Retained right of residence for family members of EU citizens

By Victor Falcon Mmegwa

Can family members of EU citizens acquire independent rights of admission or residence in the UK where they have lost their family connection to the EU citizen they are related to?

Qualifying family members can continue living in the UK lawfully without their EU citizen sponsor. But a person who qualifies for this right does so exclusively on a personal basis, and so cannot be the sponsor for another family member. This is called retained right of residence.

Article 13 of Directive 2004/38/EC states

1.Without prejudice to the second subparagraph, divorce, annulment of the Union citizen’s marriage or termination of his/her registered partnership, as referred to in point 2(b) of Article 2 shall not affect the right of residence of his/her family members who are nationals of a Member State.

Before acquiring the right of permanent residence, the persons concerned must meet the conditions laid down in points (a), (b), (c) or (d) of Article 7(1).

2.Without prejudice to the second subparagraph, divorce, annulment of marriage or termination of the registered partnership referred to in point 2(b) of Article 2 shall not entail loss of the right of residence of a Union citizen’s family members who are not nationals of a Member State where:

(a)prior to initiation of the divorce or annulment proceedings or termination of the registered partnership referred to in point 2(b) of Article 2, the marriage or registered partnership has lasted at least three years, including one year in the host Member State; or

(b)by agreement between the spouses or the partners referred to in point 2(b) of Article 2 or by court order, the spouse or partner who is not a national of a Member State has custody of the Union citizen’s children; or

(c)this is warranted by particularly difficult circumstances, such as having been a victim of domestic violence while the marriage or registered partnership was subsisting; or

(d)by agreement between the spouses or partners referred to in point 2(b) of Article 2 or by court order, the spouse or partner who is not a national of a Member State has the right of access to a minor child, provided that the court has ruled that such access must be in the host Member State, and for as long as is required.

Before acquiring the right of permanent residence, the right of residence of the persons concerned shall remain subject to the requirement that they are able to show that they are workers or self-employed persons or that they have sufficient resources for themselves and their family members not to become a burden on the social assistance system of the host Member State during their period of residence and have comprehensive sickness insurance cover in the host Member State, or that they are members of the family, already constituted in the host Member State, of a person satisfying these requirements. ‘Sufficient resources’ shall be as defined in Article 8(4).

Such family members shall retain their right of residence exclusively on personal basis.

This case will look into how qualifying family members are able to continue living in the UK without their EU citizen sponsor.

Balogun v Secretary of State for the Home Department [2023] EWCA Civ 414

On 19 April 2023, The Court of Appeal made a judgment in Balogun v Secretary of State for the Home Department [2023] EWCA Civ 414. The key issue of the case was whether Mr Balogun enjoyed an EU right to reside after his divorce and release from prison. The appeal pre-dated the end of the transition period and EU law continued to be relevant.

Mr Balogun is a national of Nigeria who had been married to a national of France exercising her Treaty rights in the UK, but who was then imprisoned for 27 months for an offence of dishonesty. Before he was imprisoned, divorce proceedings were begun. While Mr Balogun was in prison, his wife stopped exercising Treaty rights and left the UK. Their divorce was then finalised.

On his release from prison, Mr Balogun relied on the right of residence in Article 13 of Directive 2004/38/EC, arguing that this right was triggered on initiation of divorce proceedings and that he should be treated as meeting the “work” condition in Article 13 while he was in prison relying on the case of Orfanopoulos v Land Baden Württemberg (C-482/01) [2005] CMLR 433).

The Court of Appeal rejected Mr Balogun’s arguments, accepting the Secretary of State’s case that Mr Balogun could only rely on Article 13 from finalisation of his divorce, not initiation, and that since imprisonment brought any lawful residence as a family member under EU law to an end, by the time of his divorce he did not enjoy any EU right to reside which could be preserved by Article 13.

The Court rejected Mr Balogun’s reliance on Orfanopolous, accepting the Secretary of State’s submission that Onuekwere v Secretary of State for the Home Department (Case C-378/12) [2014] 1 WLR 2420 was authority that Mr Balogun did not meet the conditions in Article 7(2) of the Directive while he was in prison.

Our Comments

From the above judgement, we can see imprisonment can bring an end to any lawful residence as a family member of an EU citizen. This is as a family member of an EU citizen who is unable to be employed, self-employed or self-sufficient where in prison. Should you require any assistance, then do not hesitate to contact us.

Have questions about this article? Get in touch today!

Call us on 020 7928 0276, our phone lines are open and we will be taking calls from 9:30am to 6:00pm.

Email us on [email protected].

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

Or, download our free app! You can launch an enquiry, scan over documents, check progress on your case and much more!

iPhone version.

Android version.

James Cook

See Full Bio

Tesco found to have copied the Lidl logo in trademark lawsuit. Why did the High Court come to this decision?

In a recent case, the High Court has ruled that Tesco’s use of its Clubcard logo constituted trademark infringement, copyright infringement and passing off. Tesco filed a counterclaim in response in which they alleged some of the Lidl trademarks were registered in bad faith and are therefore liable to be declared invalid.

You may or may not have noticed that the Tesco Clubcard logo has a resemblance to Lidl’s own logo. Lidl certainly thought so, having originally filed a lawsuit which said that Tesco’s use of the yellow circle on a blue background was an example of the supermarket trying to ride on Lidl’s coat-tails to promote its “Clubcard Prices” discount scheme due to Lidl’s reputation as a discount supermarket.

Lidl’s claim relies on trademarks relating to two versions of the Lidl logo. One is a logo which includes the word “Lidl”, while the other is a logo without the word Lidl. These are known throughout the case as “the Mark with Text” (MWT) and “the Mark without Text” (MWOT). The latter is a graphic made up of a blue background behind a yellow circle which is bordered by a thin red line.

Although the High Court is set to order an injunction against Tesco’s use of the Clubcard logo, Tesco is likely to ask the court to postpone requirements to change its logo until they have heard Tesco’s appeal. The injunction is likely to have a costly impact on the country’s largest supermarket by market share, with its Clubcard logo prominently featured throughout its marketing.

Keep reading to learn more about why the court came to the decision they did in relation to trademark infringement, passing off, and Copyright infringement.

Trademark infringement and passing off

When looking at whether the mark with text (Lidl’s main logo) was similar to Tesco’s Clubcard logo, the judge came to the conclusion that it was. The judge found that the presence within the logos of the brands “Lidl” and “Clubcard” respectively did not undermine this. Lidl brought its claims to the court on the basis of an infringement of Section 10 (3) of the Trade Marks Act.

The requirements for a successful claim mean that a claimant must shows a total of 9 criteria. These include the following:

i. the trade mark has sufficient reputation in the UK,
ii. the defendant is using its sign in the UK,
iii. that use must be in the course of trade,
iv. the use is without the consent of trade mark owner,
v. the defendant’s sign must be identical with or similar to the trade mark,
vi. the use is in relation to goods or services,
vii. the use of the sign must give rise to a link between the sign and the trade mark in the mind of the average consumer,
viii. this has to lead to at least one of the following consequences:
(a) detriment to the distinctive character of the mark (“dilution”), or
(b) detriment to the repute of the mark (“tarnishing”), or
(c) unfair advantage being taken of the distinctive character or repute of the mark (“free riding”),
ix. the use of the sign must be without due cause.

While most of the criteria were successful in the eyes of the judge, there were a few contentious issues which had to be decided.

Evidence for the similarity within criteria (v) included discussions inside Tesco itself, where internal communications saw concerns raised during the development of the Tesco Clubcard signs regarding the closeness in appearance between Lidl’s Mark with Text and Tesco’s Signs.

There were also several other criteria within Section 10 (3) of the Trade Marks Act which the judge assessed in order to decide whether Lidl’s trademark claims were successful.

A key question for the Judge was the question of whether the use of the Tesco Signs meant that the consumer linked them with Lidl’s Mark With Text (vii). In investigating this, the Judge found that consumers believed that the Tesco Signs meant that Tesco was matching their prices with Lidl’s prices. Tesco’s own research carried out in the form of customer surveys also provided support for the idea that the Tesco Signs led the consumer to link them with Lidl. Indeed, in these surveys, some believed that the Tesco Signs were in fact a Lidl campaign. Once again, this was further evidenced by Tesco’s own internal communications.

All of this led to requirement viii, which asks whether it has given rise to one of three possible forms of injury: (a) detriment to the distinctive character of the trademark, (b) detriment to the repute of the trademark, or (c) unfair advantage being taken of the distinctive character or repute of the trademark. These are also sometimes also known as dilution, tarnishing and free riding. The judge found that two consequences were suffered by Lidl: dilution and free riding.

For detriment, it was determined to be very difficult to prove that customers had changed their behaviour as a result of the Tesco signs. Nevertheless, the introduction of said Tesco signs necessitated a campaign by Lidl to address any perceived similarities between the two described as “reasonably expensive” in the form of half-page newspaper adverts.

The unfair advantage requirement was deemed to be fulfilled by Tesco’s benefit from the use of the Tesco signs. The Judge determined that due to the resemblance between the Tesco Clubcard Signs and Lidl Marks, Tesco was able to take advantage of Lidl’s “distinctive” reputation for low prices. It also conveyed the message that Tesco offered quality goods at the same or even lower prices than Lidl.

While it was found that the Mark with Text had been infringed by Tesco, the Mark without Text had also been found to be infringed and was a stronger claim due to the absence of the word “Lidl”.

Passing off

Lidl also won for the passing off claim it had brought to court. Their claim relied on the notion that by using the Tesco Signs, Tesco were alleging that their products shared the same attributes as Lidl’s of being good quality at low prices. Passing off claims usually succeed on the basis that one party tries to deceive the consumer into believing a good or service actually belongs to another party, however this was not quite the case in this instance.

Instead, the passing off claim relates to the consumers being deceived into believing that the defendant’s products are of an quality or price to the claimant’s.

Copyright infringement

When it came to the claim for copyright infringement, Lidl also won. Tesco’s access to the Mark With Text and all of the prior evidence uncovered during the case was deemed to have been proof that Tesco had copied it when arriving at the destination of their design for the Tesco Signs.

The Judge found that the incorporation of the yellow circle within a blue square meant that the Tesco Signs consisted of a substantial element of the Mark With Text.

Tesco’s evidence was undermined by the fact that they had inaccurately explained how the Tesco Sign had come into being during cross-examination. The agency which had been involved in creating the logo was not called upon by Tesco to give evidence. The judge therefore inferred that the agency’s provision of evidence would have damaged Tesco’s case on the development of the signs.

The judge also evaluated the evidence regarding communications between Tesco and the agency, leading them to conclude that the agency copied the Mark With Text’s blue background and yellow circle concept in the development of the Tesco Signs.

As a result, the Judge concluded that Tesco had infringed the Mark With Text.

Despite losing on trademark infringement and copyright infringement, Tesco did have partial success when it came to the counterclaim.

Tesco counterclaim

While Tesco failed to have the four trademark registrations for the MWOT, they did succeed in having the four trademark registrations invalidated.

The reason for their success is that while Lidl applied for a trademark for the mark without text (MWOT) in 1995, and on four further occasions, the Judge decided that Lidl failed to provide positive evidence of an intention to use the MWOT. Nevertheless, the Judge ruled found that the trademark application in 2021 was not filed in bad faith, partly because it had been 11 years since the last registration. Despite the invalidation of the four previous trademark applications, as a result of the latest one, Lidl will continue to have a registration for the MWOT.

Final comments

Tesco has since said that it plans to appeal, however it seems unlikely to succeed. Permission for such an appeal would need to be granted by either the Judge or the Court of Appeal.

The case itself offers an important lesson when it comes to trademark law and copyright law. It is distinct from many other cases because its focus was not on whether customers themselves were confused between the two brands, but whether Tesco exploited the reputation Lidl had for low prices by using a similar logo for its new Clubcard scheme.

It remains to be seen what will happen in the event that Tesco does decide to appeal, or the consequence it will have in terms of opening up the door to similar cases. Nevertheless, it is likely to have a significant impact on Tesco by forcing them to change their branding for their Clubcard range.

Have questions about this article? Get in touch today!

Call us on 020 7928 0276, our phone lines are open and we will be taking calls from 9:30am to 6:00pm.

Email us on [email protected].

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

Or, download our free app! You can launch an enquiry, scan over documents, check progress on your case and much more!

iPhone version.

Android version.

James Cook

See Full Bio

Making a Will – what are some of the most common questions about this topic?

The importance of Wills cannot be understated, however sometimes they can be an area which open up some difficult conversations with families and loved ones. For the fifth and penultimate article in our series of FAQs about Family Law, we will take a look at the importance of Wills, particularly making a will, or will drafting. Keep reading to learn more about the topic of Wills in the form of questions frequently asked by our clients.

Do I need a will?

Having a Will ensures that: 1) Your assets are disposed of as you wish after your death. A professionally drafted Will takes into account your finances and personal circumstances, this will give you the opportunity to discuss your estate planning with your family which will significantly reduce the likelihood of disputes arising after your death; 2) Your assets do not pass under the general intestacy rules and that your estate is administered by people of your choosing (not dictated by intestacy rules). 3) The people who matter most to you are looked after if you die, this is particularly important if you have young children or if someone vulnerable is dependent on you.

What is the process of making a Will?

Initial information will come from a questionnaire filled out by you or from a meeting with you. Information needed include Your personal circumstances (marital status, children and dependents, previous wills etc.); your assets (property, business assets, joint assets, saving, pension, life insurance, debts or liabilities etc.); whether you want gifts to be made through the will etc. We will then prepare a draft will based on your instructions. The time for preparation will depend on the complexity of your estate and personal circumstances.

What are the requirements for a valid Will?

The basic requirements for a valid Will are that the testator must: 1) have the capacity to make a Will, the testator must be of sound mind, memory and understanding when giving instructions for the Will and when they execute the Will. 2) have the intention to make a Will and 3) comply with the prescribed formalities, e.g. be in writing; be signed by the testator or by some other person in their presence and by their direction; have a signature made or acknowledged by the testator in the presence of two or more witnesses present at the same time; and be witnessed, where each witness must attest and sign the Will or acknowledge their signature, in the presence of the testator

Who should your executors be?

The executors are the people who will administer your estate, e.g. ascertain your estate, pay any inheritance tax, apply for probate and distribute your estate according to the terms of your Will. Executors can be anyone (including a beneficiary) over the age of 18. It is normal to have at least two executors to ensure they can deal with real property. As executors often play an important role, you will need to consider carefully who they should be. Sometimes professional executors may be the better option e.g., solicitors.

Who are the beneficiaries?

Beneficiaries are the people who stand to benefit from your Will. The general rule is that the testator is free to leave their estate as they wish.

Who do you want to appoint as guardians of your children under the age of 18?

This appointment would take effect if no other person with parental responsibility survives you. It is advisable to discuss any appointment with your spouse and to consider what happens if something were to happen to the appointed guardians.

What assets should be left in my will?

You will need to consider what particular assets you may want to leave to certain people. Gifts in your will are known as legacies. Generally speaking, there are two kinds of legacies: (1) General legacies, which are not distinguished from other properties in the estate, which commonly will be a gift of money; and (2) Specific legacies, which are specific items you want to give away.

You will be asked to provide the list of gifts you would like to make, i.e. the description of the assets and the names and addresses of the intended beneficiaries. Gifts to minors need careful consideration as a gift to a minor beneficiary will have to be held on trust until they reach the age of 18.

If a resident in England and Wales passed away without a Will, what is the order of entitlement under the intestacy rules?

When a person dies without leaving a valid Will, their property (the estate) must be distributed according to the rules of intestacy. If the deceased has a surviving spouse or civil partner, he/she will be entitled to all the personal property and belongings of the person who has died, the first £322,000 of the estate (statutory legacy), and half of the remaining estate.

The other half will be distributed to the deceased’s children. If the deceased passed away without a surviving spouse or civil partner, the estate will be inherited by the children. If the deceased does not have a surviving spouse and children, the order of entitlement would be in the following order: Parents, then brothers and sisters, nieces and nephews etc.

How much does Lisa’s Law charge for will drafting?

Our starting price is £300.00 plus VAT for a simple Will provided that there are no trusts or minor beneficiaries involved (Simple Mirror Wills are £450 plus VAT). We charge extra if there are other complicated circumstances.

Have questions about this article? Get in touch today!

Call us on 020 7928 0276, our phone lines are open and we will be taking calls from 9:30am to 6:00pm.

Email us on [email protected].

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

Or, download our free app! You can launch an enquiry, scan over documents, check progress on your case and much more!

iPhone version.

Android version.

James Cook

See Full Bio

Welcome Beverly

We are excited to welcome Beverly Chan to Lisa’s Law. Beverly joins the team as a legal assistant and has already made a great impression on her colleagues.

Beverly completed her LLB degree at Hull University, as well as the LLM Bar Practice Course at the University of Law.

She is fluent in English, Mandarin, Cantonese, and Malay. Beverly has also done some pro bono work in different areas of law, mainly focusing on family law.

Outside of work, Beverly enjoys both travelling and running.

For more articles like this, subscribe to our newsletter today.

Have questions about this article? Get in touch today!

Call us on 020 7928 0276, our phone lines are open and we will be taking calls from 9:30am to 6:00pm.

Email us on [email protected].

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

Or, download our free app! You can launch an enquiry, scan over documents, check progress on your case and much more!

iPhone version.

Android version.

James Cook

See Full Bio

Is the Home Office now more open to UK visitor visas from China’s Fujian province?

For some time, it has been no secret that the Home Office have tended to refuse visitor visa applications from applicants who are from Fujian Province in China.

The commonly understood reason for this is that it is due to the large number of overstayers in the UK from the Fujian province. The Home Office therefore suspects that everyone from that province will overstay in the UK. The rate of visitor visa applications is extremely low. They tend to refuse them arbitrarily.

However, over the years the economic circumstances of Fujian have changed substantially. The attraction of coming to the UK to live permanently has declined significantly. There are more people who simply want to visit their family members in the UK and not overstay, particularly those who are at senior ages.

Recently, we have been successful in applications from Fujian province, and we therefore wonder whether the Home Office have now become more open to visitor applications from the region. Perhaps finally the Home Office has recognised the significant developments in the region over the years, the growing population of over 41 million, and also recognised that many wish to just visit their loved ones in the UK.

You can find more details on our visit visa requirements here.

Should you wish to visit the UK or want to bring family member to visit you in the UK, then please get in touch.

For more articles like this, subscribe to our newsletter today.

Have questions about this article? Get in touch today!

Call us on 020 7928 0276, our phone lines are open and we will be taking calls from 9:30am to 6:00pm.

Email us on [email protected].

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

Or, download our free app! You can launch an enquiry, scan over documents, check progress on your case and much more!

James Cook

See Full Bio

Visitor Visa Guidance

A visitor visa permits individuals from foreign countries to visit the UK for various reasons such as tourism, business, study (for courses that last no longer than 6 months), and other permissible activities. The visa allows for a stay of up to 6 months, but in certain cases, such as for medical treatment, it may be possible to apply for a longer stay.

This guide will briefly explain the general requirements that must be met to apply for the visitor visa. All requirements must be strictly met otherwise the application will be refused.

Check our our Visitor Visa page to find out more about the different type of visitor visas and the services we offer.

What are the requirements?

You must have a passport or travel document to enter the UK. It should be valid for the whole of your stay.

You must be able to show that:

You will leave the UK at the end of your visit
You’re able to support yourself and any dependants accompanying you during your trip (or have funding from someone else to support you to cover your travel expenses)
You’re able to pay for your return or onward journey (or have funding from someone else to pay for the journey)
You’ll not live in the UK for extended periods through frequent or successive visits, or considering the UK as your primary residence
You must have enough money to support yourself during your stay in the UK

You may need to meet extra eligibility requirements if you’re visiting the UK:

to study, do a placement or take an exam
as an academic, senior doctor or dentist
for medical reasons

What can you do in the UK?

You can visit the UK as a Standard Visitor:

For tourism such as a vacation
To visit family or friends
To volunteer with a registered charity for up to 30 days
To transit through the UK en-route to another country
For specific business activities such as attending a meeting or interview,
To participate in a school exchange program
To undertake a recreational course for up to 30 days
To study, do a placement or take an exam
For academic or medical purposes

What can’t you do in the UK?

Do paid or unpaid work for a UK company or work as a self-employed individual
Claim public funds (benefits)
Make the UK your main home by living in the UK for extended periods through frequent or successive visits
Get married or register a civil partnership, or give notice of marriage or civil partnership during your visit – you must apply for a Marriage Visitor visa

What documents do I need?

To apply for a UK visitor visa, you will need to provide certain documents. These include:

A valid passport or travel document
The intended travel dates for your visit to the UK
The places where you plan to stay during your trip
An estimated cost for your whole journey
Your present home address along with the duration of your stay in the UK
Your parents’ names and dates of births (if known)
Your annually income (if you have income)
Details regarding any criminal, civil or immigration offenses you may have committed

Depending on your circumstances, you might also need to provide:

Your travel history for preceding 10 years
your employer’s address and phone number, your partner’s name, date of birth, and passport number
The name and address of the person financing your travel
The name, address and passport number of any family members residing in the UK
A certificate verifying that you’ve taken a tuberculosis (TB) test if your visit exceeds 6 months

What is the application process?

Submit an application – If you’re applying with family members, each person must submit their own application and pay the visa fee.

After you have submitted your Attend your appointment

After you have submitted your application, you will need to attend an appointment at a UK visa application centre. During the appointment, you will need to provide your biometric information, such as fingerprints and a photograph.

Wait for a decision

Once you have attended your appointment, you will need to wait for a decision on your application. The processing time usually takes around 3 weeks. If your application is approved, you will receive a visa vignette in your passport, which will allow you to enter the UK.

Fast track – how do I get a faster decision?

Collection within 5 working days (priority services): £500

If the ‘priority service’ is available in the country you’re applying from and you verify your identity at a visa application centre, you can choose this service while applying for your visa. This service will require an extra fee. A decision on your application will be made within 5 business days from when you provide your biometric information at your appointment.

Next day collection (super priority services): £800

If the ‘super priority service’ is available in the country you’re applying from and you verify your identity at a visa application centre, you can choose this service while applying for your visa. This service will require an extra fee. A decision on your application will be made by the end of the next working day from when you provide your biometric information at your appointment.

Check with your visa application centre to see if fast track services are available in the country you’re applying from. Contact us to find out more information.

What are the fees?

The visa fee for a UK visitor visa varies depending on the length of your stay. You will need to pay the fee online as part of the application process.

	Fee	Maximum length of stay
Standard Visitor visa	£127	6 months
Standard Visitor visa for medical reasons	£220	11 months
Standard Visitor visa for academics	£220	12 months
2-year long-term Standard Visitor visa	£475	6 months per visit
5-year long-term Standard Visitor visa	£848	6 months per visit
10-year long-term Standard Visitor visa	£1059	6 months per visit

Contact us today to start the Visitor Visa process

Lisa’s Law regularly assist in applying for Visitor Visa applications both from abroad, and within the UK. We will advise and represent you throughout the process. Contact us now.

For more articles like this, subscribe to our newsletter today.

Article updated on 05/08/2025.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on [email protected].

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

See Full Bio

How to Apply for a UK Spouse Visa – 2026 Guide

A UK Spouse Visa allows a foreign national to travel to the United Kingdom to live with their partner who is either British or is ‘settled in the UK’. This guide will briefly explain the general requirements that must be met to apply for the spouse visa. All requirements must be strictly met, otherwise the application will be refused.

As a Legal 500-ranked firm, Lisa’s Law has extensive experience in handling family visa applications, ensuring that your case is managed with care, efficiency, and attention to detail.

Our team of immigration solicitors will guide you through each step of the process, providing clear advice and making sure your application meets all the Home Office requirements.

What are the requirements for a UK Spouse Visa?

In order to qualify for a spouse visa, you must satisfy a number of requirements. These are as follows:

You and your partner must be aged 18 or over when the application is submitted.
You and your partner must intend to live together permanently in the UK.
The applicant and UK partner must have met in person.
Your relationship with your partner must be ‘genuine’ and ‘subsisting’
You and your partner are legally married in a marriage that is recognised in the UK;
Any previous relationship has broken down permanently
You satisfy a financial requirement.
You speak and understand English to a required level.
There is adequate accommodation for you and any dependents.

Sponsoring Partner

Your application for a spouse visa is based on your partners basis to be in the UK and therefore they must be either one of the following:

A British Citizen.
‘Settled’ in the UK; or
Have Pre-Settled Status under the EU Settlement Scheme.
In the UK with refugee leave or humanitarian protection.
Have limited leave to remain as a Turkish Businessperson or Turkish Worker under Appendix ECAA;

Relationship

To satisfy the relationship requirements, you will need to prove one of the following:

you’re in a civil partnership or marriage that’s recognised in the UK
you’ve been living together in a relationship for at least 2 years when you apply
you are a fiancé, fiancée or proposed civil partner and will marry or enter into a civil partnership in the UK within 6 months of arriving

You must also ensure that you and your partner are 18 or over and have met in person. If either of you have previously been in a relationship, that relationship has broken down permanently.

Immigration Status Requirement

Along with making an application from abroad, you can make an application from within the UK for the first time, however you must not be in the UK:

As a visitor
With a leave granted for a period of 6 months or less
On immigration Bail
In breach of immigration rules

Should your circumstances fit in the above criteria then please see section below – What if you cannot meet all the requirements?

What are the UK Spouse Visa Financial Requirements?

You must show that you meet the financial requirements under Appendix FM and therefore can be adequately maintained in the UK without recourse to public funds.

You will need to demonstrate that you and your partner have a combined gross annual income of at least £29,000 if you applied before 11th April 2024. However, if you applied before 11th April 2024 and you are extending that visa, you and your partner will need to prove that your combined income is at least £18,600 a year. If you have children who are not British, or do not have pre-settled status, then you must show an additional:

£3,800 a year for your first child
£2,400 a year for each child you have after your first child

If you do not meet the income requirement stated about, you may be able to use savings. Contact us to find out more information.

How can you meet the Financial Requirements?

There are a number of ways that you can satisfy the financial requirements which include:

Employment income
Self-employment income
Savings
Investments in stocks and shares
Rental income

If you are in receipt of certain public funds, you may be able to relay on the adequate maintenance and accommodation alternative to satisfy the financial requirements. Please contact us for more information.

Knowledge of English requirement

You will need to show that you speak and understand English to the required level to meet this requirement. It is possible for you to prove this by passing an approved English language test.

You must pass at least level A1 on the Common European Framework of Reference for Languages (CEFR) scale for your first visa application. Level A2 if you wish to stay in the UK after your first visa and are intending to apply for a renewal. Level B1 if you are applying for settlement here in the UK.

You do not need to take an approved English language test if you have a degree or academic qualification that was taught or researched in English.

You also do not need to prove your knowledge of English if you are a national of one of the countries below:

Antigua and Barbuda
Australia
the Bahamas
Barbados
Belize
the British overseas territories
Canada
Dominica
Grenada
Guyana
Jamaica
Malta
New Zealand
St Kitts and Nevis
St Lucia
Trinidad and Tobago
St Vincent and the Grenadines

What if you cannot meet all the requirements?

It may be possible to still apply for a spouse visa if you do not meet all the requirements if you will face significant difficulties in continuing your family life outside of the UK. Please contact us to find out more information.

What are the UK Spouse Visa fees?

You will need to make payment of both the Home Office fee and Immigration Health Surcharge when your application to the Home Office is ready to submit. As of April 2025, the UK spouse visa fees are as follows:

Application	Home Office fee	IHS
Applying outside of UK	£1,938	£1,035 per year
Applying within the UK	£1,321	£1,035 per year

Please note that when applying for entry clearance, the actual fee paid may be higher due to payment being processed in the local currency.

Is fast track available?

Please note that super priority service is available which will you will provide you with a faster decision. You may be able to pay £1000 from inside the UK to do so.

What comes after you apply for a UK Spouse Visa?

Once you application has been submitted, you will need to book a biometric appointment so that you can attend a visa centre to submit your biometrics. You will not be able to submit any further documents after your biometrics have been submitted and your application will be under consideration.

Presently, the Home Office can take up to 6 months from your biometric submission date to decide an application made for the first time unless there is a delay. If you are applying for an extension after your first visa has expired, then you should receive a decision within 6 months from the biometric submission date.

There is a number of reasons why an application can be delayed, but most commonly it can failure to provide all the required documentation, and / or the need to attend an in-person interview.

To help avoid such potential delays, please contact us to Assis with your spouse visa applications, ensuring that avoidable delays, and refusals are dealt with at the application stage.

If Your Spouse Visa is Granted

Should your application for a UK spouse visa be granted you will be granted a visa for 33 months. If you have made an application within the UK, then you will be granted a visa for 30 months.

You will be eligible to enter and live in the UK within this time. You will be able work without any restrictions and study in the UK.

When can you apply for settlement?

If you met all the UK spouse visa requirements listed under Appendix FM, then you can apply for settlement after holding the visa for 5 years. If you did not meet the requirements, then you can apply after 10 years.

At Lisa’s Law, we regularly assist in applying for Spouse Visa applications both from abroad, and within the UK. We will advise and represent you throughout the process. Contact us today to start the process.

Visit our family visa services page here.

Frequently Asked Questions – UK Spouse Visa

Q: How much does a UK spouse visa cost in 2026?
A: As of April 2025, the Home Office fee for applying outside the UK is £1,938, plus an Immigration Health Surcharge of £1,035 per year. Applications made in the UK cost £1,321 plus the same health surcharge.

Q: How long does a UK spouse visa take to process?
A: Standard processing can take up to 6 months from your biometric submission date. A super priority service is available for an additional fee, offering a decision by the next working day.

Q: Can I apply for a UK spouse visa while on a visitor visa?
A: No, you cannot switch to a spouse visa from a visitor visa while inside the UK. You must apply from abroad unless you meet certain exceptions.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on [email protected].

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

See Full Bio

Welcome Victor

We are excited to welcome Victor Mmegwa to Lisa’s Law. Victor joins the Immigration Team as a Solicitor and we are very pleased to have him on board.

Victor has 6 years PQE (post-qualified experience) and has huge experience of managing his own caseload in Immigration, Human Rights and Public law. He graduated from the University of Hertfordshire in 2010 with a 2:1 in LLB (Honours) Law and successfully completed his Legal Practice Course at BPP Law School in 2012.

Victor is an Accredited Senior Caseworker (Level 2) under The Law Society Immigration & Asylum Scheme and has experience working on a range of cases from Indefinite Leave to entry clearance applications.

In his spare time, Victor likes to play either 5 a-side or 11 aside football. He also likes to work out in the form of strength training.

Victor is fluent in English.

For more articles like this, subscribe to our newsletter today.

Have questions about this article? Get in touch today!

Call us on 020 7928 0276, our phone lines are open and we will be taking calls from 9:30am to 6:00pm.

Email us on [email protected].

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

Or, download our free app! You can launch an enquiry, scan over documents, check progress on your case and much more!

iPhone version.

Android version.

James Cook

See Full Bio

Child arrangement – frequently asked questions

Fourth in our series of frequently asked questions about family law is the subject of child arrangement. These are usually only relevant in the matter of a divorce or separation.

You can read the previous articles in our series of Family Law frequently asked questions here.

What is a Child Arrangements Order?

A Child Arrangements Order is an order that regulates the arrangements for a child. The Court can make orders such as with whom a child is to live and how contact with the child should be maintained and in what way.

What is contact?

Contact is the time that a child spends with an adult. This includes 1. Direct contact between the child and the person named in the order; 2. Overnight stays; 3. Supervised contact, and 4. Indirect contact through letters or cards.

What can the Court order in a child arrangement case?

The Court may order: No contact with the child, if it is in the child’s best interests (this is rare); Who the child will live with; The child to live with one parent only; or Contact time to be shared between both parents (does not mean equal split).

What can you apply to the Court when it comes to child disputes?

You can apply to the court for: Child Arrangements Order; Prohibited Steps Order; Specific Issue Order; and/or Consent Order,.

Who is entitled to apply for a Child Arrangement Order?

The following people can apply for a Child Arrangement Order without permission from the Court: Parents, including unmarried fathers; Guardians; Special guardians; Step-parents with parental responsibility; Any person in whose favour a residence order is in force in respect of the child; Any party to a marriage in relation to whom the child is a child of the family; Any person with whom the child has lived with for a period of at least 3 years (does not need to be continuous but must not have begun more than five years before, or ended more than three months before the making of the application). Any person who is not entitled (e.g. grandparents) may apply for the Court’s permission to make an application.

What is the requirement before applying to the court for Child Arrangement Order?

The Court encourages both parties to reach an agreement outside of Court and only apply to the Court where it is strictly necessary to do so. Before applying for the court order, you are legally required to attend a Mediation Information and Assessment Meeting, unless you are exempt or applying for a consent order.

What is Mediation Information and Assessment Meeting (MIAM)?

A MIAM is an initial meeting where you will be given information about mediation and alternative ways of reaching an agreement without going to Court. A mediator will consider with you whether other methods are more suitable for your case. Note: A MIAM is a one-off meeting and is not the same as mediation.

What happens at a Mediation Information and Assessment Meeting (MIAM)?

At the MIAM, a mediator will explain: How mediation works; The benefits of mediation; Whether mediation is right for you; The likely costs; Whether you qualify for help with the costs of mediation and legal costs; Other methods to help you reach an agreement.

After you attend the MIAM, the mediator should provide you with a signed document to confirm you attended a MIAM, or if you do not need to attend the MIAM, certify that you are exempted. If you don’t have such a document, you should ask the mediator for one. You must bring the signed document from the mediator to the first court hearing.

Why does the Court encourage both parties to reach an agreement outside of Court in children’s proceedings?

Even though the outcome is legally binding, and the decision is made in the best interests of the child, the court process can take a long time and can be very expensive. In addition, involving the Court may be more stressful for you and your child, it may increase conflict between you and the other party and you may not be in control of the outcome.

What are the alternative ways to reach an agreement?

If there are no safety concerns, you should see if there is a more suitable way to agree on child arrangements with the other party other than going to Court. By reaching an agreement out of court, you may be able to make the situation less stressful for the child, reduce conflict with the other party, help the child maintain existing familial relationships and save costs and time. You can seek help from: Professional mediation; Lawyer negotiation; or Collaborative lawyer (negotiate face-to-face).

What is the procedure for children proceedings?

If you still can’t reach an agreement with the other party using an alternative way, then you can apply to the Court for a court order. The Applicant submits the application online or by post. The Court will set a time and place for you and the other party to attend a First Court Appointment. It is called the First Hearing Dispute Resolution Appointment (FHDRA). Information about this appointment and the application will be served to the other party and any other adults involved as they need to complete a form and send it back to the Court.

The Court will also send a copy of the application to Cafcass (Children and Family Court Advisory and Support Service) and they may attend the FHDRA. Usually, the Court investigates the issues and enquires into the possibility of a settlement in a FHDRA.

If an agreement still cannot be reached in the FHDRA, the Court will identify the outstanding issues and will give directions on how the case should proceed. The Court might order a Cafcass officer to prepare a report to help the judge at the final hearing, or it might order that the child be legally represented in the proceedings. The Court may also order the parties involved to prepare written statements of the evidence that they want the Court to hear. Sometimes the Court will also adjourn the case for mediation to take place, if the Court thinks the parties can reach an agreement through mediation.

If the issues still cannot be sorted out, the Court will ultimately hold a final hearing. At that stage, a judge will hear evidence from, the Cafcass officer, any adult parties involved in the proceedings and any other necessary experts, and then make a decision.

What are the factors the Court will take into consideration in children proceedings?

The first concern of the court is the child’s welfare. The Children Act 1989 directs the Court to pay particular attention to seven factors when making a decision, this includes: The wishes and feelings of the child concerned; The child’s physical, emotional and educational needs; The likely effect on the child if circumstances change as a result of the court’s decision; The child’s age, sex, background and any other characteristics that will be relevant to the court’s decision; Any harm the child has suffered or may be at risk of suffering; The capability of the child’s parents (or other relevant people) in meeting the child’s needs, and The powers available to the Court.

Additionally, the Court must presume when considering an application for a Child Arrangement Order, unless the contrary is shown, that involvement of each parent (either direct or indirect) in the life of the child concerned will further the child’s welfare. That presumption applies if that parent can be involved in the child’s life in a way that does not put the child at risk of suffering harm. The Court must also be satisfied that making an order is better for the child than not making an order at all.

How long does a Child Arrangement Order last for?

A Child Arrangement Order that regulates with whom the child is to live and when, will last until the child is 18 (unless the court orders an earlier date). A Child Arrangement Order that regulates when the child is to have contact with a person will usually end when the child is 16 but in limited circumstances can last until the child is 18.

Can you change or enforce a Child Arrangement Order?

A court order is not flexible. You will need to apply to the Court again if your situation changes. You or the other party involved can apply to the Court to enforce the order if any of you breaches it.

How much do you charge for child arrangement matters?

It depends on whether you and your spouse are able to reach an agreement. We charge at an hourly rate of £300+VAT. How much you would end up paying in total depends on how much time we will need to spend on your case. Generally, if the parties can agree on the terms regarding residence and contact of the child, we would be able draft a Parenting Plan for you.

Our fees will depend on the complexity of the terms and will start at £1500+VAT. If a child arrangement consent order is required, i.e. you and the other party will agree that the terms are valid and enforceable, but would like the Court to endorse your agreement. Depending on the complexity and Court’s direction, our fees will start from £2000+VAT.

If no agreement can be reached and a contested proceeding is required, our fees will start from £10,000-15,000, depending on the Court’s directions for the hearing. In addition, there are court fees and barrister fees, which will in the region of £6,000-£8,000, depending on the level of experience of the barrister.

For more articles like this, subscribe to our newsletter today.

Have questions about this article? Get in touch today!

Call us on 020 7928 0276, our phone lines are open and we will be taking calls from 9:30am to 6:00pm.

Email us on [email protected].

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

Or, download our free app! You can launch an enquiry, scan over documents, check progress on your case and much more!

iPhone version.

Android version.

James Cook

See Full Bio

New Innovator Founder Route opens – how do I apply?

The new Innovator Founder route came into force on 13^th April 2023. It replaces the previous innovator route and start-up route.

The route is for those that wish to set up and run an innovative business in the United Kingdom. The business must be new, and an original business idea that is different from anything else on the market.

What is different about the Innovator Founder Route?

The two biggest changes in the new Innovator Founder Route are:

Removal of the £50,000 investment requirement – Previously businesses were required to show that they were going to invest a minimum of £50,000 in their new business.
Removal of the restriction from undertaking additional employment

The removal of the £50k requirement in particular gives more flexibility to innovators while retaining the requirement for an innovative business idea with sufficient funds to deliver on it. Furthermore, this removal also means that the there is no longer any need for the Start-up route as neither route will require access to £50k of funds.

Who is eligible for the Innovator Founder Route?

To be eligible for the visa, your business or business idea must be endorsed by an endorsing body. The previous endorsing bodies have now been replaced by four endorsing bodies, which are:

1. Geminus Innovation

2. Envestors

3. UK Endorsement Services (UKES)

4. The Global Entrepreneurs Programme (GEP)

You are also required to show that you meet the English language requirement and have enough personal savings to support yourself whilst you are in the UK.

Should you wish to find out more information about this route, then contact us and we will be happy to answer any questions.

For more articles like this, subscribe to our newsletter today.

Have questions about this article? Get in touch today!

Call us on 020 7928 0276, our phone lines are open and we will be taking calls from 9:30am to 6:00pm.

Email us on [email protected].

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

Or, download our free app! You can launch an enquiry, scan over documents, check progress on your case and much more!

James Cook

See Full Bio

News and Insights

Article 13 of Directive 2004/38/EC states

Balogun v Secretary of State for the Home Department [2023] EWCA Civ 414

Our Comments

Trademark infringement and passing off

Passing off

Copyright infringement

Tesco counterclaim

Final comments

Do I need a will?

What is the process of making a Will?

What are the requirements for a valid Will?

Who should your executors be?

Who are the beneficiaries?

Who do you want to appoint as guardians of your children under the age of 18?

What assets should be left in my will?

If a resident in England and Wales passed away without a Will, what is the order of entitlement under the intestacy rules?

How much does Lisa’s Law charge for will drafting?

What are the requirements?

What can you do in the UK?

What can’t you do in the UK?

What documents do I need?

What is the application process?

Fast track – how do I get a faster decision?

What are the fees?

Contact us today to start the Visitor Visa process

Have questions? Get in touch today!

What are the requirements for a UK Spouse Visa?

Sponsoring Partner

Relationship

Immigration Status Requirement

What are the UK Spouse Visa Financial Requirements?

How can you meet the Financial Requirements?

Knowledge of English requirement

What if you cannot meet all the requirements?

What are the UK Spouse Visa fees?

Is fast track available?

What comes after you apply for a UK Spouse Visa?

If Your Spouse Visa is Granted

When can you apply for settlement?

Frequently Asked Questions – UK Spouse Visa

Have questions? Get in touch today!

What is a Child Arrangements Order?

What is contact?

What can the Court order in a child arrangement case?

What can you apply to the Court when it comes to child disputes?

Who is entitled to apply for a Child Arrangement Order?

What is the requirement before applying to the court for Child Arrangement Order?

What is Mediation Information and Assessment Meeting (MIAM)?

What happens at a Mediation Information and Assessment Meeting (MIAM)?

Why does the Court encourage both parties to reach an agreement outside of Court in children’s proceedings?

What are the alternative ways to reach an agreement?

What is the procedure for children proceedings?

What are the factors the Court will take into consideration in children proceedings?

How long does a Child Arrangement Order last for?

Can you change or enforce a Child Arrangement Order?

How much do you charge for child arrangement matters?

What is different about the Innovator Founder Route?

Who is eligible for the Innovator Founder Route?

Subscribe to our newsletter

Subscribe Newsletter Blog Sidebar