Qualifying Requirements for UK Settlement Visa
The UK Settlement Visa, designed for South Africans joining British nationals as family dependents, is contingent on specific criteria set by the UK government. These requirements ensure that both the British sponsor and the family dependent can have a sustainable life in the UK without becoming a burden on public services. Here’s a breakdown of these qualifications:
1. Relationship Requirement:
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- Spouses/Civil Partners: Must be legally married or in a civil partnership recognized by the UK.
- Unmarried Partners: Must prove cohabitation in a relationship akin to marriage for at least 2 years.
- Fiancé(e)s: Must plan to marry or enter into a civil partnership in the UK within six months of arrival.
2. Financial Requirement:
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- The British sponsor must earn a minimum annual income of £18,600. This increases if sponsoring children: an additional £3,800 for the first child and £2,400 for each additional child.
- Alternately, substantial savings, pension, or certain other non-employment income can meet this requirement. (Specific details and criteria apply).
3. Accommodation Requirement:
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- There must be adequate accommodation in the UK for the family without resorting to public funds. This means no overcrowding and having a genuine place to live.
4. English Language Requirement:
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- The applicant (not the British sponsor) must prove knowledge of English. This is usually through an approved English test, though exemptions apply for certain nationals or those with certain educational backgrounds.
5. Genuine Relationship Requirement:
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- The relationship between the applicant and the British sponsor must be genuine and subsisting. Evidence of shared responsibilities, joint finances, and genuine cohabitation will be scrutinized.
6. Absence of Certain Negative Factors:
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- No adverse immigration history, like overstaying or breaching visa conditions.
- No serious criminal records or behaviours that suggest one is not of good character.
FAQs:
Q: What if I don’t meet the minimum income but my British partner does?
A: The income of both the applicant and the British sponsor can be combined to meet the financial requirement.
Q: Are there age requirements for the Settlement Visa?
A: Yes, both the applicant and their British sponsor must be at least 18 years old when the visa is issued.
Q: Can I switch from another visa to a Settlement Visa while in the UK?
A: It depends on the visa category you’re currently under. Some visas allow for switching, while others require you to leave the UK and apply from abroad.
Conclusion:
Understanding and meeting these qualifying criteria is crucial for a successful visa application. To ensure that you align with these requirements and present your case effectively, consider seeking professional guidance.
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