Best Law Firm in London

FAMILY VISA: APPLYING AS A PARTNER OR SPOUSE

You may apply for a family visa if your partner is a British citizen or of ILR status (for more than 6 months) and you wish to live with them. Under this circumstance, you may also apply for a Partner Visa.

 

A “partner” is recognised as one of the following:

 

  • Civil partner
  • Fiancé(e) or proposed civil partner or
  • A person you have been co-habiting with through a relationship that mirrors a marriage or civil partnership for 2 years and over from before the date of application

 

Eligibility Criteria:

 

In order to be eligible for this visa and the partner visa, both you and your partner must be over 18 and intend to permanently live together in the UK.



Your partner must:

 

  • Be a British or Irish citizen.
  • Be settled in the UK with ILR, settled status or proof of permanent residence.
  • Be from the EU, Switzerland, Norway, Iceland or Liechtenstein and have pre-settled
    status (must have been living in the UK before 1 January 2021).
  • Have Turkish Worker visa or Turkish Business person Visa.
  • Have either humanitarian protection in the UK of be of refugee status.

 

Proof of eligibility:

 

You must meet some conditions to apply for a Partner or Spousal visa, you must:

 

  • Have cohabited for a minimum of two years under a marriage or a UK recognised civil partnership relationship.
  • Provide evidence of your ability to financially support yourself and dependents.
  • Have a good acquirement of English language either through an academic qualification, taking an approved English Language test or simply be being a national of a majority English speaking country.

 

If you are a fiancé, fiancée or proposed civil partner, you will need to prove that you will marry or enter into a civil partnership in the UK within 6 months of your arrival. If COVID-19 has forced delay to wedding or civil ceremony, you may be able to request to extend your stay.


You must prove that:

 

  • any previous marriages or civil partnerships have ended
  • you plan to marry or become civil partners within 6 months of arriving in the UK

In some instances, you may apply for a partner visa regardless of not meeting these requirements. These include:

 

  • If you have a British or Irish citizen child in the UK, or a child who has lived in the UK for 7 years and would therefore be unreasonable for them to leave the UK.
  • If you and your partner would face significant difficulties that could not be overcome if you were to live together as a couple outside the UK.
  • If it would breach your human rights to stop you coming to the UK or make you leave

 

What you can do:

  • Work and study in the UK

 

What you cannot do:

  • Claim public funds
  • Work during your engagement if you are applying as a fiancé, fiancée or proposed civil partner.

 

Length of stay:

 

The visa grants length of stay for 2 years and 9 months. If you switch your visa  or choose to extend, you can remain in the UK for a further 2 years and 6 months.

If you are applying as a fiancé, fiancée or proposed civil partner, you can stay for 6 months.

After living in the UK for 5 years, you can apply for Indefinite Leave to Remain (also known as ILR, or permanent residence).

 

  • You can enter and remain in the UK for up to 2.5 years after being approved.
  • You can make application to extend your visa after 2.5 years (this would be valid for 2 years).
  • You may be granted permission to reside in UK permanently after 5 years of living in the UK under the family visa category.
  • After 1 year of ILR, you may apply for British Citizenship category.

 

Dependents:

  • You may add dependent children under the age of 18 to your application to join you in the UK as your dependent.
  • You must prove that you have enough funds to support your dependents and yourself.
  • The dependents will be able to work like the applicant and will have the same period of leave as the applicant.

FAQs:

Application for partner visa should be made at the earliest, 3 months before you plan to be in the UK.

If applying from the UK, you should apply no more than 3 months before your current visa expires.

  • The visa application takes between 8 to 12 weeks for the Home Office to confirm decisions for applicants from outside the UK. following submission. The timeline may currently be longer due to the COVID-19 pandemic.
  • It takes up to 8 weeks for the Home Office confirm a decision on applications from within the UK following submission. COVID-19 restrictions may have increased the timeline.

 

If your country offers a Priority Service then you can apply for it at an extra cost:

 

  • Priority Service: Collection within 5 working days
  •  Super Priority Service: Collection within 24 hours

If you are already living in the UK on a Partner Visa, you can extend your visa to remain in the UK longer to achieve ILR status. In order to apply for extension, you must have lived in the UK for 2.5 years and must resubmit evidence of yours and your partner’s relationship.

Application for extension of dependants’ visas should be made at the same time as your extension application. If this I not possible, application of their extension must be made before their current visa expires.

Contact White Horse Solicitors & Notary Public for expert advice by experienced professionals on all areas of Immigration law. The many conditions and immigration requirements that must be met are handled by White Horse Solicitors and Notary Public with excellent professionalism, reliable conduct and integrity. We will ensure that our advice focuses on your personal circumstances and will always aim to achieve brilliant results for our clients.

 

White Horse Solicitors & Notary Public is well placed and highly qualified in providing professional advice and assistance on making an application for Family Visa. We recommend getting in contact with us on 020 7118 1778 for our specialist and professional advice on such an application before any action is taken.

The information contained on this page is sourced from UK Visas and Immigration and is subject to change. White Horse Solicitors & Notary Public makes every effort to keep this information current, however prices and information cannot be guaranteed and should always be checked on www.gov.uk.

Get a quote

Notices