Dependants and family members of British Nationals (or those with “settled status” within the UK)
Fiancé (and Proposed Civil Partner) Visas
Introduction
Individuals who are fiancés or proposed civil partners of British nationals, or persons present and settled in the UK, can apply to come to the UK with a view of getting married or entering into a civil partnership. The partner of the visa applicant must either be living and settled in the UK, or return to live in the UK permanently with the visa applicant.
Qualifying Criteria
In order for this type of visa application to be viable, the following conditions must be met:
- Both the visa applicant and their partner must be aged 21 or over;
- They must have met each other;
- They must show that they either plan to get married, or register a civil partnership within a reasonable time (normally within the 6-month duration of the visa);
- They must plan to live together permanently;
- They must be able to maintain and accommodate themselves and any dependants without working or recourse to public funds.
Duration
Successful applicants will be granted leave to enter the UK for a period of six (6) months. Working on this type of visa is not allowed. Once the applicant has married or entered into a civil partnership, they can apply to change their visa status to a spouse visa (please see below for details).
Spouse (and unmarried partners) Visas
Introduction
Individuals who are married to, or in civil partnership with British citizens or persons settled in the UK, or returning to live in the UK permanently, can apply for permission to come to the UK, or to stay in the UK, on a spouse visa.
Unmarried partners who have lived together in ‘a relationship akin to marriage’ for at least two (2) years are also eligible to apply for spouse visas. In these cases, instead of showing that the couple have married or entered into a civil partnership, it must be shown that the unmarried relationship has existed for at least two (2) years.
General Qualifying Criteria
In order for this type of visa application to be viable, the following conditions must be met:
- Both the visa applicant and their partner must be aged 21 or over;
- They must have met each other;
- They must be legally married or have registered a civil partnership;
- They must intend to live permanently as husband and wife, or as civil partners;
- They must be able to maintain and accommodate themselves and any dependants without working or recourse to public funds.
Additionally, for applications made in the UK by individuals who are already in the UK on another visa category, the following conditions must be met:
- The visa applicant must not have remained in the UK in breach of the immigration laws;
- The marriage must not have taken place after a decision to deport or remove the visa applicant from the UK; and
- The marriage or civil partnership is existing and genuine (and not a marriage of convenience).
(Only one husband, wife, unmarried partner, or civil partner is allowed a visa for each British National / “settled” person under this category.)
Duration
If the application is successful, leave to enter or remain in the UK is given for 27 months. This is a probationary period, and once the visa holder has been living in the UK for at least two (2) years, they are eligible to apply for indefinite leave to remain in the UK.
