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It is strange that both the families spend lot of money on marriage ceremony, jewelry and clothing etc yet applies for spouse visa without proper legal advice in order to save some money and resultantly there are substantial delays or refusals.

Requirements for leave to enter the United Kingdom with a view to settlement as the spouse appears to be very straight forward but still many cases are rejected due to lack of evidence in respect of each of the requirements which are as under:

1. Applicant applying for spouse visa is married to a person who is present and settled in UK and either party is not under the age of 21years

2. The applicant fulfills English language requirement

3. The applicant does not have one or more unspent convictions within the meaning of the Rehabilitation of Offenders Act 1974

4. The parties to the marriage or civil partnership have met

5. Each of the parties intends to live permanently with the other as his or her spouse and the marriage is subsisting

6. There will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively

7. The parties will be able to maintain themselves and any dependants adequately without recourse to public funds.

Indefinite Leave to enter where after marriage parties are living outside UK for 4 years
There are situations where a British national is married to a Pakistani national and both are living together in Pakistan for 4 years and more. If they decide to relocate to UK then Pakistani spouse can straight away apply for indefinite leave to enter provided both English language and Life in UK requirement are fulfilled.

However, if Pakistani spouse has fulfilled none of above than visa for 27 months would be issued meaning thereby no English language requirement for entry clearance. Later Pakistani spouse can apply for indefinite leave after fulfilling both the conditions without completing qualifying period in UK.

 

 

 

 

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