Applications on the Basis of Marriage

If you are married, engaged or the unmarried partner of someone who is settled in the UK and has no limit on their stay here, you may be able to make an application to come and live with your partner in the UK.

In this section we give a brief guide as to the requirements you will need to fulfil in order to succeed in this type of application. We can also advise and help you to prepare this type of application.

Applications for permission to enter the UK as a spouse, fiancé(e) or partner of someone settled here must generally be made outside the UK at the nearest in your country of residence.

However, if you are already in the UK, and you have permission to enter or remain for more than six months and you are not a visitor, or a student on a course of 6 months or less, it may be possible for you to apply to switch or extend your current permission to remain on the basis of your marriage or relationship. If you are in the UK and wish to make your application whilst you are here, then you should seek further advice about this.

     Spouses

As stated above, you will generally need to make an application for a visa (called Entry Clearance) to the UK at your nearest UK Embassy. A list of United Kingdom Embassies and High Commissions can be found at the Foreign and Commonwealth Office website. http://www.britishembassy.ie/

Once your application has been submitted, either in person or by post, you will be asked for an interview about your application. You will then receive a decision. If your application is successful, you will be granted permission to enter for two years in the UK. At the end of the two years, you will be able to apply for permission to remain indefinitely, provided you still meet all of the necessary requirements.

In order for your application to succeed, you will need to satisfy the Entry Clearance Officer of the following:

1. That you are married to a person present and settled in the UK or who is applying for settlement at the same time as you.
   Therefore your spouse will normally either be a British citizen, or has permission to remain in the United Kingdom indefinitely.
2. You and your spouse must have met each other.
3. You must show that you intend to live together permanently and that your marriage is subsisting.
   This can be difficult to prove. You should provide as much documentary evidence of the relationship and marriage as possible, for example, letters or emails that you have sent when you have been apart, telephone records, photos and details of your wedding. You will also need to provide your original marriage certificate and the original decree absolute of divorce if either you or your spouse have been married previously.
4. You must show that there will be adequate accommodation for you both without the need for you to claim any public funds in the UK.
   To fulfil this requirement, you will need to show that you have accommodation available in the UK which is suitable for you both and any other members of your family. You must show that you will be able to live in a property which is large enough so that two persons over the age of 10 of opposite sexes (who are not in a couple) do not have to sleep in the same room.
   You should provide a copy of your tenancy agreement or mortgage details as evidence of this.
5. You must show that you and your spouse are able to maintain yourself and any dependants without claiming public funds.
   If your spouse is in receipt of benefits, this does not preclude you from making this type of application but you will need to show that you will have sufficient income to cover all of your outgoings without needing to claim any further benefits. If your application is successful, you will be allowed to work here so details of any offers of employment will assist in proving this, together with details of your spouse’s income and any savings you both have.
   You will need to provide proof of your income for the past three months.

We can advise you in relation to making an application of this kind and can assist in preparing the application. In doing so we would make detailed representations in support of your application to the High Commission in order to give it the greatest chance of succeeding.

The Entry Clearance Officer will have a general discretion to allow your application even if you are unable to meet one or more of the criteria listed above. However it will be necessary to make full representations in support of your application in such circumstances to explain why you are not able to meet the requirements and why your application should still succeed.

If your application is for any reason unsuccessful, you will be given the reason for this in writing. You have the right of appeal against this decision and again we can assist with this.

If your application is successful you will have permission to work in the UK during the course of the two-year probationary period.

     Fiancé(e)s

If you would like to join your fiancé(e) in the United Kingdom and marry here, this is also possible. The requirements are very similar to those of a marriage application.

You will need to show the following:

1. That your partner is present and settled in the United Kingdom.
2. That you and your partner have met.
3. That you and your partner intend to live together permanently after marriage.
4. That you and your partner have sufficient funds to maintain and accommodate yourself until the marriage takes place.
5. That you can maintain and accommodate yourselves without recourse to public funds after the marriage.

If your application is successful you will be granted permission to enter for six months. During this time you will not be able to work.

After your marriage you will be able to apply for an extension of your permission to remain as a spouse and this application can be made from within the United Kingdom. If you are successful, you will be granted a permission to remain for a further two years. Your application can either be made to the Home Office by post for the fee of £335. Alternatively, your application can be made in person at the Public Caller Office of the Home Office in London, however, the fee for this type of application is £500. These applications are normally decided on the same day. It very is important that your application is submitted before your current permission to remain expires and should normally be made around a month before it will end.

In order for your application to succeed you will need to show that you fulfil all the requirements listed in relation to applications on the basis of marriage.

If you do not marry within six months, you may be able to get an extension of your permission to remain before your current permission expires, provided you can show good reason as to why the marriage has not taken place and that it will take place in the very near future.

     Unmarried partners

You can also in certain circumstances, apply for permission to enter or remain as an unmarried partner of someone present and settled in the United Kingdom.

The main provisions that you will need to satisfy in order to qualify for permission to remain under this category are:

1. Any previous marriage (or similar relationship) by either partner has permanently broken down; and
2. You are the unmarried partner of a person who is present and settled in the United Kingdom; and
3. That you and your partner are not related by blood, and
4. You and your partner have been living together in a relationship akin to marriage which has subsisted for two years or more; and
5. There will be adequate accommodation for you, your partner and any dependants without recourse to public funds in accommodation which you own or occupy exclusively; and
6. That you and your partner can maintain yourselves and any dependants adequately without recourse to public funds; and
7. That you and your partner intend to live together permanently.

 

     Permission to remain in the United Kingdom permanently

Once you have completed two years’ permission to remain in one of these categories, you can submit an application for settlement (called Indefinite Leave to Remain) in the UK. You should make this application around one month prior to the expiry of your current permission to remain.

You will need to show that you are still married or living together for unmarried partners and that your relationship is subsisting. You must show that you intend to live together permanently and that you can still maintain and accommodate yourself without public funds.

There is a further application fee of £335 if the application is made by post or £500 if the application is made in person.

If your spouse is a British citizen, once you have been in the United Kingdom for three years and have been granted permission to remain indefinitely, you may be able to apply for British citizenship. If your partner is not British, you may qualify for British citizenship after you have been here for five years.

 

     Same Sex Partners

Recently a Civil Partnership bill was passed by Parliament. The Civil Partnership Act is due to come into force later this year. The Act makes provisions for same sex couples to enter into a “Partnership Agreement” which will legally bind them in similar way to marriage between heterosexual couples.

There are proposals in place for the Immigration Rules to be amended so that the rules for a couple in a Civil Partnership will reflect the current rules relating to spouses. This will mean that couples can apply for leave to enter or remain in the UK under a new category called Civil Partners. The requirements under this category will be the same as described above in the section on Spouses. You will need to satisfy the Home Office or Entry Clearance Officer that your relationship is genuine and you intend to live together permanently and that you can maintain and accommodate yourselves without recourse to public funds.

There is currently no official time frame for the introduction of this new category although it is expected to come into effect towards the end of this year or early 2006.

Same sex couples who do not wish to enter into a Civil Partnership will still be able to apply for leave to enter or remain under the Unmarried Partner Rules (see above).

There is also a proposal for a new “fiancé(e)” type of application for couples who intend to enter into a Civil Partnership following their arrival in the UK with a view to applying for further leave to remain as a Civil Partner following the ceremony. This provision will be particularly important for same sex couples in light of the fact that Civil Partnership ceremonies and same-sex marriages cannot take place in many other countries.

You will also be able to apply to visit the UK for a Civil Partnership Ceremony if you do not intend to reside in the UK and this will be similar to the current provisions for a marriage visitor.

Those on long stay visas (e.g. work permits, HSMP) will have a right for their Civil Partners to join them in the United Kingdom for the period of their stay in the same way as the current rules provide for spouses.

The Government proposes that same sex couples with limited leave to remain in the UK will be required to apply for permission to register their relationship in the same way that heterosexual couples wishing to marry here must apply for a Certificate of Approval to marry. The requirements for a certificate will be the same as those intending to marry.

If your application for leave to enter or remain as a Civil Partner is successful you will be granted leave to remain for a 2 year probationary period and will be entitled to apply for settlement towards the end of that period providing you still meet the requirements in the Immigration Rules.

Persons with leave to remain as a Civil Partnership will be treated in the same way as spouses in relation to all Home Office policies and concessions. For example if your relationship breaks down during the two year probationary period as a result of domestic violence you will be able to apply for indefinite leave to remain under the Domestic Violence Concession.

 

     Changes in the rules relating to marriage in the United Kingdom

On 1 February 2005 the Government introduced a new requirement for persons who are subject to Immigration Control who wish to marry in the United Kingdom.

Persons who are subject to immigration control will only be able to marry in the United Kingdom if they have;

• Entry Clearance as a fiancé or marriage visitor; or
• Settled status in the United Kingdom (have Indefinite Leave to Remain); or
• A Home Office Certificate of Approval for marriage; or
• Intend to marry in an Anglican church

If you are intending to come to the UK to marry here, but have no intention of residing here following your marriage, you must first obtain a visit visa for marriage in your nearest British High Commission or Embassy. This will apply to everyone intending to marry here, even nationals who do not normally require a visit visa to come to the United Kingdom for a short period of time.

 

     A Certificate of Approval

If you are currently in the United Kingdom with limited leave to enter or remain and wish to marry here or enter into a civil partnership, you will need to apply to the Home Office for a Certificate of Approval to marry before being able to give notice of your marriage to a registrar.

To qualify for a Certificate of Approval, you must have been granted over six months’ leave to enter or remain and have at least three months’ leave remaining when you make your application.

If you do not fill these requirements your application will be refused and you will have to return home to apply for Entry Clearance to come here to marry.

If both you and your partner are subject to immigration control then you will both need to apply to the Home Office for a certificate of approval each. There is a fee of £135 for each application.

Once the Certificate of Approval is issued it will be valid for three months from the date of issue or the date at which your leave expires, whichever is earlier.

Once you have the Certificate of Approval to marry you will need to give notice to marry at a designated Register Office whilst your certificate is still valid. For the details of designated Register Offices, see the Home Office website (www.ind.homeoffice.gov.uk)

You will be refused a Certificate of Approval if there is a legal reason that you cannot marry, for example, if one of you is not free to marry because you are still married to someone or if one of you is under 16 years of age.

There is no right of appeal if you are refused a Certificate of Approval. However, if your application is refused you may wish to seek legal advice with regard to the possibility of applying for a Judicial Review of this decision.

The new provisions effectively exclude those without permission to remain in the United Kingdom from being able to marry here unless they propose to do so in an Anglican church.

If you would like to marry in the United Kingdom and would like further advice about whether you will need to apply for a Certificate of Approval, then please do not hesitate to contact us.