Applicable to spouses and partners of British Citizens, this category is for those who are settled in the UK (have indefinite leave to remain or permanent residence) or have refugee status/humanitarian protection in the UK
You are allowed to bring your dependant children aged 18 or under, then eventually after 5 years continuous residence, you may have the right to reside in the UK permanently and ultimately qualify for British Citizenship.
Immigration for spouses, fiancés and partners is arguably more difficult then ever. The law is complex and UK Visas and Immigration have strict rules on the documentation required to support applications. If the correct documents are not submitted in precisely the format required, the application will fail.
At LUPINS, we continue to have a successful track record for our clients even in situations where a previous application has been refused prior to us being asked to take on the case.
The following is a basic overview. Please note that there is no substitute for seeking advice directly from one of our experts, as every case is different and the law is constantly changing.
You must be a partner as defined in the immigration rules, which means you must prove that you are one of the following:
Your partner must be either:
If I am already in the UK, can I switch to a marriage, partner or fiancé visa?
You cannot normally switch into this visa if you have permission to be in the U.K as a visitor or your current visa is valid for 6 months or less. In these circumstances, you will normally need to leave the UK and apply for a family visa from your usual country of residence.
If for any reason you are unable to travel outside the United Kingdom, our experts can advise you on the merits of making what will in effect be an application outside the rules and potentially on human rights grounds.
These last 2 requirements are subjective. However our immigration experts will advise you on how best you can demonstrate you satisfy these requirements with reference to the specific circumstances of your case.
You and your partner must have a combined income of at least £18,600 per annum. This is called the “minimum income requirement”. This requirement increases if you are bringing children to the United Kingdom:
Types of Income you can use:
The Immigration Rules specify the different types of documentation that will be required in order to demonstrate you satisfy the minimum income requirement. These rules are complex and if any document fails to meet the requirements, the application will be refused.
Combining Sources of Income to meet the minimum income requirement:
You and your partner can combine your incomes including savings in order to satisfy the minimum income requirement. However, the rules are complex and in some circumstances specific types of income and savings cannot be combined.
We therefore recommend that you seek expert legal advice prior to making any application that involves combining sources of income.
At LUPINS we have extensive experience in handling marriage, partner and fiancé visas and can advise you on the best way with reference to your particular circumstances as to how you can satisfy the minimum income requirement.
When you don’t need to meet the minimum income requirement:
If you get certain benefits, for example disability living allowance or carers allowance, you will not need to meet the income requirement. However, you and your partner will need to show that you have enough money to adequately support and accommodate yourselves and any dependants without relying on public funds.
In summary, this means that your income after housing costs have been taken into account, must exceed income support levels.
Unless you are over 65, have a physical or mental condition that prevents you from meeting the language requirements or you are a national of one of the following countries, you will need to prove your knowledge of the English language. The countries are:
Antigua & Barbuda
St Kitts & Nevis
St Vincent & Grenadines
Trinidad & Tobago
You must either take an approved English language test with an approved English language test centre at a minimum of Common European Framework (CEFR) Level A1 in Speaking and Listening.
Alternatively, if you have a degree or academic qualification that was taught or researched in English or your qualification is recognised by UK NARIC as being equivalent to a UK Bachelor’s degree or higher, you will not need to take the test, but will need to send your degree certificates or a certificate from UK NARIC confirming the qualification is recognised.
When extending your stay after 2 ½ years, you will need to take the CEFR Level A2 test.
You will get permission to stay for 2 ½ years, or for 6 months if you are applying as a fiancé, fiancée or proposed civil partner.
After this, you can apply to extend your stay. After you have lived in the UK for 5 years continuously with permission to stay as a partner, you may be able to apply to settle in the UK Please note that you cannot count any permission to stay in the UK as a fiancé, fiancée or proposed civil partner.
Our overriding aim, is to not only ensure that you obtain your visa to enter the UK, but also to make sure that you are in the best possible position to make a successful application for your extension of stay and ultimately settlement. Once you have been settled in the UK for 12 Months, you may be eligible to apply for Naturalisation as a British Citizen should you so wish. At LUPINS, we can also help you with your applications for British Nationality.
We will ensure that you have the correct documentation that proves you fulfil all the requirements of the immigration rules.
Put simply, our immigration solicitors will hold your hands throughout the process,
liaising with all relevant government bodies, including UK Visas and Immigration,
British Consulate, overseas agents and where necessary the courts.