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ICS Legal UK Visa and Immigration Advice

03 - Sep - 2010

The leader in the field for immigration advice

Marriage and Spouse Visa

Spouse Visa, Marriage Visa, Civil Partners & Un-Married Partners

Partners Of British Citizens And People Settled In The United Kingdom

Spouse Visa & Marriage Visa - Partners of British citizens and people settled in the United Kingdom (Immigration Help in Newcastle)

If you are in a relationship with a person who is settled here, or is applying to settle here, you can apply for permission to enter or remain in the United Kingdom with a view to settlement as his/her:

If your application as a husband, wife, civil partner or unmarried/same-sex partner is successful, The Home Office will grant you permission to enter and live here for two years. Shortly before the end of these two years, you will be able to apply for permission to live permanently (also known as 'indefinite leave to remain') in the United Kingdom as a partner. (Refer to the Home Office website for more information).

If your application as a fiancé(e) or proposed civil partner is successful, The Home Office will grant you permission to enter and live here for six months while you get married or register your civil partnership. You can then apply to switch into the category of husband, wife or civil partner.

If you are a British citizen or settled in the United Kingdom and your partner has permission to enter or remain in one of the above categories, you must inform the Home Office if your relationship breaks down permanently before he/she has been given indefinite leave to remain.

The Home Office will not give you permission to enter or remain in the United Kingdom in any of the above categories if you or your husband, wife or partner will be aged under 21 on the date when you would arrive in the United Kingdom or the date when your permission to enter or remain would be given. For more information about the minimum age for applications as a partner, see New arrangements for partners on the Home Office website.

If you were given permission to enter or remain as a partner under the old Immigration Rules (which had a minimum age of 18) and you want to apply to settle in the United Kingdom, The Home Office will consider your application under the old Rules.

Spouse Visa & Marriage Visa - Partners of people who have limited permission to enter or remain in the United Kingdom as a worker or a student

If you want to apply for permission to enter or remain in the United Kingdom as the partner of a migrant who has permission or is applying for permission to work in the United Kingdom, go to the Working in the UK section for further information.

If you want to apply for permission to enter or remain in the United Kingdom as the partner of a migrant who has permission or is applying for permission to study in the United Kingdom, go to the Studying in the UK section.

Marriage Visa & Spouse Visa - Partners of people who have limited permission to enter or remain in the United Kingdom as a worker or a student

If you want to apply for permission to enter or remain in the United Kingdom as the partner of a migrant who has permission or is applying for permission to work in the United Kingdom, go to the Working in the UK section for further information.

If you want to apply for permission to enter or remain in the United Kingdom as the partner of a migrant who has permission or is applying for permission to study in the United Kingdom, go to the Studying in the UK section.

Spouse Visa | Marriage Visa | Immigration Help in Newcastle

Switching from another category (Marriage Visa) Immigration Help in Newcastle

If you entered the United Kingdom in a different category (for example, as a student), you may be allowed to switch into the category of husband, wife or civil partner if The Home Office have given you a total of more than six months' permission to live here since your most recent admission to the United Kingdom. This permission must have been given in accordance with the Immigration Rules, not 'exceptionally' (outside the Immigration Rules). For example, if The Home Office gave you permission to enter for three months and then permission to remain for five months, you have been given a total of eight months - which means you can apply to switch into the category of husband, wife or civil partner.

(The minimum of more than six months does not apply to you if The Home Office gave you permission to enter as a fiancé(e) or proposed civil partner, or as the husband, wife, civil partner or unmarried/same-sex partner of a Tier 1 Migrant, and you are still with the same husband, wife or partner.)

To switch into this category and be given permission to remain in the United Kingdom as a husband, wife or civil partner, you must also meet all of the following requirements:

you are married to or the civil partner of a person who is present and settled in the United Kingdom;
you and your husband, wife or civil partner will both be aged 21 or over on the date when The Home Office would give you leave to remain;
you have met your husband, wife or civil partner;
you have not remained in the United Kingdom in breach of the immigration laws;
your marriage or civil partnership did not take place after a decision was made to deport or remove you from the United Kingdom;
you and your husband, wife or civil partner intend to live together permanently as husband and wife or as civil partners, and the marriage or civil partnership is existing and genuine (not a 'marriage of convenience', for example);
there will be adequate accommodation for both of you and any dependants without the need for public funds, and at least part of that accommodation (for example, a bedroom) is for your and your partner's sole use; and
both of you will be able to maintain yourselves and any dependants adequately without needing public funds.
To find out how to apply for permission to remain in this category, please contact our team by clicking here

If your application is successful, The Home Office will give you permission to stay and work in the United Kingdom for two years. This is called your probationary period. At the end of the two years, you may apply to settle in the United Kingdom as the settled person's husband, wife or civil partner - this is called indefinite leave to remain.

Please note that, in most circumstances, you cannot marry or enter into a civil partnership in the United Kingdom unless:

you been given entry clearance expressly for the purpose of letting you marry or register a civil partnership in the United Kingdom; or
you have a Certificate of Approval to marry or register a civil partnership in the United Kingdom.

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