completed pre-paid return shipping waybill so that the paperwork can be returned as soon as the UKBA comes to a decision. This waybill must be for the purpose of international shipping. It is advisable to keep the tracking number in a safe place and extra insurance is also advisable. Obtaining replacement documents if any are lost can put a lot of expense onto the shoulders of an applicant. A courier fee which was charged by the British Consulate in New York is replaced by this waybill.

The decision in July 2012 the UK Border Agency (UKBA) to introduce a minimum income requirement for anyone wishing to sponsor a foreign partner, fiancee or spouse to enter the country on a UK settlement visa was widely criticised. It was not just the levels at which this threshold was set but the basic principle that outraged immigration charities and much of the public generally. The minimum income threshold was set at £18,600 for one applicant, with additional sums being required for every additional child. Because this was seen as having a serious adverse effect on family life and general liberties, three individual cases were brought before the High Court. The question at issue was whether the new rules were unlawful and discriminatory.

The High Court judgement which was released to the public in July 2013 was clear that it could not strike down the financial rules as they were not in essence unlawful, but they did recommend a more affordable minimum income threshold of £13,000 for one person as being a more reasonable level and nearer to the median income in the UK. As in all cases sent to the High Court, the Home Office in the person of Theresa May was given leave to appeal.

Until the High Court judgement on the appeal, which was filed on 26 July 2013, is announced, the UK Border Agency (UKBA) will continue to put UK marriage visa applications on hold. Fiancee, spouse/partner and child settlement visa applications will be affected but only where the decision would have been refused on financial grounds alone. Anyone affected will be informed as soon as possible. The UK Border Agency have made it clear that anyone needing to retrieve their passport during this holding period will have to reapply in the normal way.

The High Court judgement was given a cautious welcome by critics of the new financial rules but it is by no means certain what will be the outcome of the Home Office’s appeal. The strong message from the High Court that the minimum income threshold should be reduced may well be taken on board by the UKBA no matter what the new judgement turns out to be but meanwhile, with no date for judgement currently available, many visa applications remain on hold awaiting a decision.

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Recent changes to UK immigration rules affecting fiancee, partner and marriage visa applications made under settlement category

A number of changes to the UK settlement visa application process came into effect on 9th July 2012. The changes to the UK immigration Rules apply to individuals from outside the European Economic Area wishing to join their settled partner in the UK on a marriage, fiancee or de facto partner visa. The new threshold amount for sponsoring a foreign partner with no children is £18,600 (the level at which a couple would not receive income related benefits in the UK). If a foreign fiancee, partner or spouse has one dependent that is being sponsored for a settlement visa at the same time as the main applicant this amounts to a total of £22,400 (£24,800 for two children, £27,200 for three et cetera).

It is the view of many UK immigration professionals that the government has made the visa application process needlessly complex. It has been reported that many couples struggle to meet the new minimum income threshold criteria which results in an increased number of UK settlement visa applications being refused on financial grounds. The UK Border Agency officials have been instructed to refuse an incomplete application without reference to the applicant or their sponsor. The documents provided at the time of submission are the only documents that will be considered. In most cases the UK Border Agency will not accept any additional supporting documentation sent later in the process by post, email or fax unless specifically requested by the examining entry clearance officer (ECO) in order to make a final determination of eligibility.

Other changes are equally harsh and many people will fall foul of the new stringency as anyone applying who is unprepared to meet the new guidelines on revised language, the Life in the UK test or other requirements. The two year marriage or relationship rule has now been extended to five years. In some cases this will mean that the UK family immigration process will become so long and costly. If for some reason an applicant fails to fill in forms correctly or cannot meet the new more stringent qualification requirements, the visa application, whether a partner visa, a UK marriage visa or a fiancee visa made under settlement category, will be automatically refused. The UK Border Agency has instructions to follow the new guidelines to the letter and in many cases this will result in a perfectly genuine case with some relevant supporting documents missing being refused on financial or other grounds.

Most people working in the field of immigration administration agreed before 9th July 2012 that there was a very real need for changes to be made to the regulations overseeing visa applications to the UK. However, few expected that these changes would make things much worse for prospective immigrants who were trying to join a family member already settled in the country. The rules have been tightened to such an extent that even a very devoted family will now find it difficult to live together in Britain.

With these changes in mind, it is certainly fair to say that compiling the required paperwork for a UK settlement fiancee, partner or marriage visa application can be very stressful, especially when a foreign applicant and their UK sponsor have no experience dealing with the immigration authorities. With immigration law becoming ever more complicated, MarriageVisaHelp.com decided to stay dedicated to gaining marriage visas in order to deliver the best possible service in this complex field. Professional visa consultants understand the issues faced by couples and families who wish to reunite in the UK, and the challenges of the British immigration system.

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An American mother living in Scotland has been given bittersweet news this Christmas.

Angela Faye Smith, 41, had been facing deportation following the breakdown of her marriage and an unsuccessful visa application. Ms Smith, who had initially entered the UK on a marriage visa, had been informed that she would need to leave the UK on 13th December as her application had been rejected and, as she did not have possession of her two children’s passports, she would have to leave them both in the UK when she was made to return to the USA.

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One of the most frequently asked questions our clients ask is “How long does it typically take to obtain a UK settlement visa?” We are pleased to provide the most up-to-date information regarding the current processing times for fiancée, partner and marriage visa applications at some UK visa-issuing posts abroad that our office deals with on a regular basis.

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Home Secretary Alan Johnson has recently been in talks with the UK Border Agency to look at ways in which the proposed identity card scheme for foreign nationals may be speeded up.

The current plans see all foreign nationals requiring compulsory identity cards within three years, meaning that any person from outside the European Economic Area wanting to live and work in the UK for more than six months will have to go through the rigorous process of obtaining an identity card, which includes both personal and biometric information.

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Recent changes to the fee structure of both onshore and offshore UK visa applications came into effect on Monday 6th April 2009, having initially been announced in February, and apply to all applicants looking to visit, work or stay in the UK, including fiancee, partner and marriage visa applications.

These fee changes are in direct response to the review conducted by the Foreign and Commonwealth Office regarding consular and visa services, with a general consensus reached that those that use the service should be covering the associated costs. Foreign Office Minister Gillian Merron explained, “It is right that those who benefit from consular services should meet the cost of them, rather than the UK taxpayer. The new fees represent the full economic cost of what we do, and will ensure that British missions continue to provide a high standard of service to consular customers.”

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The Knowledge of Life test for those visa applicants of all categories, including UK marriage visas and partner visa applications, has just got a little bit stricter.

While the test itself is, in many ways, a continuous work of changes and amendments in response to the changing face of life in the UK, an announcement made on 19th March 2009 has highlighted the necessity for UK visa applicants of all categories to pass the Knowledge of Life test before settlement can be granted.

This is a core change to the current visa application process because, prior to this announcement which came into affect on 31st March 2009, some UK settlement visa applications that met all the relevant requirements except the Knowledge of Life test were able to be automatically considered for limited leave to remain to be granted in the same category, with the difference in monetary fees being refunded.

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One of the most frequently asked questions our clients ask about the UK settlement visa application process is “How long does it typically take to obtain a visa?” We are pleased to provide you with the most up-to-date information on the current processing times. The table shown below represents cases that have been approved within the last two months.

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