Administrative Review
An Administrative Review (AR) is a review or reconsideration of your immigration application following refusal of the same by the Home Office, UKVI.
Family & Private life experts
You don’t need to have all your evidence as you will be given time to gather your documents ready for the appeal hearing which is likely to take place several months later.
Administrative review law
What we offer help in:
- Advising clients about the salient requirements, merits and processes of their required visa
- Offering up-to-date information about the required documents
- To help clients with drafting the application so that it remains flawless
- Assisting clients in completing and submitting the application
- Any communication with the Home Office or replies that are to be sent to the relevant department will be carried out by us on behalf of our client
- To keep our clients informed about the advancements in their application’s status or any abrupt/sudden changes in visa process or requirements
- Representing clients in all aspects of immigration
- You must remember that only a specialist immigration law solicitor can guide you in the right direction. This is why it is so important to seek help from legal advisors at Fadiga & Co for any Family and Private Life Applications matters.
What is Family and private life?
Under the article 8, the relationships that establish Family and Private Life are Close Family Relations and Wider Family Relations.
Close Family Relation
This category includes the following relations
- Husband-Wife
- Civil Partners
- Same Sex Partners
- Unmarried Partners
- Parent(s)-Child
- Adopted Child
- Under the immigration rules, unmarried or same
- sex partners must have at least two years long relationship prior to applying for Family and
- Private Life Applications .
- Wider Family Relations
- Grandparents
- Grandchildren
- Uncle-Aunt
- Nephew-Niece
- Sibling(s) (adults)
- Parent(s)-adult children
- Foster Families
Points to Remember
- Family Life is generally established among close relatives especially where children are involved
- Evidence of relationship is a mandatory requirement in both close relations and wider relations
- The extent and strength of emotional ties and dependency determined the scope of Family Life
VISA APPLICATIONS THAT FADIGA & CO FACILITATES
- Fiancé(e) Visa or Prospective Marriage Visa:
- An individual having Settled Status in the UK is allowed to bring his/her fiancé to the country.
- Settles refers to the individual possessing zero immigration restrictions on the length of his/her stay and happens to be ordinarily a UK resident
Fiancé visa and prospective marriage visa are both the same thing - This visa category is different from other partner visas because there is no requirement for the applicant or the sponsor to have lived together prior to applying
- In case you are a UK citizen and returning to the country to reside, you may apply for your fiancée/fiancé to join you
Individuals wishing/planning to marry British national/permanent resident of UK can also apply for this visa
Requirements of Fiancé/Fiancée VisaThe eligibility criteria for this visa are as follows:
- The sponsor and application must aim to get marries within 6 months
- Sponsor and applicant must have met each other
- Their intention should be to live together on a permanent basis
- Any of the partner must/should be able to support the other without needing to access public funds
- Accommodation should be available
Civil Partner Visa or Same Sex Visa
- A legally recognised relationship that is registered between two people of the same sex is known as a civil partnership.
- Same sex couples who have registered for a civil partnership will be entitled to receive same treatment in wide range of legal matters as opposite-sex couples do after getting married.
- With civil partner visa, a person involved in a same-sex relationship (who isn’t an EEA national) will be allowed to get settled in the UK with their UK/EEA national partner.
- To enter the country, you need entry clearance prior to your arrival
To qualify, you need to prove that:
- Both the partners are above the age of 18 years
- Both are in a committed relationship
- Both have met with each other
- The relationship should be monogamous
- The sole intention of applying is to live together and establish permanent home
- To provide evidence of available accommodation for both the partners is important
- It is also important to demonstrate that you or the partner are not financially dependent on public funds. The partner who is settled in the UK ( the sponsor) must meet the financial requirement. He must earn at least £18,600 per annum or have adequate savings to make a living
Spouse Visa or Marriage Visa
- It is also called UK marriage visa
- It allows married partners of people settled in the UK to join their partner in the UK
- It is important that the sponsor is Settled in the UK
To qualify you need to meet the following requirements:
- You or spouse should be 18 years old or above
- Both should have met each other
- Both should be legally marriage (arranged marriages are not considered)
- Intention should be to live together permanently
- Any of the partner should be financially reliable and able to support the other without claiming for public funds
- Sponsor must earn at least £18,600 annually or have enough savings to provide for the spouse and any dependents
- Suitable accommodation must be available
- English language requirements should be satisfied
Unmarried Partner Visa
- It is also called the UK de facto visa
- It allows unmarried partner to enter and reside in the UK if he/she has relationship with a person who is Settled in the UK
- Both same-sex and heterosexual partners can apply for this visa
Requirements of unmarried partner visa are:
- Proof of relationship should be provided
- The relationship should be subsisting and existed for two or more years
- The sponsor and applicant should be 18 years or above
- Intention should be to permanently live together
- Information about any previous relationship of the sponsor and applicant will be required (whether married or unmarried)
- Partners must have lived together for two years at least (this will be confirmed with documentary proof)
- The couple must possess sufficient funds to support each other without claiming public funds
- The Settled or unmarried GBR partner should be earning at least £18,600 per annum or have adequate savings
- The financial requirements will increase if there are dependents or kids involved
- English language requirements must be satisfied
- Child of parent(s) in the UK
- A less than 18 years age child can apply for this visa and expect indefinite leave to live in the UK if:
- Both parents are present and settled in the UK
- They must either have indefinite right to remain in the UK or possess British nationality
If one of the parents is present or settled in the - UK, the child may still apply for the visa
Parents of Child at School Visa requirements:
If the child is below the age of 12 and studying in any school in the UK, then the parent(s) of the child can apply for this visa and obtain rights to live in the UK for looking after the child. However, the child should be under age 12.
- Adult Dependent Relative Visa (under immigration & EU law)
- Also called ADR visa
- It allows British nationals to apply for their elderly parents/grandparents for joining them in the UK to live
- Immediate settlement in the UK can be applied for if the applicant is above 65 years of age and completely dependent upon the sponsoring relative (especially financially)
- It is important to meet the maintenance and accommodation requirements prior to sponsoring
- UK based sponsor must sign a five-year undertaking to accommodate and provide for the elderly relative without accessing public funds
- The applicant must be in need of long-term personal care for performing day-to-day tasks
- Sponsor should be able to meet the medical treatment cost (if required by the relative)
UK Ancestry Visa
- This category allows commonwealth nationals with a UK, Channel Islands or the Isle of Man born grandparent to apply for UK visa
- The applicant may enter and live in the UK for 5 years duration
- Commonwealth nationals having grandparent who was born in the Republic of Ireland prior to 31st March, 1922 can also apply
- The applicant will be entitled to freely live and work in the UK, even as an entrepreneur or self-employed person
To qualify for UK Ancestry Visa, the applicant should be
- Necessarily be a commonwealth country citizen
- Should be 17 years or above
- Must be able to work in the UK
- Must have grandparent(s) who fit the above mentioned criteria
- Must be able to support himself/herself and any dependents without accessing public funds
ABOUT HARDING MITCHELL
With the help of our skilled immigration solicitors in London, you can expect your application be made according to immigration rules and avoid unnecessary expenditures. We’ll submit it with full concentration on helping meet Home Office requirements so there are little chances for rejection or variations that would cause additional fees later down the line!
EXPERIENCED SOLUTIONS
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experience and approach to you.
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Your solicitor will develop understanding of your
needs and the approach you want to take.
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We will provide a detailed cost estimate before you
agree to proceed with your case.
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We will identify the best way to achieve your goals
that are realistic and attainable.
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