Spouses of UK citizens or permanent residents (those with indefinite leave to remain) are able to enter England under the marriage category and are able to work as soon as a visa is granted.
In order to apply for a marriage or civil partnership visa, the visa applicant and his/her partner need to be over 18 years old and need to meet the following requirements:
(1) The visa applicant’s partner must either:
• be a British citizen
• have settled in the UK (they have ‘indefinite leave to remain’ or proof of permanent residence)
• have refugee status or humanitarian protection in the UK
(2) The visa applicant and his/her partner must intend to live together permanently in the UK after you apply.
(3) The visa applicant must be able to prove one of the following:
• he/she is in a civil partnership or marriage that’s recognized in the UK.
• he/she has been living together in a relationship for at least 2 years with the British citizen when applying for the visa.
• he/she has a fiancé, fiancée or proposed civil partner and will marry or enter into a civil partnership in the UK within 6 months of arriving.
A visa applicant must prove that he/she has:
• a good knowledge of English. The visa applicant needs to pass one of the recognized English language speaking tests with a grade of at least a CEFR level A1 in speaking and listening or have a degree or academic qualification that was taught or researched in English and have his/her qualification recognized by UK NARIC as being equivalent to a UK bachelor’s degree or higher.
• can financially support himself/herself and his/her dependents This is the called the ‘minimum income requirement’. The visa applicant and his/her partner must have a combined income of at least £18,600 a year if he/she is applying as a partner and he/she wants to settle in the UK (obtain ‘indefinite leave to remain’) within 5 years. A visa applicant who has children who aren’t British citizens, EEA nationals or permanently settled in the UK must prove an additional minimum income of £3,800 for the first child and £2,400 for every other child. Savings can be used instead of income. The current amount of savings needed is £62,500 pounds and must have been in the bank for at least 6 months prior to the filing of the visa application.
If the visa applicant can’t meet the minimum income requirement, then the visa applicant may be able to settle in 10 years in certain instances.
The visa applicant may be able to settle in 5 years without meeting the minimum income requirement if either applying as a parent or if he/she receives certain benefits, for example Disability Living Allowance or Carer’s Allowance.
If the visa applicant does not meet these requirements, he/she may still be able to apply for a visa or extend your permission to stay if:
• you have a child in the UK who is a British citizen or has lived in the UK for 7 years and it would be unreasonable for them to leave the UK.
• there would be very significant difficulties for you and your partner if you lived together as a couple outside the UK that could not be overcome.
• it would breach your human rights to stop you coming to the UK or make you leave.
If the visa applicant is applying as a fiancé, fiancée or proposed civil partner, then he/she needs to prove that any previous marriages or civil partnerships have ended and that the visa applicant and his/her fiancé plan to marry or become civil partners within 6 months of arriving in the UK.
The visa applicant will not be able to work during his/her engagement.
A marriage or civil partnership visa is granted for 2.5 years, or for 6 months if the visa applicant is applying as a fiancé, fiancée or proposed civil partner.
Kangaroo Migration Services is a company that has for many years dealt with and continues to deal with immigration and the obtaining of all types of visas (short term and long term).
Please feel free to contact us to discuss with our representative the options available to you and/or to complete our questionnaire and send it to us.
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