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Spouses, Civil Partners, fiancé/es and unmarried partners
Spouses and Civil partners:
In order to obtain an entry clearance, the parties must show that they are legally married according to the laws of the country in which the marriage took place or that they have contracted a legal civil partnership in a country in which such partnerships are recognised. These countries are listed at Schedule 20 of the Civil Partnership Act 2004, which includes Andorra , Australia , Belgium , Canada , Denmark , Finland , France , Germany , Iceland , Luxembourg , Netherlands , New Zealand , Norway , Spain , Sweden and a number of States of the USA ( California , Connecticut , Maine , Massachusetts , New Jersey , Vermont ).
The partied also have to demonstrate that they intend to live permanently together. This is described in Rule 6 of HC395:
“intention to live permanently with the other” means an intention to live together, evidenced by a clear commitment from both parties that they will live together permanently in the United Kingdom immediately following the outcome of the application in question or as soon as circumstances permit thereafter”.
Grant of leave to enter and remain:
Spouses or civil partners will be granted two years’ leave to enter or remain on completion of that “probationary period” can apply for Indefinite Leave to Remain.
The following conditions will have to be satisfied before Indefinite Leave to Remain is granted:
If a marriage or partnership ends during the probationary period the foreign national is expected to leave the UK as they will have no right to stay unless they qualify under another category.
However, in the two specified by the Immigration Rules situations, where the marriage ends because of particular compassionate circumstances outside the person’s control, they would be allowed to stay.
Bereaved spouses/partners
Bereaved spouses and partners will be granted indefinite leave to remain if the spouse/partner they joined died during the two year probationary period and if they can show that they were still living together and intended to do so permanently at the time of the bereavement.
Domestic violence
Victims of domestic violence may be granted indefinite leave to remain where the marriage/relationship breaks down during the initial two-year period provided they can produce evidence that the relationship was caused to permanently break down before the end of the two years as a result of domestic violence.
Fiancé/es and proposed civil partners
The purpose of the fiancé(e) or proposed civil partner visa is to allow a couple to come to the UK to get married or enter a civil partnership in the UK rather than abroad. Fiancé/es or proposed civil partners are granted six months’ leave to enter during which time they are expected to marry. They are not allowed to work during the six months period. At the end of the six months they will be expected to apply for the spouse to be granted leave to remain on the basis of their marriage. If the couple have not married or entered a civil partnership during that period they must show ‘good cause’ why the marriage or civil partnership has not taken place and that it will take place at an early date and can then apply for a further six months’ leave to remain as a fiancé/e or proposed civil partner.
Entry clearance is mandatory – it is not possible to switch into this category as a prelude to a full spouse application.
After the marriage, the spouse can apply for an extension as a spouse and will commence the two-year probationary period.
There are following requirements:
Unmarried partners are ruled by Immigration Rules 295AA to 295O.
The term “unmarried partners” is distinguished by the Immigration Rules from “civil partners”.
The rules for civil partners and spouses are essentially identical.
Unmarried partners, meaning either same or different sex partners who have lived together for at least two years, are treated similarly to spouses but not identically. For example, there is no provision for an unmarried partner to enter in an equivalent capacity to a fiancé(e) or proposed civil partner. However, there are equivalent provisions for the grant of settlement in the event of the breakdown of the relationship due to domestic violence or bereavement.
The requirements are the same as for spouses in respect of intention to live permanently with the other, maintenance and accommodation and prior entry clearance but the following requirements for an unmarried partner applicant differ from the spouse and civil partner requirements:
In order to obtain an entry clearance, the parties must show that they are legally married according to the laws of the country in which the marriage took place or that they have contracted a legal civil partnership in a country in which such partnerships are recognised. These countries are listed at Schedule 20 of the Civil Partnership Act 2004, which includes Andorra , Australia , Belgium , Canada , Denmark , Finland , France , Germany , Iceland , Luxembourg , Netherlands , New Zealand , Norway , Spain , Sweden and a number of States of the USA ( California , Connecticut , Maine , Massachusetts , New Jersey , Vermont ).
The partied also have to demonstrate that they intend to live permanently together. This is described in Rule 6 of HC395:
“intention to live permanently with the other” means an intention to live together, evidenced by a clear commitment from both parties that they will live together permanently in the United Kingdom immediately following the outcome of the application in question or as soon as circumstances permit thereafter”.
Grant of leave to enter and remain:
Spouses or civil partners will be granted two years’ leave to enter or remain on completion of that “probationary period” can apply for Indefinite Leave to Remain.
The following conditions will have to be satisfied before Indefinite Leave to Remain is granted:
- The parties are still married or living together in a subsisting relationship and have completed two years in that capacity.
- The couple intend to live permanently together.
- There will be adequate maintenance and accommodation for the couple without recourse to public funds.
If a marriage or partnership ends during the probationary period the foreign national is expected to leave the UK as they will have no right to stay unless they qualify under another category.
However, in the two specified by the Immigration Rules situations, where the marriage ends because of particular compassionate circumstances outside the person’s control, they would be allowed to stay.
Bereaved spouses/partners
Bereaved spouses and partners will be granted indefinite leave to remain if the spouse/partner they joined died during the two year probationary period and if they can show that they were still living together and intended to do so permanently at the time of the bereavement.
Domestic violence
Victims of domestic violence may be granted indefinite leave to remain where the marriage/relationship breaks down during the initial two-year period provided they can produce evidence that the relationship was caused to permanently break down before the end of the two years as a result of domestic violence.
Fiancé/es and proposed civil partners
The purpose of the fiancé(e) or proposed civil partner visa is to allow a couple to come to the UK to get married or enter a civil partnership in the UK rather than abroad. Fiancé/es or proposed civil partners are granted six months’ leave to enter during which time they are expected to marry. They are not allowed to work during the six months period. At the end of the six months they will be expected to apply for the spouse to be granted leave to remain on the basis of their marriage. If the couple have not married or entered a civil partnership during that period they must show ‘good cause’ why the marriage or civil partnership has not taken place and that it will take place at an early date and can then apply for a further six months’ leave to remain as a fiancé/e or proposed civil partner.
Entry clearance is mandatory – it is not possible to switch into this category as a prelude to a full spouse application.
After the marriage, the spouse can apply for an extension as a spouse and will commence the two-year probationary period.
There are following requirements:
- The parties have met.
- They intend to live together permanently as man and wife or civil partners after the marriage or civil partnership.
- They can maintain and accommodate themselves adequately without recourse to public funds.
- They have valid prior entry clearance.
Unmarried partners are ruled by Immigration Rules 295AA to 295O.
The term “unmarried partners” is distinguished by the Immigration Rules from “civil partners”.
The rules for civil partners and spouses are essentially identical.
Unmarried partners, meaning either same or different sex partners who have lived together for at least two years, are treated similarly to spouses but not identically. For example, there is no provision for an unmarried partner to enter in an equivalent capacity to a fiancé(e) or proposed civil partner. However, there are equivalent provisions for the grant of settlement in the event of the breakdown of the relationship due to domestic violence or bereavement.
The requirements are the same as for spouses in respect of intention to live permanently with the other, maintenance and accommodation and prior entry clearance but the following requirements for an unmarried partner applicant differ from the spouse and civil partner requirements:
- he/she is the unmarried partner of a person present and settled in the UK or who is being admitted for settlement at the same time; and
- the couple have been living together in a subsisting relationship for two years or more; or
- the person seeking entry is the partner of a person with a right of abode or indefinite leave to remain who is seeking admission for settlement and the couple have lived together outside the UK for four years or more (in which case indefinite leave will be granted, as for spouses); and
- any previous marriage or similar relationship has permanently broken down; and that
- the couple are not in a consanguineous relationship
