Can FLR (P) Holders Bring Spouses to the UK?

Question from ZA, Can FLR (P) Holders Bring Spouses to the UK?

Answer from AI:

If you have been granted Further Leave to Remain (FLR) on private life grounds (FLR (P)) in the UK after an asylum claim has been rejected, you may be wondering about the possibility of bringing your husband from Jordan to the UK. The rules surrounding family reunification can be complex, and it’s important to understand the general guidelines and requirements.

Understanding FLR (P)

FLR (P) is granted under Article 8 of the European Convention on Human Rights, which protects your right to a private and family life. However, being granted FLR (P) does not automatically entitle you to bring family members to the UK.

Spouse Visa Requirements

To bring a spouse to the UK, you would typically need to apply for a spouse visa. The requirements for a spouse visa include, but are not limited to:

• Meeting a certain income threshold (currently £18,600 per year).
• Having adequate accommodation for both of you.
• Passing an English language requirement.
• Your spouse passing a tuberculosis test if they’re coming from a country where this is required.

However, as someone with FLR (P), you may not meet the eligibility criteria for sponsoring a spouse visa, particularly if your permission to stay in the UK is temporary and does not lead to settlement (indefinite leave to remain).

Case Law and Legal Precedents

There may be case law that is relevant to your situation, but it is highly specific to the facts of each case. For example, cases that have gone through the UK courts may have considered the rights of individuals on FLR (P) to family life. However, these cases are fact-specific and do not necessarily create a general right for all FLR (P) holders to bring their spouses to the UK.

Seeking Legal Advice

Given the complexity of immigration law and the potential for changes in legislation and case law, it is strongly recommended that you seek personalized legal advice from an immigration solicitor or advisor who can assess your specific circumstances. They can provide guidance on whether there are any potential routes for your husband to join you in the UK and advise on the strength of your case based on current laws and any relevant case law.

Self-Help Resources

For general information, you can refer to the following resources:

• The UK Government’s family visas page for an overview of the process and requirements.
• Immigration charities and non-profit organizations that offer free advice and support.

Remember, immigration law can be highly nuanced and subject to change, so staying informed and consulting with a professional is crucial.