If you are British or have Indefinite Leave to Remain in the UK you can apply to bring your partner to the UK by making an online application under the spouse/partner route. If you are not married, or in a civil partnership, then you will need to have cohabited with your partner for a period of 2 years prior to the application.
The Home Office have recently tried to streamline the process, using a similar online application for both in-country and out of country applications. The requirements remain the same as those introduced when the rules changed in July 2012 but now with the option to upload supporting documents electronically.
There are a number of requirements which each need to be met and supported by the requisite evidence. The rules require an Applicant to prove:
- Their suitability - So their immigration history is looked at as well as any criminal history and even if there is any debt owed to the Home Office.
- Relationship - That they have met their partner, that they are not closely related outside of marriage and that they were both free to marry.
That they are in a genuine and subsisting marriage or civil partnership or have lived together for 2 years.
That they intend to live together with their spouse, civil partner or partner permanently.
- Financial means - That the UK Sponsor earns a gross annual salary of £18,600 plus an additional £3,800 for a child applying at the same time and an additional £2,400 for each further child applying. Alternatively that the UK sponsor has sufficient savings. There are other ways of meeting the financial requirement and our legal team can discuss this with you if you have queries.
Some UK sponsors may be exempt from meeting the above financial threshold if in receipt of certain benefits, and instead will have to meet a financial level known as ‘adequate maintenance’ instead.
- Adequate accommodation - That there is adequate accommodation for the couple to reside in, as defined by the Housing Act 1985.
- English Language - Some nationalities are exempt if they are from a majority English speaking country, but otherwise the Applicant will need to prove they have a sufficient level of English.
Individuals from some countries are also required to provide a valid TB clearance certificate.
If an application is successful, an Applicant will be initially granted a 30 day visa, stamped in their passport, to enable them to travel into the UK. Once here, they have to collect their Residence Permit from a local Post Office which will be endorsed with a 30 month stay. This gives them a right to live and work in the UK. Before the expiry of this visa the Applicant must apply to renew the leave showing all of the requirements are still met.
If an application is refused there is a right of appeal on the basis of a breach of human rights.
If you have any queries or are interested in applying for this type of visa, then please contact a member of our experienced Immigration team on 0808 166 8831.
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