Spouses and Civil Partners — Be Granted a Leave to Enter or Remain

Spouses and civil partners are treated identically under immigration rules. They can apply for entry clearance to join their spouse/partner who in turn acts as their sponsor in the UK.

Requirements

Both the applicant and the sponsor must be at least 21 years of age on the date on which leave to enter or remain would be granted.

The parties must show that they are legally married, according to the laws of the country in which the marriage took place, or that they have contracted a legal civil partnership in a country in which such partnerships are recognised.

Civil partnerships are recognized in Andorra, Australia, Belgium, Canada, Denmark, Finland, France, Germany, Iceland, Luxembourg, Netherlands, New Zealand, Norway, Spain, Sweden and certain States of the USA (California, Connecticut, Maine, Massachusetts, New Jersey, and Vermont).

In some cases relevant formal divorce papers or other evidence of a divorce that was effective in the country in which it took place will need to be produced.

The parties will also need to show either that:

1. the applicant is married to a person present and settled in the UK or who is being admitted for settlement at the same time as the applicant; or
   
   
2. the applicant is married to a person with a right of abode or indefinite leave to remain (ILR) who is seeking admission for settlement at the same time as the spouse where the parties were married at least four years ago and have been living together outside the UK since that time; and
   
   
   • the applicant has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application; and
     
     
   • each of the parties intends to live permanently with the other as his or her spouse or civil partner and the marriage or civil partnership is subsisting; and
     
     
   • there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and
     
     
   • the parties will be able to maintain themselves and any dependants adequately without recourse to public funds.

The meaning of 'present and settled' is to be in possession of ILR or the right of abode, combined with physical presence in the UK.

The couple must have met at the time of the application. This allows arranged marriages where the couples do not meet until the day of the wedding, but it may exclude some marriages that would be legal in the country in which they take place, such as marriages in absentia, unless the couple has met by the time of the application, in which case such marriages will be acceptable.

Where the applicant's marriage or partnership is polygamous or there is another living person who is the husband or wife of the sponsor permission will be refused.

Appeal

There is a right of appeal attached to the refusal of entry clearance.

Settlement

Spouses or civil partners will be granted two years' leave to enter or remain and must apply for indefinite leave to remain on completion of that 'probationary period' provided that:

• the couple are still married or living together in a subsisting relationship and have completed two years in that capacity;
  
  
• the couple intend to live permanently together;
  
  
• there will be adequate maintenance and accommodation for the couple without recourse to public funds.

During this period the spouse/partner will have no restriction on employment (or on starting a business).

Switching

It is only possible to switch to become a spouse or civil partner if the applicant is in possession of leave that was granted for a period of more than six months. Those with leave to remain given outside the rules, such as holders of discretionary leave to remain, cannot switch into this category.

Questions

What happens if a marriage or partnership ends during the probationary period?

If a marriage or partnership has ended during the probationary period the foreign national is expected to leave the UK as he or she will have no right to remain unless he or she could qualify under another category in the rules. However, the immigration rules accounting for particular compassionate circumstances leading to the end of a marriage which are outside the spouse's control.

1. Bereaved spouses/partners will be granted indefinite leave to remain if the spouse/partner they joined died during the two year probationary period and if they can show that they were still living together and intended to do so permanently at the time of the bereavement.
   
   
2. Domestic violence - victims of domestic violence may be granted indefinite leave to remain where the marriage/relationship breaks down during the initial two-year period provided they can produce evidence that the relationship was caused to permanently break down before the end of the two years as a result of domestic violence