Family visas to the UK are aimed at those who have a genuine family relationship with a UK citizen. Children can usually be included as dependents of applicants on these and other types of visas, however, partners of UK citizens may have to fill out separate application procedures based upon their relationship with that person: Marriage, Fiancé(e), Unmarried Partner or European Economic Area (EEA) Marriage visa.
Family visas cover a wide range of circumstances. You may have a partner, husband, wife or fiancé who is a United Kingdom citizen or a permanent resident visa holder (European Economic Area citizen; if married). All these visas can lead to permanent resident visas.
Children who are under 18 years old are allowed entry to the United Kingdom as dependants, and can make their application at the same time as the main applicant.
If you are married to somebody settled in the UK, you can apply for a visa to join them there. You will initially be granted a two year extension to remain in the UK and upon expiry of this, can apply for indefinite leave to remain (permanent residence).
You can work full-time doing any type of work and travel in and out of the UK with no restrictions and can eventually apply for full citizenship and a British passport.
Marriage Visa Requirement:
1. Are you married or getting married to a person permanently settled in the UK?
2. Do you want to settle in the UK because of your marriage?
3. Does the person settled in the UK work full-time?
4. Does the person in the UK have a accommodation for you both?
5. Would you like to work once you are in the UK?
Fiancée Visa:
If you have a fiancée in the UK, you can apply for a 6 month fiancée visa to join your UK settled fiancée before your wedding and then switch to a marriage visa whilst you are in the UK.
Dependent Visa:
If you want to join your partner or parents in the UK as their dependent, this could be the visa for you. Maybe your partner or parents are in the UK on a work permit, are studying in the UK, and are working under the highly skilled migrant programme or in the UK on a different visa. If so, there may be a possibility to join them. Our highly trained consultants can tell you whether you will be able to do so and make a successful visa application for you.
Same-sex partnerships/Unmarried partners:
The immigration rules allow for applications to be made to enter or remain in the United Kingdom on the basis of relationships where the couple are not married or in a civil partnership.
Opposite sex couples who are not married are referred to as “unmarried partners”, same sex couples who are not in a civil partnership are referred to as “same sex couples”. The rules are the same whether an unmarried or same sex partner.
These rules not only apply to people in relationships with British citizens but also to people in relationships with UK permanent residents and to other nationals who have certain types of limited stay in the United Kingdom. There are also very similar provisions for the unmarried and same sex partners of European Economic Area nationals who are living in the United Kingdom – these are dealt with by the European Law concept of “durable relationship”.
The immigration rules require that the couple must be living together in a relationship “akin to marriage or civil partnership” who has continued for two years or more. This is interpreted by the Home Office and Embassies abroad to mean two years’ cohabitation and strong evidence of this cohabitation will be needed.
There are a number of other requirements to the rules which can be read in full at paragraph 295 AA onwards of the immigration rules.
If you plan to make an application yourself you must read these rules and the Home Office policy section thoroughly as this page only provides a very brief overview. The partners of EEA nationals should follow the European guidance specific to them.
The appropriate place to make the application (in the UK or outside), the form to be used, and the length of stay to be granted, all depend on the particular circumstances of the couple.
Many applications fit clearly within the rules but many people do find it difficult to meet the cohabitation requirement or have a difficult immigration history. If this is the case, we can help. If you are in a committed relationship, no situation is hopeless!
Same-sex partnerships: civil partners
The Civil Partnership Act 2004 came into force on 5 December 2005. A civil partnership can form the basis of an application to remain in or enter the United Kingdom. The rules mirror those for spouses.
The crucial difference between civil partners and “same sex partners” is that civil partners do not need to show a prior period of cohabitation for an application to be successful.
It must be remembered, though, that to all intents and purposes, civil partnership is “gay marriage” and, as with marriage, there are responsibilities as well as rights. A civil partnership should never be entered into without an understanding of those rights and responsibilities.
Applications can be made by the civil partners of British citizens, UK permanent residents, European Economic Area nationals who are living in the United Kingdom and of other nationals who have certain types of limited stay in the United Kingdom. Also, certain overseas same-sex unions are recognized as being equivalent to civil partnership and can be used as the basis of an application.
The appropriate place to make the application (in the UK or outside), the form to be used, and the length of stay to be granted, all depend on the particular circumstances of the couple. Also, couples must consider how they will enter into the civil partnership as the ‘foreign partner’ will need the permission of the Home Office if in the United Kingdom or will need a proposed civil partner of visa if coming from abroad to enter into a civil partnership.
If you plan to make an application yourself you must read the Immigration Rules relating to civil partnerships and the Home Office policy section thoroughly as this page only provides a very brief overview. The partners of EEA nationals should follow the European guidance specific to them.
This firm was has successfully represented many civil partners and prospective civil partners already and we are happy to advice in any situation.
