Fiance and Spouse Immigration
Law & Guidance
Individuals wishing to enter the UK on the basis of their relationship to a British national or a person present and settled in the UK do not have an automatic right of entry. Instead it is necessary to apply for a visa to enter the UK in the correct capacity. Prior entry clearance in these categories is mandatory.
Fiancé
The requirements to be met by a person seeking leave to enter the UK as a fiancé(e) are that:
- the applicant is seeking leave to enter the UK for marriage to a person present and settled in the UK or who is on the same occasion being admitted for settlement; and
- the parties to the proposed marriage have met; and
- each of the parties intends to live permanently with the other as his or her spouse after the marriage; and
- adequate maintenance and accommodation without recourse to public funds will be available for the applicant until the date of the marriage; and
- there will, after the marriage, be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and
- the parties will be able after the marriage to maintain themselves and any dependants adequately without recourse to public funds; and
- the applicant holds a valid UK entry clearance (visa) for entry in this capacity.
This visa is issued for six months during which time the applicant should marry his or her fiancé. An applicant cannot work in the UK whilst on a fiancé visa.
It is not normally possible to extend this type of visa, however, once married, the applicant will be able to apply to change his or her status to 'Spouse' whilst in the UK.
Spouse
The requirements to be met by a person seeking leave to enter the UK with a view to settlement as the spouse of a person present and settled are that:
- (a) the applicant is married to a person present and settled in the UK or who is on the same occasion being admitted for settlement; or
(b) the applicant is married to a person who has a right of abode in the UK or indefinite leave to enter or remain in the UK and is on the same occasion seeking admission to the UK for the purposes of settlement and the parties were married at least 4 years ago, since which time they have been living together outside the UK; and - the parties to the marriage have met; and
- each of the parties intends to live permanently with the other as his or her spouse and the marriage is subsisting; and
- there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and
- the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and
- the applicant holds a valid UK entry clearance (visa) for entry in this capacity, (if not already in the UK as a fiancé or in a long stay category). Leave to remain will normally be granted for a period of 24 months during which time the applicant can take employment. If the applicant continues to meet the requirements of the rules after 24 months, it will be possible to apply for indefinite leave to remain, (ILR or settlement as it is often referred to).
Unmarried partners
The requirements to be met by a person seeking leave to enter the United Kingdom with a view to settlement as the unmarried partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement, are that:
- (a) the applicant is the unmarried partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement and the parties have been living together in a relationship akin to marriage which has subsisted for two years or more; or
(b) the applicant is the unmarried partner of a person who has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is on the same occasion seeking admission to the United Kingdom for the purposes of settlement and the parties have been living together outside the United Kingdom in a relationship akin to marriage which has subsisted for 4 years or more; and - any previous marriage (or similar relationship) by either partner has permanently broken down; and
- the parties are not involved in a consanguineous relationship with one another; and
- there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and
- the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and
- the parties intend to live together permanently; and
- the applicant holds a valid United Kingdom entry clearance for entry in this capacity.
Leave to remain will normally be granted for a period of 24 months during which time the applicant can take employment. If the applicant continues to meet the requirements of the rules after 24 months, it will be possible to apply for indefinite leave to remain.
Procedure
If the applicant is not presently in the UK, he or she will need to apply for a visa to enter the UK in the correct capacity. The application should be lodged at the nearest British overseas post authorised to deal with such matters.
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Tier System
Tier 2 - Sponsored Skilled Workers
Tier 2 - Ministers of Religion
Permanent/Settlement Residence
It should be noted that as legal representatives we cannot present Tier 4 applications ourselves as the applicant needs to be present at the Border Agency to provide their biometrics.
