UK - Husbands, wives and partners

This guidance explains what you will need to do if you want to settle in the United Kingdom (UK) as the husband, wife, civil partner, fiancé, fiancée, proposed civil partner, or unmarried partner or same-sex partner of someone who is coming to the UK or is already 'present and settled' (see the relevant section of this leaflet) in the UK.
This guidance also explains what the Immigration Rules say. It is only a guide but it aims to answer some common questions on your queries. You can also consult with OCS-Consultants for more information on this visa category.
If you want to come to the UK as the husband, wife, civil partner, or unmarried or same-sex partner of someone who is not settled in the UK (for example a work permit holder) please read the appropriate guidance on this website.

 Can I join my husband, wife, civil partner, fiancé, fiancée or proposed civil partner in the UK?
You can apply to join your husband, wife, civil partner, fiancé, fiancée or proposed civil partner in the UK as long as:
  • - They currently live and are settled in the UK, or
  • - They are coming to live permanently in the UK, and
  • - They are not under 18
How do I qualify to join my husband, wife or civil partner in the UK?

You must show that:
  • - You are legally married to each other or are in a civil partnership recognised in the UK
  • - Your husband, wife or civil partner is present and settled in the UK (see the next section)
  • - You both intend to live together permanently as husband and wife or as civil partners
  • - You have met each other before
  • - You can support yourselves and any dependants without any help from public funds
  • - You have suitable accommodation, which is owned or lived in only by you and your household, and where you and your dependants can live without any help from public funds
  • - Your husband, wife or civil partner is not under 18, and
  • - You are not under 18.
If your husband or wife has more than one wife or husband, only one will be allowed to join them in the UK.At first, you will be allowed to stay and work in the UK for two years. Near the end of this time, if you are still married and intend to continue living together, you can apply to stay permanently in the UK.The UK Border Agency will deal with your application to stay permanently in the UK. Shortly before the end of your probationary two years Leave to Enter (LTE) period you will need to apply for Indefinite Leave to Remain (ILR). When you do this you will have to provide at least 6 documents or letters addressed to you, or jointly with your spouse or partner at the same address, as evidence that you have been living together during the past two years.  The dates of the letters or documents should also be from at least 3 different sources. The UK Border Agency will charge a non-refundable fee for your application to remain indefinitely in the UK.If you and your husband, wife or civil partner have been living together outside the UK for four years or more, and you meet all the necessary requirements to stay permanently in the UK, you may be granted indefinite leave to enter. These requirements include showing that you have the necessary level of knowledge of the English language and life in the UK.

 What does 'present and settled' mean?
‘Settled’ means being allowed to live in the UK lawfully, with no time limit on your stay. 'Present and settled' means that the person concerned is settled in the UK and, at the time they are considering your application under the Immigration Rules, is in the UK or is coming here with you, or to join you and plans to live with you in the UK if your application is successful.

How do I qualify to join my fiancé, fiancée or proposed civil partner in the UK?
You must show that:
  • - You plan to marry or register a civil partnership within a reasonable time (usually six months)
  • - You plan to live together permanently after you are married or have registered a civil partnership >
  • - You have met each other before
  • There is somewhere for you and your dependants to live until you get married or register a civil partnership, and you will be able to live without help from public funds, and
  • - You and your dependants can be supported without working or claiming any help from public funds.
You will be allowed to stay in the UK for six months but without permission to work. When you are married or have registered a civil partnership, you can apply for a two-year extension to your visa and, if your application is granted, you will be allowed to work. Near the end of this time, you can apply to stay in the UK permanently. Before they can give you permission to stay in the UK permanently, you will need to pass the 'Life in the UK' test.

Can I join my unmarried or same-sex partner in the UK?
You can apply to join your unmarried or same-sex partner in the UK, as long as:
  • - They currently live and are settled in the UK, or they are coming to live permanently in the UK, and
  • - You are aged over 18 and your sponsor is over 18.
How do I qualify to join my unmarried or same-sex partner in the UK?
You and your unmarried or same-sex partner must show that:
  • - Any previous marriage, civil partnership or similar relationship, has permanently broken down
  • - You have been living together in a relationship similar to marriage or civil partnership for two years or more
  • - You have suitable accommodation which is owned or lived in only by you and your household, and where you and your dependants can live without any help from public funds
  • - You can support yourselves and any dependants without any help from public funds
  • - You intend to live together permanently
  • - Your partner is not under 18, and
  • - You are not under 18.
The Entry Clearance Officer will need to see evidence of a two-year relationship. This may include:
  • - Documents showing joint commitments, such as bank accounts, investments, rent agreements or mortgages, and
  • - Letters linking you to the same address, and official records (such as a gas or electricity bill or proof of your rent or mortgage arrangements) of your address
At first, you will be allowed to stay and work in the UK for two years. Near the end of this time, if you are still partners and intend to continue living together, you can apply to stay permanently in the UK.If you and your unmarried or same-sex partner have been living together outside the UK for four years or more and you meet all the necessary requirements to stay permanently in the UK, you may be granted indefinite leave to enter. These requirements include showing that you have the necessary level of knowledge of the English language and life in the UK.

Do I need a visa?
You must get a visa before you travel to the UK as a husband, wife, civil partner, fiancé, fiancée, proposed civil partner, or unmarried or same-sex partner.The rules for going to the UK are different if you or your husband, wife or civil partner (your 'sponsor') are a national of another member state of the European Economic Area (EEA) or Switzerland. EEA members are the member states of the European Union, plus Iceland, Norway and Liechtenstein. The rules are also different if you can claim British citizenship or another connection with the UK, for example through a parent or grandparent.

How do I show that I have the necessary knowledge of language and life in the United Kingdom?
Anyone applying to stay permanently in the United Kingdom after 2 April 2007 is required to show that they have the necessary level of knowledge of the English language and life in the United Kingdom.

You can do this by:

  • - Going on an approved English for Speakers of Other Languages (ESOL) course which includes a citizenship section, or
  • - Passing the 'Life in the UK' test.
  • - You can only take the ESOL course and the 'Life in the UK' test in the United Kingdom.
What supporting documents should I include with my application?
You should include all the documents you can to show that you qualify for entry as a husband, wife, civil partner, fiancé, fiancée, proposed civil partner, or unmarried or same-sex partner. If you do not, Immigration Department may refuse your application.As a guide, you should include the following:
  • - Your original birth certificate.
  • - Your original marriage certificate (if you are married) or your original civil partnership certificate (if you have registered a civil partnership).
  • - Recent bank statements or savings books for your sponsor and evidence of your sponsor's employment in the UK, which could include payslips to show what financial support you have.
  • - Evidence of your accommodation, such as a mortgage agreement or rental agreement, and evidence that you and your dependants can stay in this accommodation if it is rented or provided by your local authority.
  • - Letters from you and your sponsor that are relevant to your application.

    If you have been married or in a civil partnership before, one of the following original documents:
  • - A divorce certificate
  • - A final dissolution order, or
  • - Your or your sponsor's previous husband's, wife's or civil partner's death certificate
  • - Evidence that your sponsor is settled in the UK. (This can be a copy of their passport or registration certificate that has been confirmed as a true copy, in other words 'certified').
What will happen when I make my application?
The Entry Clearance Officer will try to make a decision using your application form and the supporting documents you have provided. If this is not possible, they will need to interview you.

Please check your visa when you get it. You should make sure that:
  • - Your personal details are correct
  • - It correctly states the purpose for which you want to come to the UK, and
  • - It is valid for the date on which you want to travel.
If you have been granted entry clearance as a husband, wife, civil partner, or unmarried or same-sex partner, you will need to enter the UK within 28 days of the start date shown on your visa. You should tell the Entry Clearance Officer the exact date on which you will be travelling before your visa is issued. (You can ask for it to be post-dated for up to three months if you do not plan to travel immediately).

Warnings - Drugs warning
Anyone found smuggling drugs into the UK will face serious penalties. Drug traffickers may try to bribe travellers. If you are travelling to the UK, avoid any involvement with drugs.

Warning - False documents
It is better to explain why you do not have a document than to submit a false document with an application. Applicants will be automatically refused and may be banned from coming to the UK for 10 years if they use a false document, lie or withhold relevant information.  They may also be banned if they have breached immigration laws in the UK.

Travellers to the UK who produce a false travel document or passport to the UK immigration authorities for themselves and/or their children are committing an offence. People found guilty of this offence face up to two years in prison or a fine (or both).