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SPOUSES AND CIVIL PARTNERS

If you are the husband, wife or civil partner of someone who is British or has indefinite leave to remain here, then you may be able to apply to join or stay with them in the UK under British immigration laws.

You will have to show that you meet the following requirements:

• You are both aged 18 or over at the date of the application; and
• You have met in person and are legally married or in a civil partnership; and
• Your relationship is genuine and you intend to live together permanently; and
• Any previous relationship that either of you have had has broken down permanently; and
• There will be enough accommodation for you and anyone else living with you without relying on public funds; and
• You speak and understand English to the required level;
• You meet the UK Border Agency’s financial requirement (see below).

If you apply from abroad to enter the UK, you will be granted a visa that lasts for 2 years and 9 months initially.  If you apply from inside the UK, you will be given 2 and a half years’ leave to remain initially. You will be able to work during this time. Once you have lived together with your spouse or civil partner in the UK for two and a half years, you will then need to apply for further leave to remain and show that you meet the same requirements. Once you have been in the UK for 5 years, you will be eligible to apply for indefinite leave to remain.   After obtaining settlement, you will be able to apply for British citizenship. 

UNMARRIED AND SAME SEX PARTNERS

If you are not married or in a civil partnership but you are in a long-term relationship with someone who is British or has indefinite leave to remain in the UK, then you may be able to apply to join or stay with them in the UK.
 
You will have to show that you meet the following requirements:

• You are both aged 18 or over at the date of the application; and
• You have been living together as a couple for at least two years; and
• Your relationship is genuine and you intend to live together permanently;
• Any previous relationship that either of you have had has broken down; and
• There will be enough accommodation for you and anyone else living with you without relying on public funds; and
• You speak and understand English to the required level; and
• You meet the UK Border Agency’s financial requirement (see below).

The length of your visa will be the same as for spouses and civil partners. You will need to apply for further leave to remain after 2 and a half years, and you can apply for indefinite leave to remain after 5 years. You will then be able to apply for British citizenship one year after you are granted indefinite leave to remain. 

FIANCE(E)S AND PROPOSED CIVIL PARTNERS

If you are engaged to someone who is British or has indefinite leave to remain in the UK, then you may be able to apply to join them here as their fiancé(e) or proposed civil partner. You cannot apply for this visa from inside the UK.

You will have to show that you meet the following requirements:

• You are both aged 18 or over at the date of the application; and
• You have met in person; and
• Your relationship is genuine and you both intend to live together permanently; and
• Any previous relationship that either of you has had has broken down permanently; and
• There will be enough accommodation for you and anyone else who lives with you without relying on public funds, both before and after the marriage or civil partnership; and
• You can speak and understand English to the required standard; and
• You meet the UK Border Agency’s financial requirement (see below).

A fiancé(e) or proposed civil partner visa will be issued for six months. You cannot work in the UK during this time. Once you have had your marriage or civil partnership, you will be able to apply to switch into the spouse or civil partner category. You will then need to meet the requirements set out above in relation to spouses and civil partners.

FINANCIAL REQUIREMENT

You will need to show that your spouse or partner in the UK has a gross annual income of at least £18,600.  If you are also bringing a child with you (who is not British, an EEA national or otherwise settled in the UK), your spouse or partner’s gross annual income will have to be £22,400. For each additional child, add £2,400 to this total to see how much income your spouse or partner will need to have.

If you are already in the UK and you are working legally, then you can rely on your own gross income as well as your spouse or partner’s income, or instead of theirs.

If your income is not enough then you may be able to rely on savings instead of your income or in addition to it.  Your savings will have to be at least £16,000. 

If your spouse or partner is receiving benefits for a disability then you will not be required to show such a high income or level of savings.

If you are already in the UK but you cannot meet all of the requirements set out above – for example, because you do not have enough money – then you may still be able to apply if it would be unreasonable for your child, spouse and/or partner to leave the UK.  If you apply on this basis and your application is succesful then you will be eligible for indefinite leave to remain after 10 years.

BEREAVEMENT AND DOMESTIC VIOLENCE

If, after you have come to the UK, your spouse, civil partner or partner dies, or your relationship breaks down because of domestic violence, you may be able to apply for indefinite leave to remain in the UK.

CONTACT US

For advice and assistance with a marriage / partnership visa application or appeal in any of the above categories, call our immigration lawyers & immigration barristers direct on 0203 617 9173 or e-mail This e-mail address is being protected from spambots. You need JavaScript enabled to view it