Family visas

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

Solicitor - Commercial

Aleksandra is a Solicitor in the Commercial team. She joined the firm in April 2017 with 10 years’ experience working in law firms, advocates’ offices and non-governmental organisations in Poland and in the UK. Having originally qualified in Poland, Aleksandra is a dual-qualified lawyer with a highly varied practice and she is experienced in matters including immigration, criminal, civil and cross-jurisdictional cases.

Aleksandra regularly advises companies and high net worth individuals on Tier 1, Tier 2 and Sole representative of an overseas business applications, and advises EEA nationals on permanent residence, naturalisation, and EEA family permit applications.

Her practice has also involved representing Polish and international companies establishing businesses in Poland and in the UK, drafting and negotiating contracts and advising on suitable business entities and company formation.

Aleksandra also works closely with the firm’s Private Client department and is involved in administration of estate and preparing wills and powers of attorney.

Aleksandra graduated from the University of Gdansk with a master’s degree in Law, before qualifying as an advocate and has also achieved degrees in EU law and American law. Away from the office, Aleksandra enjoys fitness, classical music and learning languages.

Aleksandra is a member of the Immigration Law Practitioners’ Association.

020 7406 1000 - AleksandraKowalska@cartercamerons.com
Partner - Employment

Andrew Firman is a partner in our corporate & commercial team. His employment practice covers both contentious and non-contentious work for both employers and employees. His corporate and banking practice concentrates on contractual and advice work given mainly to SMEs and charities. Additionally, he advises both individuals and businesses on a range of immigration 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

More recently, Andrew has advised upon

  • the sale of a leading clinician–led healthcare consulting and IT services group to a global technology and services company specialising in the healthcare field
  • the restructuring and relocation of a nutritional supplements business within the UK
  • settlement of a long running shareholders dispute concerning a company running a niche members’ gym in a close knit area of London
  • finalisation of the UK legal aspects to a cross border merger with an Italian company
  • the negotiation of departure terms for the CEO of a leading interdealer broker

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.  He is delighted that the firm has recently received recognition through the award by Acquisitions International of “UK Most Trusted Law Firm of the Year to SMEs 2013” because it 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 teenage children, runs and is heavily involved in his local church.

020 7406 1000 - AndrewFirman@cartercamerons.com
Partner - Corporate

Katarzyna (Kate) Boguslawska 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.

More…

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.

020 7406 1000 - katarzynaboguslawska@cartercamerons.com

Do you have a question?

If you would like to see full details of our data practices please visit our Privacy Policy and if you have any questions please email privacy@cartercamerons.com.