Spouse or Civil Partner visa
The Spouse or Civil Partner Visa is for partners of British citizens or persons settled in the UK.
In order to qualify for a Spouse or Civil Partner visa you will need to meet the following requirements:
- Your partner is British or holds Indefinite Leave to Remain;
- You are both over the age of 18;
- You have met in person and are legally married or in a civil partnership;
- Your relationship is genuine and you intend to live together permanently;
- Any previous relationships have broken down permanently;
- You will be adequately maintained in the UK without recourse to public funds;
- There is adequate accommodation for you and any dependents;
- You speak and understand English to the required level.
To satisfy the financial requirement, you need to provide evidence of £18,600 gross yearly income (depending on the circumstances it may be a combined income of both your sponsor and your own OR it can only be your sponsor’s income). If your child(children) who are not British or Settled in the UK are also applying for the visa, there is a need for an additional gross yearly income of £3,800 for your first child and £2,400 for each next child. Applicants must provide specific (i.e. mandatory) evidence in order to prove that they meet the financial requirement. Immigration rules relating to the financial requirements for Spouse and Civil Partner visas are complex, especially when the income is from other sources than employment and/or you intend to rely on a combined income from different sources.
The Spouse or Civil Partner’s visa is based on your relationship and if your relationship breaks down the basis of your visa no longer exist and your visa may be curtailed (i.e. cancelled) by the Home Office.
This visa leads to settlement normally after 5 years continuous residence in the UK.
Unmarried Partner or Same Sex Partner visa
The Unmarried Partner or Same Sex Partner visa is for long term partners of British citizens or persons settled in the UK, who wish to join, or stay with their partner in the UK.
In order to qualify for an Unmarried Partner or Same Sex Partner visa you will need to meet the following requirements:
- Your partner is British or holds Indefinite Leave to Remain;
- You are both over the age of 18;
- You have met in person and have lived together in a relationship akin to marriage or civil partnership for at least 2 years;
- Your relationship is genuine and you intend to live together permanently;
- Any previous relationships have broken down permanently;
- You will be adequately maintained in the UK without recourse to public funds;
- There is adequate accommodation for you and any dependents;
- You speak and understand English to the required level.
Unmarried Partners and Same Sex Partners need to provide evidence of cohabitation for at least 2 years prior to application. Examples of the documents that can be provided are utility bills, council tax bills, tenancy agreement, mortgage agreement, joint bank account etc. The evidence should be equally spread over the 2 year period and be from different sources.
To satisfy the financial requirement, visa applicants need to provide evidence of £18,600 gross yearly income (depending on the circumstances it may be a combined income of both your sponsor and your own OR it can only be your sponsor’s income). If your child(children) who are not British or Settled in the UK are also applying for the visa, there is a need for an additional gross yearly income of £3,800 for your first child and £2,400 for each next child. Applicants must provide specific (i.e. mandatory) evidence in order to prove that they meet the financial requirement. Immigration rules relating to the financial requirements for an Unmarried Partner or Same Sex Partner visas are complex, especially when the income is from other sources than employment and/or you intend to rely on a combined income from different sources.
The Unmarried Partner or Same Sex Partner visa is based on your relationship and if your relationship breaks down the basis of your visa no longer exist and your visa may be curtailed (i.e. cancelled) by the Home Office.
This visa leads to settlement normally after 5 years continuous residence in the UK.
Fiancé or Proposed Civil Partner visa
The Fiancé(e) or Proposed Civil Partner visa is for engaged partners of British citizens or persons settled in the UK who wish to marry or enter into a civil partnership within 6 months of arriving in the UK. Your visa will be granted for 6 months.
Fiancé or Proposed Civil Partner visa does not give you the right to work in the UK. After the marriage or civil partnership ceremony, you will be able to apply for a Spouse or Civil Partner visa, which does give you the right to work.
In order to qualify for a Fiancé(e) or Proposed Civil Partner visa, you will need to meet the following requirements:
- Your partner is British or holds Indefinite Leave to Remain in the UK;
- You are both over the age of 18;
- You have met in person;
- You are both free to marry or enter into a civil partnership;
- Your relationship is genuine and you intend to live together permanently in the UK;
- You intend to marry or enter into a civil partnership within six months of your arrival in the UK;
- Any previous relationships have broken down permanently;
- You will be adequately maintained in the UK without recourse to public funds;
- There is adequate accommodation for you and any dependents;
- You speak and understand English to the required level.
To satisfy the financial requirement, you need to provide evidence that your sponsor has £18,600 gross yearly income. If your child(children) who are not British or Settled in the UK are also applying for the visa, there is a need for an additional income of £3,800 for your first child and £2,400 for each next child. Applicants must provide specific (i.e. mandatory) evidence in order to prove that they meet the financial requirement. Immigration rules relating to the financial requirements for a Fiancé or Proposed Civil Partner visas are complex, especially when the income is from other sources than employment and/or you intend to rely on a combined income from different sources.
Adult Dependant Relative (ADR) visa
The Adult Dependant Relative (ADR) visa is for non-EEA adult dependent relatives of British citizens in the UK, persons settled in the UK, or persons in the UK with refugee leave or humanitarian protection status, who wish to settle here. The application must be filed from outside of the UK. When the visa is granted the applicant will receive settlement rights in the UK.
The applicant’s relationship to British citizen/ILR holder must be:
- parent aged 18 years or over;
- grandparent;
- brother or sister aged 18 years or over; or
- son or daughter aged 18 years or over of a person (“the sponsor”) who is in the UK
Requirements:
- The applicant must, as a result of age, illness or disability, require long-term personal care: that is, help performing everyday tasks, e.g. washing, dressing and cooking;
- The applicant must be unable, even with the practical and financial help of the sponsor, to obtain the required level of care in the country where they are living because it is not available and there is no person in that country who can reasonably provide it or because it is not affordable; and
- The Entry Clearance Officer (ECO) must be satisfied that the applicant will be adequately maintained, accommodated and cared for in the UK by the ‘sponsor’ without recourse to public funds (i.e. without relying on the support of the UK state). If the sponsor is a British Citizen or settled in the UK, they must sign a 5-year undertaking to that effect, at the entry clearance stage.
The requirements set out in the immigration rules for ADR visa are extremely difficult to meet. In most cases the applicants are unable to prove that care cannot be provided in their country of residence. There are, however, cases when applicants may be able to meet the criteria and it is important to assess each case individually.
Meet the team
Andrew Firman is a partner in our corporate & commercial team. His corporate practice concentrates on buying and selling mainly owner-managed SMEs and associated advice on contractual and banking documentation work. His employment practice covers all aspects of contentious and non-contentious work for both employers and employees. His charity practice majors on compliance and amalgamation matters.
Transactions
In his work, Andrew looks for proactive and pragmatic solutions derived from a proper understanding of the client’s perspective and against the background of the commercial constraints.
Career highlights include
- running a David v Goliath style battle for a former employee of a US based bank related to the late vesting of share options following that employee’s termination at a time when the US markets were in freefall
- negotiating, finalising and drawing down for an off-shore SPV borrower at £310M facility to buy a group of companies which owned, as an investment, the London HQ of a multinational corporation
- reaching settlement terms on a long running shareholders’ dispute concerning a company running a niche members’ gym in a close knit area of London
More recently, Andrew has advised upon
- the purchase of owner-managed companies across a number of different sectors by a leading SME investor, incentivising existing management via equity and loan note positions in the purchasing entity
- sale by owner managers of a London based estate agency business with multiple sites, whilst preserving the sellers’ ability to continue business activity in the sector
- sale of SPV off shore companies holding UK property assets
- multi facility refinancing of a major UK specialist facilities maintenance company with asset based receivables, property, cashflow and recovery loan scheme elements
- the negotiation and documentation of departure terms for the CEO pioneer of a cutting edge national charity
- the position of a charity trustee in connection with disqualification proceedings and interim manager appointment by the Charity Commission in respect of two charitable trusts
Andrew has over the years enjoyed advising many owner-managed SMEs on the range of their needs for commercial, employment and dispute related legal advice, something for which the firm has received increasing recognition through awards, repeat and new business which in turn goes to the depth of the relationships the firm has with its clients and its target market in terms of size of business clients.
Andrew was educated at Nailsea School and holds degrees in law from Manchester and Leicester Universities. He qualified as a solicitor in 1995. He is a co-author of a Practical Guide to Drone Law.
Away from the office Andrew, married to a local GP and of occasional use to his three children, enjoys running and cycling and being involved in various ways in his local church and the fantastic community that is SE24.
Carmen is a paralegal with over 10 years experience in law. Her calm and efficient manner ensures matters are dealt with as quickly and cost effectively for clients as possible.
Carmen provides general support to fee earners and Partners within Company Commercial and Immigration teams. She assists in the day-to-day functions of the Immigration team including all aspects of casework and assisting in the preparation of applications. Under direct supervision, Carmen acts as a caseworker on straightforward cases, and supports solicitors in more complex matters. She reviews client queries and drafts responses for review by solicitors and prepares documentation for application under a wide range of visa routes with great skill. As part of the Company Commercial team, she has reviewed share purchase agreements, drafted escrow agreements, prepared bundles for mediation and recently attended a successful mediation meeting over a contract dispute.
She holds degrees in Airline and Airport Management (First-Class Honours), and International Politics and Economics (2:1).
Outside of work, Carmen plays the piano, enjoys trying new activities (the latest being paddle boarding) and is an active church member.
Katarzyna (Kate) Boguslawska qualified as a solicitor in 2006 and is a Partner in our corporate and commercial department.
Kate’s clients range from start-up owners through to SMEs and some global main-players who need advice on business-related matters. These range from advice on employment and company matters to contract drafting and disputes. Kate understands her clients, their needs and goals. Her clients often praise her pragmatic approach and tailored practical advice.
Employment
In her employment practice Kate:
- drafts contracts, handbooks and company policies
- provides regular Employment/HR Advice
- negotiates contracts
- drafts and negotiate settlement agreements
- helps to navigate through TUPE, restructure and redundancies
- advises and represents in claims for unfair dismissal, discrimination, breach of contract, unlawful deduction from wages, etc
- advises on injunctive relief and restrictive covenants
Notable employment work included:
- advising a well-known English designer in company restructure and redundancies;
- advising employers and high net worth individuals on settlement agreements and severance packages;
- regular HR advice to a number of company clients;
- advising media company on contracts and issues relating to confidentiality, IP and restrictive covenants;
- representing high earning claimants in ‘Stress at Work’ personal injury matters.
Commercial
In her commercial and company practice Kate:
- advises on suitable business entities and company formation;
- advises on company and directors’ duties;
- drafts necessary company documents including amended articles and resolutions;
- drafts and negotiates contracts and shareholders’ agreements;
- advises on shareholders disputes.
Notable commercial work included:
- advising and representing foreign companies establishing business in the UK;
- advising companies on matters involving directors’ duties and shareholders’ disputes;
- advising a Polish PLC on contract matters and negotiating on its behalf with an English PLC;
- representing an international cosmetics company in injunctive relief and restraint of trade matters;
- representing hauliers in representations against Border Force and HMRC in excise duty matters;
- advising EU nationals on immigration issues, residency and citizenship applications in the UK.
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Kate has strong links in the Polish community and is recommended by the Polish Embassy in London, having co-written a Guide for Polish Investors in the UK that was published by the Embassy. She has a broad network of international connections and has been instructed by law firms in Poland to assist their clients in matters involving English jurisdiction.
Listen to Kate’s podcast
Property
- Commercial property transactions
- Purchase and sales of commercial properties
- Grants of commercial leases
- Property aspects of M&A transactions
Immigration
- Over 40 years working in all areas of immigration and nationality
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Robert studied Business Management before converting to Law and attending the College of Law in London. Robert qualified as a Solicitor in 1983.
Before qualifying as a Solicitor in March 1983, Robert worked as a property agent and played football at a semi-professional level.
Robert has earned himself the reputation of being both commercial and caring in his approach to clients.
He is a member of the Immigration Law Practitioners Association and The Lawyers Christian Fellowship.
Robert speaks Armenian and Farsi.