FAMILY VISAS - For all queries please call us on 020 8346 3448 or email us at brendan@bederlaw.com

Please note that this guide is aimed at individuals coming to the UK in a ?private? or a family capacity. Family visas to the UK are aimed at those who have a genuine family relationship with a UK citizen.

Marriage
Unmarried partners
Fianc?/e of an UK Citizen, permanent resident or EU Citizen

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Marriage

Spouses of UK citizens or permanent residents (mainly those with indefinite leave to remain) may come to the UK under marriage visa category, and are able to work as soon as a visa is granted. You will need to meet the following marriage visa requirements:

If you have been together for less than four years you are granted a marriage visa for a probationary period of two years. If you are still married and living together at the end of two years in the UK permanent residence (properly known as indefinite leave to remain) will usually be granted.


If you have been together for four years or more outside the UK you will be granted indefinite leave to remain (permanent residence) in the UK without having to live in the UK for two years.


The UK citizen or permanent resident must have actually met their non-UK spouse. This is to prevent a situation that occurs sometimes in arranged marriages where the husband and wife have never met.


You must intend to live together permanently with your spouse.


You must possess sufficient funds to pay you and your spouse's living expenses and those of any dependants without claiming public funds. Public funds cover various benefits paid by the Government if you are currently looking for work, if you are on a low income and if you are in various other situations.


Accommodation for the couple, and any dependants, must be suitable and available.


Spouses seeking to come to the UK on the basis of marriage to a UK national should apply for entry clearance before entering the UK.


If you have a visa valid for six months or less in the UK you cannot change status to a spouse visa.


Children of the marriage who are under 18 years old are allowed entry to the UK as dependants, and can make their application at the same time as the main applicant.


After a total period of three years in the UK if you meet the residence requirements you may then apply for UK citizenship.



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Unmarried Partners

It has been possible since 1997 for unmarried partners both in a heterosexual and same sex relationship to gain entry to the UK. These sorts of applications tend to be more difficult than those based on marriage as you need to show that you have been together for two years and that it is a permanent relationship. The requirements since April 2003 are as follows:

You have to show that any previous relationship whether in marriage or as an unmarried couple has ended.


You should have been living together for at least two years in a relationship similar to marriage. You will need to provide documentary evidence confirming that you have been living together for this time.


If you have been together for less than four years you are granted a visa for a probationary period of two years. If you are still living together at the end of two years in the UK permanent residence (properly known as indefinite leave to remain) will usually be granted.


If you have been together for four years or more outside the UK you will be granted indefinite leave to remain (permanent residence) in the UK without having to live in the UK for two years. Again, you will need to provide documentary evidence proving this.

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Fianc?/e of an UK Citizen, permanent resident or EU Citizen

The requirements for immigration to UK as a Fiance/ee are very similar to the rules for married couples. You may wish to consider very carefully whether it is best to marry first and then apply for entry as this will avoid the necessity of making a fiance/e application and then a second application to remain as a spouse. However, please note that it is no longer possible for most visitors to change status to a spouse visa. The basic requirements for immigration to UK are as follows:

You are granted entry to the UK for a period of six months during which time you must marry your fianc?/e in the UK. If there are exceptional reasons for delaying marriage until after the initial six months an extension to stay in the UK may be granted.


You will not be permitted to work in the UK on the fiance/ee visa, and you and your fiance/e must show that there will be sufficient funds and accommodation in the UK without requiring public funds before and after the marriage. Public funds cover various benefits paid by the Government if you are currently looking for work, if you are on a low income and if you are in various other situations.


You should apply for a marriage visa from within the UK when you are married, and will then be eligible to work freely in the UK.