Home Office processing times vary depending on the type of application and whether the application is submitted inside or outside the UK.

Applications made outside the UK:

If you are applying from outside of the UK, most non-settlement applications (e.g. for a student, work or visit visa) are processed within 3 weeks. Settlement applications (e.g. family visas) can take up to 12 weeks. Full details of current processing times can be found here (https://www.gov.uk/guidance/visa-processing-times-applications-outside-the-uk).

Applications made inside the UK:

If you are applying from inside the UK, most leave to remain applications are processed within 8 weeks. Full details of current processing times can be found here (https://www.gov.uk/guidance/visa-processing-times-applications-inside-the-uk).

Priority & Supper Priority Service:

For the payment of an additional fee to the Home Office, you may be able to get a faster decision on your visa application.

If you are eligible, using the ‘priority service’ means you’ll usually get a decision within 5 working days, or 30 working days for family visa applications from outside the UK. Using the ‘super priority service’ means you’ll usually get a decision by the end of the next working day.

If your application is refused, you will likely have one of three main options:

· Apply for an administrative review;

· Appeal to the First-tier Tribunal; or

· Re-apply.

Your refusal notice will tell you if you can apply for an administrative review or if you can appeal the decision.

Administrative Review:

With an administrative review, the Home Office will consider whether an ‘eligible decision’ is wrong because of a case working error and, if it is, correct that error.

In general, new evidence is not considered in an administrative review, as the Home Office will assess whether they made a mistake in their original decision-making process, based on the information and evidence that was provided at that time.

There are strict time limits to apply for an administrative review. If you are outside the UK, you must apply within 28 days of getting the decision. If you are inside the UK, you must usually apply within 14 days of getting the decision.

Appeal to the First-tier Tribunal:

An appeal involves presenting your case to an independent Tribunal, which can consider new evidence. You may be required to attend a hearing, either in person or remotely.

There are strict time limits for appealing a decision. If you are inside the UK, you have 14 calendar days from the date the decision notice was sent to file your appeal. If you are outside the UK, you have 28 calendar days from the date the decision notice was sent.

The Tribunal will either decide to:

· allow your appeal (in which case, the Home Office will change its decision); or

· dismiss your appeal and uphold the Home Office’s original decision.

If you lose your appeal, you may be able to apply for permission to appeal to the Upper Tribunal, but only on a point of law (e.g. if you believe that the Tribunal got the law wrong or did not apply the correct law).

Re-apply:

You may be able to reapply for a visa, but any new application would need to address the reasons for the initial refusal. You may therefore need to provide additional evidence, clarify any information or errors in the previous application, and/or demonstrate a change in your circumstances if a new application is to stand a better chance of success.

The minimum income requirement for spouse and partner visas can be met in a number of ways. The following sources of income can be relied on:

· Employment income;

· Non-employment income, such as property rental income and investment income;

· Cash savings;

· Pension income;

· Self-employment income; or

· Income from directorship/employment in a limited company.

Some of the above income categories can be combined with each other to meet the minimum income threshold.

If your partner is in receipt of certain disability-related benefits (e.g. Disability Living Allowance, Carer’s Allowance, or Personal Independence Payment) the minimum income requirement will not need to be met and instead, you will need to show ‘adequate maintenance’, which is a much lower threshold. ‘Adequate’ in relation to a maintenance and accommodation requirement is defined in the Immigration Rules as meaning that, after income tax National Insurance

contributions and housing costs have been deducted, there must be available to the family the level of income that would be available to them if the family was in receipt of Income Support.

If you are unable to satisfy any of the requirements above, then, if there are exceptional circumstances in your case, other credible and reliable sources of income such as third-party support can be taken into account.

There is no strict absence rule that applies to a spouse visa. Some visa categories have a 180 day absence rule in any 12 month period, but this is not the case for a spouse visa.

However, when considering any applications for further leave to remain and indefinite leave to remain in the UK as spouse, the Home Office will assess whether you and your spouse genuinely intend to live together in the UK. Therefore, frequent or prolonged absences from the UK (without good reason) can potentially cause problems in demonstrating that your relationship with your spouse remains genuine and that you intend to permanently live together in the UK.

For most visa applications, you will typically pay the following:

· A Home Office application fee. Details of the current fees can be found here (https://www.gov.uk/government/publications/visa-regulations-revised-table/home-office-immigration-and-nationality-fees-9-april-2025)

· The Immigration Health Surcharge, which is payable to the Home Office when applying for a UK visa for more than 6 months. How much you pay depends on the length of your visa. The current standard rate is £1,035 per year. For students, student dependents, Youth Mobility Scheme applicants, and applicants under the age of 18, the current rate is £776 per year.

· Our professional fee. We pride ourselves on our transparent fixed fee pricing which means that you never have to worry about hidden costs or surprise bills. Please refer to our fees list for further information on our fixed fee for each visa category.

The Home Office is now operating a digital immigration system. Physical documents such as Biometric Residence Permits (BRPs) have been replaced by eVisas.

An eVisa is an online record of your immigration status and the conditions of your permission to enter or stay in the UK. If you have been granted permission to stay in the UK for more than 6 months, or if you have indefinite leave to remain, you will need an eVisa to prove your identity and status in the UK.

You need to create a UKVI account to be able to access your eVisa.

BRPs are no longer valid for travel to the UK. You will need to demonstrate your immigration status through an online eVisa. You can use an eVisa to travel to the UK together with your current passport, which must be linked to your UKVI account.

You can share your immigration status information with third parties, such as employers or landlords, by generating a share code via your UKVI account which will give them time-limited access to your immigration status information.

Choosing the right immigration lawyer is crucial to giving you the best possible chance of success.

Nexus Legal can provide expert advice and assistance for all your immigration matters. No matter how complex your case may be, we will guide you on the best way forward and provide you with honest and straightforward advice from the outset. We have specialist knowledge and experience in all immigration applications and appeals and are committed to providing a tailored service and exceptional client care.

To find out how Nexus Legal can help you, book your free no obligation consultation now.