From Wiki
This concerns the process to bring your spouse or unmarried partner to live in the United Kingdom. The main UK visas website is UK Visas.
It is not acceptable to arrive in the United Kingdom as a tourist with intention to switch in-country to spouse status. To begin with, Immigration can (and will) refuse entry if they think this is planned. Second, it is generally impossible for people admitted to the UK as tourists to switch to another status in-country. Only if admitted for over 6 months is an in-country switch possible.
[edit] UK Spouse Visa
[edit] Requirements
- Sponsor must be a British citizen or permanent resident
- "Permanent Resident" can include a Right of Abode holder, Irish citizen, or EEA/Swiss citizen who has lived in Britain for 5 years.
- Usually sponsor (and applicant) must be aged 21 or over
- If not married, 2 years cohabitation is needed.
- Marriage or relationship must be genuine.
- Sponsor must show adequate provision for accommodation and other support needs for spouse in the United Kingdom. However, it is not usually necessary for the sponsor to move back to the UK first.
[edit] Obtaining Indefinite Leave to Remain (ILR)
- After 2 years living in the UK you may apply for Indefinite Leave to Remain.
- You must apply no sooner than 28 days before the end of your spouse visa. Do not let your spouse visa expire without applying for a new visa and keep copies/proof of everything.
- If you are not eligible for ILR you must apply for Further Leave to Remain, ie a continuation of your existing status.
[edit] After ILR
- After ILR, as soon as you have 3 years legal residence in the UK you may apply for British citizenship.
- Legal residence before ILR counts towards the 3 years.
- If your sponsor is not a British citizen, or you are not legally married, you must have 5 years legal residence including at least 12 months after ILR.
[edit] Persons Married for 4+ years outside UK
- If you have been married (or in an equivalent relationship) for more than 4 years outside the UK there is a quicker pathway to ILR.
- You may be issued a special type of spouse visa that allows you to upgrade immediately to ILR after doing the Life in the UK Test, ie, no need to wait the 2 years.
- In theory you could come to the UK as a tourist and sit the Life in the UK Test in advance, allowing issue of a visa leading to immediate ILR on admission to the UK. However, in reality this is difficult if the test administrators demand a Home Office reference number.
[edit] Spouse an EEA citizen?
If spouse is an EEA citizen then there is no need to obtain a UK spouse visa. However, some choose to do so in order to be eligible to apply for British citizenship more quickly. EEA citizens do not get Permanent Residence in Britain until after 5 years, and you can't apply for naturalisation without either ILR, PR or an equivalent.
[edit] EEA Family Permit
If you are a citizen of another EEA country or Switzerland you may sponsor your spouse or partner for an EEA Family Permit which can be converted to an EEA Residence Card once in Britain. This option is available even if you also hold British citizenship. It also applies to the spouses of British citizens who are returning to the UK after living in another EEA state.
- The requirements are simpler than for the UK spouse visa;
- They do have the right to check that the marriage/relationship is genuine, and if unmarried, there is 2 years cohabitation.
- Other than that, the age limit of 21 and the accommodation etc. requirements do not apply.
- Permanent Residence (PR) is obtained automatically after 5 years working in the United Kingdom (it is more complicated for students or home-makers).
- British citizenship can be obtained after PR, once the usual residence requirements are met.
- There are no fees, up to getting PR, but processing times are slow.
[edit] UK Spouse visa or EEA Permit - Choice?
Some people, such as dual British/other EEA citizens have the choice of which system to sponsor under. You have to make up your mind at the outset.
[edit] Advantages of EEA family permit
- Main advantage is absence of fees (fees still chargeable for citizenship)
- Can also be simpler if there are issues meeting accommodation/support requirements, or if either party is aged 18-20.
- Spouse may (in some instances) use the Resident Card to travel without a tourist visa in continental Europe (Schengen zone) if accompanied by the EEA citizen spouse. (note that US, Australian, Canadian, NZ and Brazilian citizens do not need Schengen visas for tourism, anyway).
- It is harder to make yourself accidentally illegal by forgetting to renew a visa stamp, as EEA stamps are confirmation of a right that already exists, not an application for such.
[edit] Advantages of UK spouse visa
- ILR is available after 2 years (or quicker for those married 4+ years outside the UK), much sooner than the 5 years for Permanent Residence under the EEA route.
- If either party is contemplating something other than working, the UK spouse visa avoids some of the complications of proving entitlement to Permanent Residence under the EEA route.
- Processing times at the Home Office are much quicker.
[edit] Other options
- Always check to see if spouse could be eligible for citizenship of another EEA state or Switzerland;
- Is there any option to obtain a visa, Right of Abode or British citizenship based on United Kingdom ancestry?
- If spouse is already working in the UK, is there an option to get ILR more quickly through employment?
