The PBS Migrant Visa category allows spouses and children of migrants in the points-based system to come and stay in the UK with their family member. In order to be eligible for this category, you must have a familial relationship with a PBS migrant, such as being their spouse, civil partner, unmarried partner, same-sex partner, or kid (under the age of 18 at the time of initial application).

Requirements for a Family Member of a PBS Migrant visa

In order to qualify for entry clearance or leave to remain as the partner of a PBS migrant, you will need to satisfy UK Visas and Immigration that:

• You are over the age of 18;
• You are the spouse, civil partner, unmarried partner or same sex partner of a person who has leave as a PBS migrant, is being granted leave at the same time as a PBS migrant or, if applying for an extension of stay, your partner has ILR as a PBS migrant or has obtained British citizenship after having ILR as PBS migrant;
• If you are the unmarried or same-sex partner of a PBS migrant, you have been living in a relationship similar to marriage or civil partnership for a period of at least 2 years;
• Your relationship with the PBS migrant is subsisting and you intend to live together throughout the PBS migrant’s stay in the UK;
• You do not intend to stay in the UK beyond any period of leave granted to the PBS migrant;
• You satisfy a maintenance funds requirement (unless the PBS migrant is a Tier 1 Investor migrant);
• If applying for leave to remain, you were not last granted entry clearance or leave as a visitor, short-term student, temporary admission or temporary release;
• If over 18 and seeking entry as a partner of a Tier 1 Investor or Tier 1 Entrepreneur, you have provided a criminal record certificate from the relevant authority in any country in which you have been present for 12 months or more in the past 10 years while aged 18 or over.

To be granted entry clearance or leave to remain as the child of a PBS migrant, you will need to satisfy UK Visas and Immigration that:

• You are the child of a person who has leave as a PBS migrant, is being granted leave (including ILR) at the same time as a PBS migrant, or has indefinite leave to remain or British citizenship and who was last granted ILR under the rules relating to Tier 1, 2 or 5;
• You are under the age of 18 on the date of application, unless you are applying for leave to remain and were last granted leave as the child of a PBS migrant or the child of a migrant granted leave under a different category of the rules who has since been granted leave as a PBS migrant or who is applying for leave as a PBS migrant at the same time;
• You are not married or in a civil partnership, have not formed an independent family unit and are not leading an independent life;
• You do not intend to stay in the UK beyond any period of leave granted to the PBS migrant;
• Both of your parents are lawfully present in the UK or being granted entry clearance or leave to remain at the same time, unless:
  • the PBS migrant is your sole surviving parent;
  • the PBS migrant has and has had sole responsibility for your upbringing;
  • there are serious or compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made for your care in the UK;
• You satisfy a maintenance funds requirement (unless the PBS migrant is a Tier 1 Investor migrant)

The exact requirements you will need to satisfy will vary depending on your circumstances.  You may want to speak to an immigration lawyer for expert advice.

What else do I need to know about the Family Member of a PBS Migrant visa?

If your application for a Family Member of a PBS Migrant visa is approved, you will often be given permission to stay in the country until the same day that the PBS migrant's permission to stay expires. If the PBS migrant has been given indefinite leave to remain, you will be given a three-year period of leave. If necessary, you can submit an application for further leave, which will extend your stay until you reach the needed term to be eligible for indefinite permission to remain.

PBS dependants are allowed to stay in the UK until the expiration of their current PBS dependent leave if the primary migrant switches employers or educational institutions.

Partners of PBS migrants who have been granted leave since 11 January 2018 will be required to meet a residency requirement of 180 days when seeking for indefinite leave to remain. The Home Office will evaluate periods of absence from the UK continuously, rather than at distinct consecutive 12-month intervals.

Individuals who are 18 years old or older and have not been previously authorised to stay as a family member of a Points-Based System (PBS) migrant are ineligible to receive permission to stay in this particular category. Likewise, individuals such as parents or grandparents are not eligible to apply under this category.

The Adult Dependent Relative Visa category is intended for adult dependent relatives of British citizens, individuals who are settled in the UK, individuals with limited leave to remain in the UK under Appendix EU, or individuals in the UK with refugee leave or humanitarian protection status, who desire to establish permanent residency in the UK.

Requirements for an Adult Dependent Relative Visa

In order to qualify for an Adult Dependent Relative visa you will need to satisfy UK Visas and Immigration that:

• You are the parent aged 18 years or over, grandparent, brother or sister aged 18 years or over or son or daughter aged 18 years or over of a person who is in the UK and that person is over 18 and either a British citizen, settled in the UK, has limited leave to remain in the UK under Appendix EU or is a person with refugee leave or humanitarian protection status;
• As a result of age, illness or disability, you require long-term personal care (that is help performing everyday tasks, e.g. washing, dressing and cooking);
• You are unable, even with the financial help of your family member in the UK, to obtain the required level of care in the country where you are living because it is not available and there is no person (close relative, home-help, housekeeper, nurse, carer, care or nursing home) in your country who can reasonably provide it, or because it is not affordable;
• You will be adequately maintained, accommodated and cared for in the UK by your family member, without recourse to public funds (if your family member is a British citizen or settled in the UK, they will be required to sign a 5-year undertaking to this effect);
• You have provided a TB test pass certificate, if required.

The exact requirements you will need to satisfy will vary depending on your circumstances.  You may want to speak to an immigration lawyer for expert advice.

What Else Do I Need to Know About the Adult Dependent Relative Visa?

The Adult Dependent Relative visa applicant must have a significant need for ongoing assistance with daily activities due to their age, disease, or disability. This care must be either unavailable or unaffordable in the applicant's current country of residence.

Although the individual seeking an Adult Dependent Relative visa may meet the stringent health requirements of the second criterion, the third criterion poses an even greater challenge.

Many sponsors who have the financial means to support and house their dependent relative for a period of five years will face difficulty in demonstrating that they are unable to pay to care for that relative in their own country.

An Adult Dependent Relative is eligible for settlement if their sponsor is a settled individual in the UK or a British Citizen. Alternatively, the Adult Dependent Relative may be given temporary authorization that ends concurrently with their sponsor's temporary authorization. Upon arrival in the UK, they have the option to seek settlement or additional authorization to remain in accordance with their sponsor's authorization.

Appendix Hong Kong British National (Overseas) includes a distinct pathway for an Adult Dependent Relative of a BN(O) Status Holder.

The Adult Dependent Relative visa route is exclusively accessible to those who are not currently residing in the United Kingdom. Transitioning to the Adult Dependent Relative pathway from within the UK is not feasible.

Nevertheless, there exist certain specific situations in which a dependent relative can potentially seek permission to stay in the UK based on human rights considerations while already being in the country.

If an applicant applies for an Adult Dependent Relative visa from another country and the Home Office determines that they do not meet all the requirements, they may still be allowed to enter the UK if the Home Office believes that denying the application would violate Article 8 of the Human Rights Convention. This is because it would cause excessively severe consequences for the applicant or their family.

The biological or legal guardian of a minor. Visa permits a parent of a kid to reside in the United Kingdom for the purpose of providing care for their child. The kid must currently reside in the United Kingdom and possess either British or Irish citizenship, have settled status in the UK, or have pre-settled status in the UK.

The Parent of a Child Visa might result in obtaining indefinite permission to remain or settlement in the UK after a duration of 5 years.  

If you meet the requirements to apply as a Spouse, Civil Partner, Unmarried Partner, Fiance, or Proposed Civil Partner, it is recommended that you apply through the appropriate partner route instead of applying as a Parent of a Child.

Parent of a Child Visa Requirements

To be eligible for a Parent Visa to enter the UK, you must demonstrate to UK Visas and Immigration that you fulfil the following criteria:

• You are at least 18 years old;
• Your child is under the age of 18;
• Your child is living in the UK;
• Your child is either a British or Irish citizen, settled in the UK or in the UK with pre-settled status;
• Either (i) you have sole parental responsibility for the child; or (ii) the parent or carer with whom the child normally lives is a British or Irish Citizen in the UK, settled in the UK, or in the UK with pre-settled status, they are not your partner, you are not eligible to apply for entry clearance as a partner under Appendix FM of the Immigration Rules and you have direct access (in person) to the child, as agreed with the parent or carer with whom the child normally lives or as ordered by a court in the UK;
• You are taking, and intend to continue to take, an active role in the child’s upbringing;
• You can maintain and accommodate yourself and any dependants in the UK without recourse to public funds;
• You satisfy an English language requirement.

The specific criteria you must meet may differ based on your individual situation. It is advisable to consult with an immigration attorney for specialised guidance.

Status of the Child in the UK

To be eligible for a Parent of a Child Visa to enter the UK, your child must reside in the UK and meet one of the following criteria:

• Be a British or Irish citizen in the UK; or
• Have indefinite leave to remain, settled status or permanent residence in the UK; or
• Have pre-settled status under Appendix EU.

In order to apply, your kid must be physically present in the UK on the date of application, and you should have the intention of establishing the UK as your permanent residence along with your child. The Parent of a Child option is unsuitable if your child is residing abroad.

If you are seeking permission to stay in the UK as a Parent of a Child, the same requirements mentioned above apply. However, you may also be eligible if your child is not a citizen of the UK or Ireland, is settled or holds pre-settled status, and has resided in the UK for a continuous period of 7 years. Additionally, you must convince the Home Office that it would be unreasonable for your child to leave the UK.

Age Requirement for a Parent Visa

In order to submit your Parent Visa application, you need to be at least 18 years old at the time of submission, while your child must be under 18 years old.

If your child turns 18 after you have submitted your application but before a decision has been made, it will not have any effect on your application.

If your child has reached the age of 18 at the time you need to request an extension or remain as a Parent of a Child, this will not pose an issue, as long as the child was under 18 when you were initially granted permission to stay as a parent on the Parent of a Child route, and the child has not established a separate family unit and is not living an independent life.

Who Qualifies as a Parent?

As well as including a natural parent, for the purpose of a Parent of a Child Visa application a ‘parent’ is defined as including: 

• The stepfather of a child whose father is dead (and the reference to stepfather includes a relationship arising through civil partnership);
• The stepmother of a child whose mother is dead (and the reference to stepmother includes a relationship arising through civil partnership);
• The father as well as the mother of an illegitimate child where he is proved to be the father;
• An adoptive parent, where a child was adopted in accordance with a decision taken by the competent administrative authority or court in a country whose adoption orders are recognised by the UK, or where a child is the subject of a de facto adoption in accordance with the requirements of paragraph 309A of the Immigration Rules (except that an adopted child or a child who is the subject of a de facto adoption may not make an application for leave to enter or remain in order to accompany, join or remain with an adoptive parent under paragraphs 297 to 303);
• In the case of a child born in the UK who is not a British Citizen, a person to whom there has been a genuine transfer of parental responsibility on the grounds of the original parent or parents’ inability to care for the child.

For both entry clearance and leave to remain applications as a Parent of a Child, if your child normally lives with their other parent or carer (who is British or Irish, settled in the UK or in the UK with pre-settled status) then that person cannot be your partner.

Parental Responsibility

To be eligible for a Parent of a kid Visa, you must either have exclusive parental responsibility for your kid or share parental duty with the parent or carer with whom your child usually resides.

Sole parental responsibility

Sole parental responsibility refers to a situation when one parent has relinquished their parenting duties, leaving the other parent completely accountable for making all significant choices about the child's daily care and upbringing.

When depending on sole parental responsibility, the Home Office requires thorough supporting documented evidence that confirms your exclusive responsibility for your child's wellbeing and that no one else shares this burden. Our immigration solicitors can provide guidance on the specific documentation needed by the Home Office to establish sole responsibility for a child as part of a Parent Visa application.

Typically, your child will reside with you rather than their other parent, who is either British or Irish, settled in the UK, or in the UK with pre-settled status. Additionally, you must not meet the requirements to apply for permission to stay in the UK as a partner.

Shared parental responsibility

If you share parental responsibility for your child with another person, that person must not be your romantic partner. Additionally, they must meet one of the following criteria: be a citizen of either Britain or Ireland, have indefinite leave to remain, settled status, or permanent residence in the UK, or have pre-settled status under Appendix EU.

Parents often rely on the concept of parental responsibility to stay in the UK when their relationship with a British citizen or settled parent has ended, but they have joint or equal custody of a child in the UK, and it is in the kid's best interests for them to stay.

It is possible for your child to primarily reside with you in the UK, rather than with their parent who is a British citizen or has settled status. In order to establish shared responsibility, it is necessary for you to have direct physical access to the kid, as agreed upon with the other parent or carer with whom the child usually resides, or as mandated by a court order, provided that the child generally resides with their other British citizen or established parent or carer. It is advisable to seek advice from an immigration attorney regarding the necessary documentation to establish joint responsibility for a Parent Visa application. 

Active Role in the Child’s Upbringing 

As part of your application for a Parent of a Child Visa, you must demonstrate to the Home Office that you are actively involved in your child's upbringing and have the intention to continue being so.

The Home Office requires thorough and extensive supporting documentation to verify your active involvement in your child's upbringing and your intention to continue doing so once your application has been processed. Our immigration solicitors may provide guidance on the necessary documentation requested by the Home Office and assess the compliance of your documents with the Immigration Rules.

Parent of a Child Visa Financial Requirement

When applying for entrance clearance or permission to remain as a Parent, it is necessary to present proof that you can sufficiently support yourself and any dependents in the UK without relying on public funding.

Adequate maintenance refers to a situation where the estimated weekly earnings ("A") minus the weekly housing expenses ("B") are equal to or greater than the amount the family would receive if they were eligible for income support or a similar benefit ("C"). To determine if the financial savings amount is adequate, divide the entire amount by the number of weeks of limited leave that would be given if the application is approved ("A"). The formula for determining sufficient maintenance is identical to that used for weekly income: A – B ≥ C. We can provide guidance on the calculation and offer advice on the specific financial information that needs to be filed.

Parent of a Child Visa Accommodation Requirement

If you are applying for entry clearance or leave to remain as a Parent, you must provide proof that there will be sufficient housing available for your family, including other family members who are not part of the application but live in the same household. This housing should be owned or exclusively occupied by the family, and should not require any financial assistance from public funds.

In order to proceed, you must present proof of the ownership or occupancy of the property, demonstrating that you have a legal and exclusive right to occupy it. Additionally, you must ensure that the property will not be overcrowded or violate any public health rules.

Parent of a Child Visa English Language Requirement

Unless you are exempt, you must demonstrate to the Home Office that you meet the English language requirement as part of your Parent Visa application.

In order to file for entry clearance or to switch into the Parent of a Child Visa route, it is necessary to exhibit proficiency in the English language at a minimum level of CEFR A1.

You can meet the Parent Visa English language requirement by:

• Holding the nationality of a majority English speaking country;
• Passing an approved English language test at or above the required CEFR level, with an approved provider as set out on Approved Secure English Language Tests and Test Centres; or
• Having an academic qualification which is either a Bachelor’s or Master’s degree or PhD if awarded in the UK; or, if awarded outside the UK, is deemed by Ecctis (formerly UK NARIC) to meet or exceed the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, and Ecctis (formerly UK NARIC) has confirmed that the degree was taught or researched in English at or above the required CEFR level.

In order to be exempt from the English language requirement you will normally have to prove that either:

• You are over the age of 65 at the date of application;
• You have a physical or mental disability which prevents you from meeting the English language requirement; 
• There are exceptional circumstances which mean that you cannot satisfy the English language requirement before entering the UK.

If you are not able to demonstrate that you meet the English language requirement (or are exempt), then your Parent Visa application will be refused.

Parent Visa Supporting Documents Checklists

The primary basis for the rejection of a Parent Visa application is typically the inadequate inclusion of documentary evidence to substantiate the applicant's claims.

The Immigration Rules impose stringent criteria for the documentation that must be provided to support an application for a UK Parent Visa. The necessary supporting documentation for a ParentVisa application will differ for each individual scenario.

Applicants must use caution when utilising pre-existing document checklists for Parent Visa applications. Seeking guidance from an immigration attorney can guarantee that the listed documents are suitable for one's specific circumstances.

If a necessary document is not given, is in an incorrect format, or lacks essential information, the application for a Parent Visa may be rejected. The process of appeals can be lengthy, often spanning many months, and the final result may be unpredictable. The submission of a new application will incur more expenses and cause further delays.

Our immigration solicitors offer specialised guidance to individuals applying for a Parent Visa regarding the necessary documentation for a successful application. Additionally, they review supporting documents to ensure they meet the requirements outlined in the Immigration Rules.

Parent of a Child Visa Application Fee

The current fee for a UK Parent Visa application submitted outside the UK is £1,846 as set by the Home Office. The current price for switching into the Parent category or extending stay as a Parent from within the UK is £1,048, as set by the Home Office. Extra charges will be incurred if you opt for the Priority or Super Priority Service.

Duration of a UK Parent of a Child Visa

If your application for a UK Parent of a Child Visa is approved, your Parent Visa will initially be valid for a period of 33 months. If you submit an application to stay in the UK as a Parent of a Child, you will be given permission to stay for a period of 30 months.

Prior to the expiration of your original leave grant, it is necessary for you to submit an application to UK Visas and Immigration in order to prolong your stay. If your application for an extension of your stay as a Parent is approved, you will be awarded an additional time of 30 months to reside in the country.

Once you have resided in the UK as a Parent for a period of 5 years, you will meet the requirements to apply for indefinite leave to remain. Time spent in the UK cannot be considered for any other immigration pathway.

Switching Into the Parent of a Child Visa Route From Within the UK

An application for leave to remain as a parent can be submitted from within the UK, unless you are in the UK as a guest or, with certain exclusions, with valid leave granted for a duration of 6 months or less.

If individuals desire to establish permanent residency in the UK as a parent of a child who is already residing in the UK, they must depart from the UK and submit an application for entrance clearance as a parent from their home country.

If you are currently in the United Kingdom and have been given permission to stay temporarily while waiting for the decision of a family court case, you have the option to apply for permission to continue living in the UK as a parent from within the country.  

Working in the UK on a Parent Visa

Parent Visa holders possess all employment rights in the United Kingdom.

Indefinite Leave to Remain as a Parent

Upon the approval of your Parent Visa application, you will be awarded an initial entry authorization to the UK for a duration of two and a half years (with an extra three months if asking for entry clearance). Prior to the expiration of your leave, it will be necessary for you to submit an extension application. If your application for an extension of your parent status is approved, you will be given permission to stay for an additional period of two and a half years.

If you have spent a total of 60 months, or 5 years, in the UK on the Parent Visa route, you may meet the requirements to apply for indefinite leave to remain in the UK.

To be eligible for indefinite leave to remain as a parent, you must provide evidence, in addition to the aforementioned criteria, that:

• You meet the higher CEFR Level B1 English Language requirement that applies to settlement applications;
• You have passed the Life in the UK test (unless exempt).

If you submit an application for indefinite leave to remain as a parent and fail to fulfil the aforementioned criteria, UK Visas and Immigration will next assess whether you meet the requirements for an additional extension of stay as a parent.

Parent of a Child Visa Frequently Asked Questions

What Will Happen if My Child Turns 18?

If your child turns 18 after you have submitted your Parent of a Child visa application but before a decision has been made, it will not affect your application.

If your child has reached the age of 18 when you need to apply for an extension or stay as a parent, it will not be an issue as long as they were under 18 when you were initially granted permission to stay as a parent on the Parent of a Child route, and they have not started their own family or become financially independent. 

Can I Qualify for a Parent of a Child Visa if My Child Lives With My Partner?

If your child primarily resides with your partner, you will not be eligible for leave under the Parent of a Child category. This applies even if your partner is a British citizen or a settled parent or carer. It is advisable to assess your eligibility for entry clearance or leave to remain through a relationship or private life route instead.

Where Can I Apply for A UK Parent Visa?

If you are seeking a Parent Visa from a location outside of the UK, it is necessary to apply in the nation where you now reside, excepting visits. Citizenship is not a requirement.

If you are currently residing in the UK and have been given authorization to stay for a duration exceeding six months, you are eligible to submit an application for leave to remain as a parent from within the UK.

If you have been given a period of leave lasting six months or less, such as a guest, you will usually have to exit the UK and apply for permission to enter as a parent from another country. The temporary provision that permitted individuals to submit applications from within the United Kingdom during the Covid-19 epidemic is no longer in effect.

How Do I Apply for a UK Parent Visa?

Parent Visa applications are submitted through an online application form. There are several application forms for applicants depending on whether they are applying from within the UK or from outside.

Prior to submitting an application for a UK Parent Visa, it is advisable to consult an immigration lawyer to ensure that you select the appropriate application form that aligns with your specific circumstances.

It is advisable to gather your supporting documents concurrently with the completion of your Parent Visa application form. This is because there are certain document criteria that need your paperwork to be dated prior to the submission date of the online application form.

The existing procedure enables applicants to submit scanned copies of their supporting paperwork for parent visas, which are then assessed by the Home Office. Nevertheless, it is advisable to verify the specific protocol for the country where you plan to submit your application at the moment of applying, as the Home Office periodically modifies this method.

What if My Parent of a Child Visa Application Is Refused?

In the event that your application for a UK Parent of a Child Visa is rejected, you are entitled to use your right to appeal. This is because a parent application is immediately considered as a claim related to human rights.

The appeal will be adjudicated before the First-tier Tribunal (Immigration and Asylum Chamber) in the United Kingdom.

If you are located in the United Kingdom, you will have the opportunity to attend and provide testimony in front of the Judge.

If you are located outside of the United Kingdom, you have the option to draft a formal statement and provide supporting documentation for the Tribunal's evaluation. If deemed suitable for your specific situation, arrangements might be arranged for you to provide evidence remotely.

Immigration appeal proceedings can have a lengthy duration before a decision is reached, and the final result may be unpredictable. We strongly advise consulting with a specialised immigration attorney for legal guidance and representation prior to initiating an appeal against the denial of a Parent Visa application.

What if I Cannot Satisfy the Requirements for a UK Parent Visa?

If you are unable to meet the criteria for a UK Parent Visa, you may still be eligible to enter or stay in the UK based on human rights considerations, such as:

• You have a child in the UK who is a British or Irish citizen;
• You have a child in the UK who has lived in the UK for at least 7 years and it would be unreasonable for them to leave the UK;
• It would otherwise breach human rights to prevent you from coming to the UK or to make you leave the UK.

In the UK, there are alternative immigration options available for children in specific situations. These situations include when a parent has or is being granted temporary permission to enter or stay in the country with the intention of settling, when a parent or relative is already living in the UK with settled status, or when a parent or relative is being admitted for settlement, but not as a Partner or Parent according to the Immigration Rules or as a migrant under the Points-Based System.

If the child's parent is eligible for or is being given leave as a Partner or Parent under Appendix FM of the Immigration Rules, then the child should apply for a Child of a Partner or Parent Visa instead.

If the parent of the child possesses or is being awarded leave as a Points-Based System migrant, then the child should submit an application as a Dependent Child of a Points-Based System (PBS) Migrant instead.

If the child possesses British citizenship, indefinite permission to remain, or any other kind of settlement status in the UK, they are exempt from the requirement to apply for a visa in order to enter the country.

Requirements for a UK Child Visa as the Child of a Parent with Limited Leave to Enter or Remain in the United Kingdom

This route is appropriate for a kid who wishes to accompany a parent who has been or will be given limited permission to enter or stay in the UK on an immigration path that leads to settlement, excluding being a Partner or Parent under Appendix FM or a PBS migrant.

To ensure that your child is eligible for a Child Visa to enter the UK as the offspring of a parent with restricted permission to enter or stay in the UK on a path to settlement (except being a Partner or Parent under Appendix FM or a PBS migrant), you must demonstrate to UK Visas & Immigration that:

• Your child is under the age of 18 at the date of application;
• Your child has not formed an independent family unit;
• Your child is not leading an independent life;
• Either:
  • One parent is present and settled in the UK or being admitted to the UK on the same occasion for settlement and the other is being, or has been, given limited leave to enter or remain with a view to settlement; or
  • One parent is being, or has been, given leave to enter or remain with a view to settlement, and has had sole responsibility for the child’s upbringing; or
  • One parent is being, or has been, given limited leave to enter or remain with a view to settlement, and there are “serious and compelling family or other considerations” which make the child’s exclusion undesirable, and suitable arrangements have been made for the child’s care;
• Your child satisfies a financial requirement;
• Your child satisfies an accommodation requirement.

The specific criteria that your child must meet may differ based on your individual circumstances and those of your child. It is advisable to see an immigration attorney for specialised guidance.

Requirements for a UK Child Visa as the Child of a Parent or Relative Present and Settled in the United Kingdom or Being Admitted for Settlement in the UK

This pathway is suitable for a minor who wants to gain authorization to enter the UK, accompanied by a parent or relative who is either already living and settled in the UK or is being granted permanent residency in the UK, excluding cases where they are entering as a Partner or Parent under Appendix FM or as a PBS migrant.

In order for your child to be eligible for a Child Visa to enter the UK as the offspring of a parent or relative who is currently residing and established in the UK or is being granted settlement in the UK (excluding as a Partner or Parent under Appendix FM or as a PBS migrant), you must provide UK Visas & Immigration with adequate evidence to demonstrate the following:

• Your child (or child relative) is under the age of 18 at the date of application;
• Your child (or child relative) has not formed an independent family unit;
• Your child (or child relative) is not leading an independent life;
• Either:
  • Both parents are present and settled in the United Kingdom; or
  • Both parents are being admitted on the same occasion for settlement; or
  • One parent is present and settled in the United Kingdom and the other is being admitted on the same occasion for settlement; or
  • One parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and the other parent is dead; or
  • One parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and has had sole responsibility for the child’s upbringing; or
  • One parent or a relative is present and settled in the United Kingdom or being admitted on the same occasion for settlement and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child’s care; 
• Your child (or child relative) satisfies a financial requirement;
• Your child (or child relative) satisfies an accommodation requirement.

The specific criteria that your child must meet may differ based on your individual circumstances and those of your child. It is advisable to see an immigration attorney for specialised guidance.

Child Has Not Formed an Independent Family Unit

In order for your child (or child relative, if they are applying for indefinite leave to visit the UK), they must not be residing autonomously as a member of another household. Generally, this implies that the child should not reside with another home that includes a spouse, civil partner, fiancé, planned civil partner, or unmarried partner. 

Child Is Not Leading an Independent Life

Likewise, a child who is leading a self-sufficient life will not meet the requirements for a Child Visa under the family life restrictions outlined in Part 8 of the Immigration Rules. Consequently, it is required that your child (or child relative, if the youngster is applying for indefinite leave to visit the UK) has not voluntarily established an independent social entity.

In practical terms, this implies that the child will typically reside with their parent(s) or relative, unless they are enrolled in a boarding school, college, or university for full-time education. Additionally, the child should not be engaged in full-time employment and should rely primarily on their parent(s) or relative for both financial and emotional assistance.

Sole Responsibility for the Child’s Upbringing

Sole responsibility refers to a situation when one parent has relinquished their parental duties, leaving the other parent completely accountable for making all significant decisions about the child's daily care and upbringing.

If you have exclusive responsibility, your child will typically reside with you and not their other parent, and you will have had and will continue to have the duty and authority to care for and supervise your child. The Home Office requires thorough and conclusive supporting documentation to verify that you have exclusive responsibility for your child's wellbeing and that no one else shares this responsibility. Our immigration solicitors can provide guidance on the specific documentation needed by the Home Office to establish sole responsibility for a child within a Child Visa application.

Serious and Compelling Family or Other Considerations

When evaluating whether there are significant and compelling family or other factors that make it undesirable to exclude the kid, the Home Office will assess what the child's welfare and best interests necessitate. This rating is extremely dependent on certain facts and details.

An assessment of the child's well-being, including their emotional requirements, will be necessary due to family factors. The family considerations must be of significant gravity and compelling enough to need entry to the UK.

Additional factors to evaluate will include an assessment of any other facets of a child's life that may necessitate their admission. Important factors to evaluate may involve the child's social and economic context, any indications of neglect or abuse, and any other unaddressed needs that the youngster may have. The circumstances, or the combination of circumstances, must be of significant gravity and urgency to necessitate admission.

If the Home Office is to be convinced that appropriate arrangements have been established for the care of the child in the UK, it is necessary to provide strong and convincing reasons based on important family or other factors.

UK Child Visa Financial Requirement

To obtain a UK Child Visa for your child, they must meet certain requirements. These include being the child of a parent who has limited permission to enter or stay in the UK with the intention of settling, or being the child of a parent or relative who is already settled in the UK or is being granted settlement (excluding cases where the parent is a Partner or Parent under Appendix FM or a PBS migrant). Additionally, you must demonstrate to the Home Office that your child will be adequately supported by their parent(s) or relative (if the child is applying for indefinite leave to enter the UK) without relying on public funds.

Adequate maintenance refers to a situation where the estimated weekly income ("A") minus the weekly accommodation expenses ("B") is equal to or greater than the amount the family would receive if they were eligible for income support or a similar benefit ("C"). To determine if the financial savings amount is adequate, divide the entire amount by the number of weeks of limited leave that would be given if the application is approved ("A"). The formula for determining sufficient maintenance is identical to that used for weekly income: A – B ≥ C. We can provide guidance on the calculation and advise you on the specific financial information that needs to be provided.

UK Child Visa Accommodation Requirement

To qualify for a UK Child Visa, your child must meet certain criteria. They must be the child of a parent who has limited permission to enter or stay in the UK and is on a path to settlement. Alternatively, they can be the child of a parent or relative who is already settled in the UK or is being admitted for settlement (excluding cases where the parent is a Partner or Parent under Appendix FM or a PBS migrant). You will need to prove to the Home Office that your child will have suitable accommodation provided by the parent, parents, or relative (if the child is applying for indefinite leave to enter the UK) and that this accommodation will not rely on public funds. The accommodation must be owned or exclusively occupied by the parent, parents, or relative that the child is seeking to join.

Your child must present proof regarding the ownership or occupancy of the property, demonstrating that they have a legal and exclusive right to inhabit it. Additionally, they must ensure that the property will not be overcrowded or violate any public health rules.

Child Visa English Language Requirement 

Applicants for a UK Child Visa are not need to meet an English language criterion.

UK Child Visa Application Fee

The current charge for a UK Child Visa application submitted outside the UK is £1,523, as set by the Home Office. The current charge for switching into the Child Visa category or extending a Child Visa from within the UK is £1,033, as set by the Home Office.

The Child of a Partner or Parent Visa is intended for a child who want to join or stay in the UK when one of their parents has already been approved, or is currently being approved, for a Partner or Parent Visa under Appendix FM of the Immigration Rules.

If the parent of the child does not have or is not being given leave as a Partner or Parent under Appendix FM of the Immigration Rules, but has some other type of leave, then the child should apply, as appropriate, either under the family life provisions of Part 8 of the Immigration Rules or as a dependent child of a points-based system migrant instead.

If the child holds British citizenship, possesses indefinite leave to remain, or has obtained established status in the UK, they are exempt from the requirement to apply for a visa in order to enter the country.

Requirements for a Child of a Partner or Parent Visa

To meet the requirements for a Child of a Partner or Parent Visa to visit the UK, you must demonstrate to UK Visas & Immigration that:

• Your child is outside the UK;
• Your child is under the age of 18 at the date of application;
• Your child has not formed an independent family unit;
• Your child is not leading an independent life;
• One of the child’s parents is in the UK with a Partner or Parent Visa under Appendix FM of the Immigration Rules or is being granted, or has already been granted, a Partner or Parent Visa under Appendix FM of the Immigration Rules (the ‘child’s parent’);
• Either:
  • The child’s parent’s partner under Appendix FM is also a parent of the child; or
  • The child’s parent has had and continues to have sole responsibility for the child’s upbringing; or
  • There are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child’s care;
• Your child satisfies a financial requirement;
• Your child satisfies an accommodation requirement.

The specific criteria that your child must meet may differ depending on their individual circumstances. It is advisable to see an immigration attorney for specialised guidance.

Child of a Partner or Parent Visa Immigration Status Requirement

To be eligible for a Child of a Partner or Parent Visa, it is necessary for one of the child's parents to either be in the UK with a Partner or Parent Visa granted under Appendix FM of the Immigration Rules, or be outside the UK and have been granted or will be granted a Partner or Parent Visa under Appendix FM of the Immigration Rules.

Child of a Partner or Parent Visa Relationship Requirement 

The criterion for the Child of a Partner or Parent Visa relationship can be fulfilled in one of three methods:

• The partner of the child’s parent who already has, or is being granted, a Partner or Parent Visa, is also a parent of the child who is applying for a Child of a Partner or Parent Visa; or
• The child’s parent who already has, or is being granted, a Partner or Parent Visa has had and continues to have sole responsibility for the child’s upbringing; or
• There are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child’s care.

Sole Responsibility 

Sole responsibility refers to a situation when one parent has relinquished their parental duties, leaving the other parent completely accountable for making all significant decisions about the child's daily care and upbringing.

If you have exclusive responsibility, your child will typically reside with you rather than their other parent, and you will have had and will continue to have the duty and authority to care for and supervise your child. The Home Office requires thorough and conclusive documentary proof to verify that you have exclusive responsibility for your child's care, and that no one else shares this responsibility. Our immigration solicitors can provide guidance on the necessary documentation needed by the Home Office to establish exclusive responsibility for a child as part of an application for a Child, Partner, or Parent Visa.

Serious and compelling family or other considerations

When determining if there are significant and compelling family or other factors that make it undesirable to exclude the kid, the Home Office will assess the child's welfare and prioritise their best interests. This rating is extremely dependent on certain facts and details.

An assessment of the child's well-being, including their emotional requirements, will be necessary due to family factors. The family considerations must be of significant gravity and compelling enough to need entry to the UK.

Additional factors to be taken into account will include an assessment of any other facets of a child's existence that may need their admission. Important factors to evaluate may encompass the child's social and economic milieu, any indications of neglect or abuse, and any other unaddressed issues that require attention. The circumstances, or the combination of circumstances, must be of a significant and compelling nature that necessitates admission.

When considering important and convincing family or other factors, the Home Office must also ensure that appropriate preparations have been established for the child's care in the UK.

Child Has Not Formed an Independent Family Unit

Your youngster must not be residing autonomously as a member of another household. Generally, this implies that your child should not cohabit with a husband, civil partner, fiancé, planned civil partner, or unmarried partner as a member of another family. If this condition applies, then your child will not meet the requirements for a Child of a Partner or Parent Visa.

Child Is Not Leading an Independent Life

Likewise, a youngster who is leading a self-reliant existence will not meet the requirements for a youngster of a Partner or Parent Visa. This implies that your youngster has not intentionally established an independent social group away from his or her parent(s). Practically, this implies that your child will typically reside with their parent(s) unless they are attending a boarding school, college, or university for full-time schooling. Additionally, they should not be working full-time and should rely mostly on their parent(s) for both financial and emotional assistance. 

Child of a Partner or Parent Visa Financial Requirement

The financial criteria for a Child of a Partner or Parent Visa differ based on whether the child is applying as a Child of a Partner or as a Child of a Parent.

Financial Requirement as a Child of a Parent

If the parent of the child has been given a Parent of a Child Visa, or is in the process of applying for one, the child must prove to the Home Office that the parent can support and provide suitable accommodation for themselves, the child, and any other dependents in the UK without relying on public funds.

Adequate maintenance refers to a situation where the predicted weekly income ("A") minus the weekly accommodation expenditures ("B") is equal to or greater than the amount the family would receive if they were eligible for income support or a similar benefit ("C"). To determine if the cash savings are adequate, divide the entire amount by the number of weeks of limited vacation that would be given if the application is approved ("A"). The formula for determining sufficient maintenance is identical to that used for calculating weekly income: A – B ≥ C. We can provide guidance on the calculation and advise you on the specific financial information that needs to be provided.

Financial Requirement as a Child of a Partner

If the parent of the child has been given a Partner Visa, or is in the process of applying for one, the child must submit proof that their parent and/or their parent's partner earns a minimum gross annual income of £29,000.

The minimum income requirement no longer includes a distinct kid element.

If the child's parent's partner is receiving specific state benefits or entitlements, different factors will come into play. In this case, the financial requirement for a Child of a Partner Visa is that the child's parent's partner must be able to sufficiently support and provide accommodation for themselves, the child's parents, the child, and any dependents in the UK without relying on public funds.

The Immigration Rules pertaining to the financial need for the Child of a Partner Visa are intricate and encompass obligatory criteria for documented evidence. Applicants are responsible for proving that they meet the financial criterion. A frequent cause for rejection of a Child of a Partner Visa application is the failure to submit mandatory financial documentation.   

How to Satisfy the Child of a Partner Visa Financial Requirement

The Child of a Partner Visa financial requirement can be satisfied in a variety of different ways, including by relying on:

• Income from employment or self-employment of the child’s parent’s partner (which, in respect of a child’s parent’s partner returning to the UK with the child, can include employment or self-employment overseas and in the UK);
• Income from employment or self-employment of the child’s parent (if they are in the UK and working legally);
• State (UK or foreign), occupational or private pension of the child’s parent or the child’s parent’s partner;
• Non-employment income of the child’s parent or the child’s parent’s partner for example, income from property rental or dividends from shares; 
• Certain maternity allowance or bereavement benefit received by the child’s parent of the child’s parent’s partner in the UK;
• Cash savings of the child’s parent or the child’s parent’s partner, above £16,000, held by them for at least 6 months and under their control.

Under specific conditions, it may also be feasible to depend on the earnings or savings of a kid who is over 18 years old and is dependent on their parent.

Under some conditions, it is feasible to depend on a combination of the aforementioned sources of income to meet the financial criteria.

If the child's parent's partner is receiving specific state benefits or entitlements, different factors will need to be taken into account, as previously stated.

If there are extraordinary situations where denying a Child of a Partner or Parent Visa application would violate ECHR Article 8, alternative sources of income, financial support, or monies that the couple has access to may be considered.

Our immigration solicitors specialise in the financial requirement regulations for the Child of a Partner or Parent Visa and frequently help applicants of this visa category to negotiate the intricate evidence requirements.

Child of a Partner or Parent Visa Accommodation Requirement

Regardless of whether your child is applying as a Child of a Partner or as a Child of a Parent, they must provide proof that there will be sufficient housing available for the entire family, including other family members who are not part of the application but reside in the same household. This housing should be privately owned or exclusively occupied by the family, and should not require any financial assistance from public funds.

Your child must present proof of the ownership or occupation of the property, demonstrating that they have a legal and exclusive right to inhabit it. Additionally, they must ensure that the property is not overcrowded and does not violate any public health rules.

Child of a Partner or Parent Visa English Language Requirement 

Children who are seeking a Child of a Partner or Parent Visa are not need to meet any English language criteria.

Child of a Partner or Parent Visa Supporting Documents Checklists

The primary basis for rejection of a Child of a Partner or Parent Visa application is typically the applicant's failure to provide adequate documentary evidence to support their application.

The Immigration Rules impose stringent criteria for the documentation that must be provided to support an application for a Child of a Partner or Parent Visa. The supporting documentation needed for a Child of a Partner or Parent Visa application will differ for each individual circumstance.

Applicants must use caution when utilising pre-existing document checklists for Child of a Partner or Parent Visa applications. Seeking guidance from an immigration attorney will guarantee that the specified documents are suitable for one's specific circumstances.

If a necessary document is not provided, is in an incorrect format, or lacks essential information, the application for a Child of a Partner or Parent Visa may be rejected. The process of appeals can often span several months before a final decision is reached, and the ultimate result may remain undetermined. The submission of a new application will incur additional expenses and result in further delays.

Our immigration solicitors offer specialised guidance to applicants for the Child of a Partner or Parent Visa regarding the necessary documentation for a successful visa application. They also review supporting documents to ensure they meet the requirements of the Immigration Rules.  

Child of a Partner or Parent Visa Application Fee

The current application fee for a Child of a Partner or Parent Visa application submitted outside the UK is £1,846 as set by the Home Office. The current charge for switching into the Child of a Partner or Parent category or extending stay in the UK as a Child of a Partner or Parent is £1,048, as set by the Home Office. Extra charges will be incurred if you opt for the Priority or Super Priority Service.

Child of a Partner or Parent Visa Processing & Decision Waiting Times

The current processing time for a Child of a Partner or Parent Visa application lodged outside the UK by the Home Office is 24 weeks. By utilising the Priority Service, you can expect to get a judgement within a maximum of 30 business days. Out-of-country applications do not have a Super Priority Service available.

The Home Office is now processing applications for child switch or extension submitted from within the UK, with a decision expected within 8 weeks.

There is no expedited service that guarantees a result within 5 working days for child applications within the country. However, if you choose to apply through the Super Priority Service, you can expect to receive a decision by the end of the following working day.

Duration of a Child of a Partner or Parent Visa

If your child fulfils the eligibility criteria for a Child of a Partner or Parent Visa, they will be initially issued a visa with the same expiration date as the parent's visa.

Prior to the expiration of your child's original leave grant, they must submit an application to UK Visas and Immigration in order to prolong their stay. If their application for an extension of their stay as a Child of a Partner or Parent is approved, they will be given permission to stay for the same duration as their parent(s) or for 30 months if the parent is settled but the child does not meet the requirements for settlement.

Your child will be eligible for indefinite leave to remain as a child of an individual who has been granted indefinite permission to remain as a spouse or parent, once they fulfil the criteria outlined in Appendix Settlement Family Life.

Switching Into the Child of a Partner or Parent Visa Route From Within the UK

A kid has the option to request a transfer to the kid of a Partner or Parent route while residing in the UK. To apply, your child must be located in the United Kingdom and be under the age of 18 at the time of the application.

Your child must fulfil the relational, financial, and accomodation requirements mentioned above.

The UK Proposed Civil Partner Visa is intended for individuals who are engaged to British or Irish citizens, individuals who have settled in the UK, individuals with pre-settled status, individuals with a Turkish Businessperson or Turkish Worker visa, and individuals with refugee status or humanitarian protection. This visa allows them to enter into a civil partnership in the UK within 6 months of their arrival. To apply for a UK Proposed Civil Partner Visa, one must submit the application from a location outside of the UK.

The UK Proposed Civil Partner Visa does not provide a straightforward pathway to obtaining permanent residency in the UK. After registering a civil partnership in the UK, you can apply for an extension of your stay using the Civil Partner visa route while remaining in the UK. The UK Civil Partner Visa might result in obtaining indefinite leave to remain or settlement in the UK after a duration of 5 years.

UK Proposed Civil Partner Visa Requirements

To be eligible for a UK Proposed Civil Partner Visa, you must demonstrate to UK Visas and Immigration that you fulfil the following criteria:

• If your partner is either British or Irish, residing in the UK, and has been given pre-settled status, has a Turkish Businessperson or Turkish Worker visa, or has been awarded refugee status or humanitarian protection, then they meet the criteria.
• Both of you are above the age of 18;
• You have had a face-to-face encounter;
• Your bond is authentic and currently existing;
• You plan to formalise a civil partnership within a period of six months after your arrival in the United Kingdom.
• All past relationships have irreversibly ended;
• You have the intention of establishing a permanent residence together in the United Kingdom.
• You will receive sufficient support in the UK without needing to rely on state subsidies;
• There is sufficient lodging available for you and any individuals that rely on you;
• You possess the necessary proficiency to speak and comprehend English.

The specific criteria that must be met to be eligible for a Proposed Civil Partner Visa may differ based on individual circumstances. It is advisable to see an immigration attorney for specialised guidance.

Status of Sponsoring Partner

To be eligible for a UK Proposed Civil Partner Visa, your partner must meet one of the following criteria:

• Be a British or Irish citizen in the UK; or
• Have indefinite leave to remain, settled status or permanent residence in the UK; or
• Have pre-settled status under Appendix EU; or
• Have limited leave to remain as a Turkish Businessperson or Turkish Worker under Appendix ECAA; or
• Have refugee leave or humanitarian protection status in the UK.

A British Citizen in the UK refers to a British Citizen who is accompanying you as your partner when you enter the UK. An individual having indefinite leave to remain in the UK refers to someone who is being granted settlement at the same time as you.

Minimum Age for a Proposed Civil Partner Visa

Both you and your partner must be at least 18 years old when you submit your Proposed Civil Partner Visa application.

UK Proposed Civil Partner Visa Relationship Requirement 

The UK Proposed Civil Partner Visa relationship requirement has various elements to it:

• You and your partner must not be within a prohibited degree of relationship;
• You and your partner must have met in person;
• Your relationship must be genuine and subsisting;
• You must be coming to the UK to enable your civil partnership to take place in the UK within 6 months of your arrival;
• Any previous relationship must have broken down permanently;
• You and your partner must intend to live together permanently in the UK.

Prohibited Degree of Relationship Requirement

To be eligible for a UK Proposed Civil Partnership Visa, you and your intended civil partner must not have a relationship that is forbidden by the Marriage Act 1949, the Marriage (forbidden Degrees of Relationship) Act 1986, and the Civil Partnership Act 2004.

It is required that you and your intended civil partner do not have any familial relationship in the following manners:

• Adoptive child
• Adoptive parent
• Child
• Former adoptive child
• Former adoptive parent
• Grandparent
• Grandchild
• Parent
• Parent’s sibling
• Sibling
• Sibling’s child

In this list ‘sibling’ means a brother, sister, half-brother or half-sister.

A proposed civil partnership between two individuals will only be eligible for a proposed civil partner visa if both parties are 21 years old or older. Additionally, the younger party must not have been considered a child of the family in relation to the other party before turning 18.

• Child of former civil partner
• Child of former spouse
• Former civil partner of grandparent
• Former civil partner of parent
• Former spouse of grandparent
• Former spouse of parent
• Grandchild of former civil partner
• Grandchild of former spouse

Requirement to Have Met in Person

Both you and your intended civil partner are required to have had a physical meeting. The criterion of 'meeting' necessitates the ability to provide evidence of an in-person encounter that led to the establishment of a shared acquaintance. Mere physical or verbal communication, whether in person or through phone or writing, would not meet the criteria for obtaining a UK Proposed Civil Partner Visa.

Genuine and Subsisting Relationship Requirement

To be eligible for a UK Proposed Civil spouse Visa, you must furnish the Home Office with proof that your connection with your spouse is authentic and ongoing.

Assessments regarding the authenticity and continuation of a relationship are determined on a case-by-case basis, considering all the facts and specific circumstances.

Factors Considered by the Home Office When Deciding Whether a Relationship Is Genuine and Subsisting

The Home Office takes into account various factors while assessing the authenticity and continuity of your connection, such as:

• Whether you and your proposed civil partner are in a current, long-term relationship; 
• Whether you and your proposed civil partner have been or are now living together;
• Whether you and your proposed civil partner have children together (biological, adopted or step-children) and shared responsibility for them; 
• Whether you and your proposed civil partner share financial responsibilities;
• Whether you and your proposed civil partner have visited the other’s home country and family;
• Whether you and your proposed civil partner have made definite plans concerning the practicalities of living together in the UK.

If the Home Office has concerns regarding the authenticity and enduring nature of your connection, it may conduct additional investigations, interview both you and your intended civil partner, or schedule a visit to your residence.

Documents Required to Prove a Genuine and Subsisting Relationship

The Home Office will want substantial proof of frequent communication, displays of affection and companionship, emotional assistance, and a strong concern for each other's welfare and well-being.

The Home Office typically requires proof of cohabitation.It is preferable for the documents to be in both your name and the name of your intended civil partner. Alternatively, you can depend on documents that are specifically sent to both individuals residing at the same address. Documents must have a recent date and come from a variety of sources. While official documents are the preferable form of proof, alternative documents that demonstrate cohabitation can be filed if official documents are not available.

If you and your intended civil partner have not cohabitated, or have not cohabitated for a significant duration, it is also feasible to present informal proof of a connection.

As previously stated, the Home Office will require substantial evidence of a legitimate and ongoing relationship. If the Home Office harbours suspicions regarding the authenticity and enduring nature of your connection, it may conduct additional investigations, interview both you and your intended civil partner, or schedule a visit to your residence. If there are valid reasons to question the authenticity or continuation of your connection, your application for a Proposed Civil Partner Visa will be denied.

Our immigration solicitors frequently provide guidance to applicants for the Proposed Civil Partner Visa regarding the specific documentary evidence that the Home Office requires to establish the authenticity of their relationship, which should be rooted in genuine affection and shared values, and must be ongoing at the time of the application. We do not depend on standardised lists of documents and exclusively provide guidance to our clients regarding the specific documents required to demonstrate an authentic and ongoing relationship, based on their individual circumstances.  

Intention to Register a Civil Partnership in the UK Within 6 Months

In order to facilitate the occurrence of your civil partnership in the United Kingdom, it is necessary for you to be seeking entry into the country. Additionally, it is important to note that the Proposed Civil Partner Visas have a duration of 6 months. Therefore, it is necessary to demonstrate to the Home Office that you have the intention to officially register a civil partnership within 6 months of your arrival in the UK. The Home Office typically requires some form of documentation or proof about the planning and organisation of your civil partnership ceremony.

Previous Relationship Broken Down Permanently

To be eligible for a UK Proposed Civil Partner Visa, both you and your proposed civil partner must not be currently married or in a civil partnership with another individual at the time of your visa application. Both individuals must possess the freedom to enter into matrimony.

If you have been previously married or have entered into a civil partnership, you must provide evidence to the Home Office that you are legally divorced, your civil partnership has been officially dissolved, or you are widowed.

You must furnish documentary evidence that adheres to the stipulations outlined in the Immigration Rules.

If either you or your intended civil partner had been previously married or entered into a civil partnership that has not been officially terminated, you may still be eligible for an Unmarried Partner Visa. It is necessary for you to present proof that the new relationship is authentic and ongoing, and that the prior relationship has irreversibly ended.

Intention to Live Together Permanently in the UK

To be eligible for a Proposed Civil Partner Visa, UK Visas & Immigration requires assurance that you and your intended civil partner have the intention to permanently reside together in the UK.

During the initial stage of the Proposed Civil Partner Visa application, it is necessary for both parties to make a definite commitment to permanently reside together in the UK immediately after the application is approved, or as soon as circumstances allow.

When submitting an application for an extension of stay or permanent residency as a civil partner, the Home Office will require that any periods of time spent outside the UK are restricted, with valid justification and in line with the aim to permanently reside together in the UK. Valid justifications may encompass periods of time spent abroad for professional purposes, vacations, educational pursuits, or training.

If you or your prospective civil partner spend a significant amount of time abroad, the Home Office may question your commitment to establishing a permanent residence together in the UK. The Home Office will evaluate the purpose of travel, duration of time away, and whether you and your civil partner cohabitated during your stay outside of the UK.

UK Proposed Civil Partner Visa Financial Requirement

To prove that you can be sufficiently supported in the UK without relying on public funding, you must meet the financial criteria for the Proposed Civil Partner Visa.

The financial criteria for a UK Proposed Civil Partner Visa application stipulate that, unless exempt, you must provide evidence that your intended civil partner (or both of you jointly if you are currently in the UK with valid permission to stay) has a minimum gross annual income of £29,000.

The minimal income requirement no longer includes a distinct kid element.

If your potential civil partner is currently receiving specific state benefits or entitlements, different factors will come into play when assessing the financial requirement for a UK Proposed Civil Partner Visa. In this case, the sponsor must be able to sufficiently support and provide housing for the family member they are sponsoring to enter or stay in the UK.

Meeting the financial criteria is necessary during the first application to join the UK as a prospective civil partner, as well as during the application to prolong your stay and when applying for indefinite permission to remain as a civil partner.

The Immigration Rules pertaining to the financial need for the Proposed Civil Partner Visa are intricate and encompass compulsory criteria for documented evidence. Applicants are responsible for proving that they meet the financial criterion. A frequent cause for rejection of a Proposed Civil Partner Visa application is the failure to furnish compulsory financial documentation.   

How to Satisfy the UK Proposed Civil Partner Visa Financial Requirement

The financial requirement for the UK Proposed Civil Partner Visa can be fulfilled through many means, such as relying on:

• Income from salaried or non-salaried employment of your proposed civil partner (and/or you if you are in the UK with permission to work); 
• Non-employment income, for example, income from property rental or dividends from shares; 
• Cash savings of your partner and/or yourself, above £16,000, held by your proposed civil partner and/or you for at least 6 months and under their / your control;
• State (UK or foreign), occupational or private pension of your proposed civil partner and/or yourself;
• Income from self-employment, and income as a director or employee of a specified limited company in the UK, of your proposed civil partner (and/or you if you are in the UK with permission to work).

Under some conditions, it is feasible to depend on a combination of the aforementioned sources of income to meet the financial criteria.

If your intended civil spouse is receiving specific state benefits or entitlements, different factors will need to be taken into account, as previously stated.

Applicants for the Proposed Civil Partner Visa who are using cash savings to meet the financial requirement should be aware that the amount of savings needed for the visa application and extension is different from the amount needed when applying for indefinite leave to remain as a civil partner.

If there are extraordinary situations where denying the application for the Proposed Civil Partner Visa would violate ECHR Article 8, alternative sources of income, financial assistance, or monies that the couple has access to may be considered.

Our immigration solicitors specialise in the financial requirement regulations for the Proposed Civil Partner Visa and frequently help UK applicants of this visa to understand and meet the complicated evidence requirements.

Proposed Civil Partner Visa Accommodation Requirement 

When you submit an application for entrance clearance as a prospective civil partner, you must furnish proof that there will be sufficient accommodation accessible to you and your prospective civil partner, without the necessity of depending on public funds, in a property that you either own or have sole occupancy of.

In order to proceed, you must present proof on the ownership or occupancy status of the property. This proof should establish that you have a legal and exclusive right to occupy the property, and that the property will not be overcrowded or violate any public health rules.

Proposed Civil Partner Visa English Language Requirement 

Unless you are exempt, as part of your application for a Proposed Civil Partner Visa, you must demonstrate to the Home Office that you meet the English language requirement.

When seeking entrance clearance through the Proposed Civil Partner Visa route, it is necessary to prove proficiency in the English language at a minimum level of CEFR A1. After successfully transitioning to the civil partner route, when you request for an extension of your stay as a civil partner (after having already held leave as a civil partner for 2.5 years), you will be required to prove your proficiency in the English language, at a minimum level of CEFR A2.

To fulfil the English language requirement for the Proposed Civil Partner Visa, you can:

• Holding the nationality of a majority English speaking country;
• Passing an approved English language test at or above the required CEFR level, with an approved provider as set out on Approved Secure English Language Tests and Test Centres; or
• Having an academic qualification which is either a Bachelor’s or Master’s degree or PhD if awarded in the UK; or, if awarded outside the UK, is deemed by Ecctis (formerly UK NARIC) to meet or exceed the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, and Ecctis (formerly UK NARIC) has confirmed that the degree was taught or researched in English at or above the required CEFR level.

In order to be exempt from the English language requirement you will normally have to prove that either:

• You are over the age of 65 at the date of application;
• You have a physical or mental disability which prevents you from meeting the English language requirement; 
• There are exceptional circumstances which mean that you cannot satisfy the English language requirement before entering the UK.

If you are not able to demonstrate that you meet the English language requirement (or are exempt), then your Proposed Civil Partner Visa application will be refused.

UK Proposed Civil Partner Visa Supporting Documents Checklists

The primary basis for rejection of a Proposed Civil Partner Visa application is typically the inadequate inclusion of documentation proof to substantiate the applicant's case.

The Immigration Rules impose stringent criteria for the documentation that must be provided to support an application for a UK Proposed Civil Partner Visa. The supporting documentation needed for a Proposed Civil Partner Visa application will differ for each instance, as every case is unique.

Applicants must use caution while utilising pre-existing document checklists for Proposed Civil Partner Visa applications. Seeking guidance from an immigration attorney can guarantee that the listed documents are suitable for one's specific circumstances.

If a necessary document is not provided, is in an incorrect format, or does not include all essential information, the application for a Proposed Civil Partner Visa may be rejected. The process of appeals can often span several months before a final decision is reached, and the ultimate result may be unpredictable. The submission of a new application will result in additional expenses and a further postponement.

Our immigration solicitors offer specialised guidance to applicants for the Proposed Civil Partner Visa regarding the necessary documentation for a successful application. They also review supporting documents to ensure compliance with the Immigration Rules.  

UK Proposed Civil Partner Visa Application Fee

The current charge for a UK Proposed Civil Partner Visa application submitted outside the UK is £1,846, as set by the Home Office. The current price for switching into the civil partner category from within the UK or extending stay as a civil partner is £1,048, as set by the Home Office. Extra charges will be incurred if you utilise the Priority Service.

UK Proposed Civil Partner Visa Processing & Decision Waiting Times

The current processing time for a Proposed Civil Partner Visa application submitted outside the UK by the Home Office is 24 weeks. By utilising the Priority Service, you can expect to get a judgement within a maximum of 30 business days. Out-of-country applications do not have a Super Priority Service available.

Applications for the proposed civil partner visas can only be submitted from outside the United Kingdom. Transitioning to the Proposed Civil Partner Visa category from within the UK is not feasible.     

Duration of a UK Proposed Civil Partner Visa

If your application for a UK Proposed Civil Partner Visa is approved, your visa will initially be valid for a period of 6 months.

Once your civil partnership is finalised, you can seek to transition into the Civil Partner category without needing to depart from the UK.

If your application for an extension of your stay in the UK as a Civil Partner is approved, you will be given permission to stay for an additional period of 30 months. In order to prevent the expiration of your Civil Partner leave, you must request an extension for an additional 30 months.

Once you have spent a duration of 5 years in the UK as the Civil Partner of a British citizen or settled person, you will meet the requirements to apply for indefinite leave to remain.

Working in the UK on a Proposed Civil Partner Visa

Individuals holding a Proposed Civil Partner Visa are prohibited from engaging in employment within the United Kingdom.

UK Proposed Civil Partner Visa Frequently Asked Questions

How Can I Register a Civil Partnership in the UK?

If you intend to go to the UK for the purpose of registering a civil partnership, there are two primary immigration options to consider: the Civil Partnership Visit visa and the Proposed Civil Partner visa.

The Civil Partnership Visit visa is intended for those who desire to go to the UK specifically for the purpose of officially registering a civil partnership or providing notification of a civil partnership within the UK.

The Proposed Civil Partner visa is intended for individuals who are engaged to British citizens, have indefinite leave to remain in the UK, refugee leave or humanitarian protection, or limited leave to remain under Appendix EU or Appendix ECAA. The purpose of this visa is to allow them to enter the UK and officially register a civil partnership within 6 months of their arrival.

Where Can I Apply for A UK Proposed Civil Partner Visa?

To apply for a UK Proposed Civil Partner Visa, it is necessary to submit the application while being outside of the UK. You should submit your application in the nation where you have legal residency, excluding cases where you are only a temporary tourist. Citizenship is not a prerequisite.

How Do I Apply for a UK Proposed Civil Partner Visa?

Civil Partner Visa applications are submitted through an online application form.

Prior to submitting an application for a UK Proposed Civil Partner Visa, it is advisable to consult an immigration lawyer to ensure that you have the appropriate application form for your specific circumstances.

It is advisable to gather your supporting papers concurrently with the preparation of your Proposed Civil Partner Visa application form. This is because there are some document requirements that need the documents to be dated prior to the submission of the online application form.

Currently, individuals have the ability to submit scanned copies of their supporting documents for the Proposed Civil Partner Visa to be assessed by the Home Office. Nevertheless, it is advisable to verify the specific method for the country where you plan to apply at the moment of your application, as the Home Office periodically modifies this system.

What if I Do Not Register a Civil Partnership Within 6 Months?

If your civil partnership is not established before your Proposed Civil Partner Visa expires, you have the option to apply for a 6-month extension to allow the ceremony to take place. However, this extension is only granted if there is a valid reason for the delay and there is evidence that the ceremony will occur within the next 6 months.

When Can I Apply for a British Passport?

Upon initial entry into the Proposed Civil Partner Visa category, you will be authorised to remain for a duration of 6 months. After successfully registering a civil partnership, you will have the opportunity to request a transfer to the Civil Partner Visa category. If this application is approved, you will be given an additional leave of two and a half years. Subsequently, you will need to submit an extension application prior to the expiration of this leave, and upon approval, you will be awarded an additional duration of two and a half years.

The majority of individuals in the Civil Partner Visa category follow a five-year path to obtaining settlement status. After receiving two grants lasting 30 months each, individuals become eligible for Indefinite Leave to Remain.

Certain individuals are following a ten-year trajectory towards establishing permanent residency, and they will be required to obtain four periods of authorised stay. If you decide to transition from the five year route to the ten year route after entering the UK, you have the option to include both instances of granted leave in the total term required for the ten year route.

After acquiring Indefinite Leave to Remain in the UK, individuals who are married to a British citizen might promptly seek to Naturalise as a British Citizen. If you are not legally wedded to a citizen of the United Kingdom, you will be required to wait for a duration of 12 months before you are eligible to submit an application.

What if My Proposed Civil Partner Visa Application Is Refused?

If your application for a UK Proposed Civil Partner Visa is rejected, you are entitled to use your right to appeal. This occurs because a suggested civil partner application is inherently considered a human rights assertion.

The appeal will be reviewed by the First-tier Tribunal (Immigration and Asylum Chamber) in the United Kingdom.

If you are located in the United Kingdom, both you and your intended civil partner will have the opportunity to attend and provide testimony in front of the Judge.

If you are located outside of the UK, your intended civil partner will have the opportunity to attend the proceedings. However, you may submit a written statement along with supporting documentation for the Tribunal's evaluation. If deemed suitable in your situation, arrangements can be arranged for you to provide evidence remotely.

The immigration appeal proceedings might have a lengthy duration before a decision is reached, and the final result may be unpredictable. We strongly advise consulting with a specialised immigration attorney for legal guidance and counsel prior to initiating an appeal against the rejection of a Proposed Civil Partner Visa application.

What if I Cannot Satisfy the Requirements for a UK Proposed Civil Partner Visa?

If you are unable to meet the criteria for a UK Proposed Civil Partner Visa, you may still be eligible to enter or stay in the UK based on human rights considerations, such as:

• You have a child in the UK who is a British or Irish citizen;
• You have a child in the UK who has lived in the UK for at least 7 years and it would be unreasonable for them to leave the UK;
• There would be very significant difficulties for you and your proposed civil partner that could not be overcome if you lived together as a couple outside the UK;
• It would otherwise breach your human rights to prevent you from coming to the UK or to make you leave the UK.

The UK Fiance Visa is intended for individuals who are engaged to British or Irish citizens, individuals who have settled status in the UK, individuals with pre-settled status, individuals with a Turkish Businessperson or Turkish Worker visa, and individuals with refugee status or humanitarian protection. This visa allows them to enter the UK and get married within 6 months of their arrival. To apply for a UK Fiance Visa, it is necessary to submit the application while being physically present outside the UK.

The UK Fiance Visa does not directly result in permanent residency in the UK. After being married in the UK, you can apply for an extension of your stay on the Spouse visa route from within the UK. The UK Spouse Visa might result in obtaining indefinite leave to remain or settlement in the UK after a duration of 5 years.

UK Fiance Visa Requirements

To be eligible for a UK Fiance Visa, you must demonstrate to UK Visas and Immigration that you fulfil the following criteria:

• If your partner is either British or Irish, residing in the UK, and has been given pre-settled status, has a Turkish Businessperson or Turkish Worker visa, or has been awarded refugee status or humanitarian protection, they meet the criteria.
• Both of you are above the age of 18;
• You have had a face-to-face encounter;
• Your bond is authentic and currently existing;
• You plan to get married within six months of your arrival in the UK;
• All past relationships have irreversibly ended;
• Your intention is to establish a permanent residence in the United Kingdom.
• You will receive sufficient support in the UK without needing to rely on state subsidies;
• There is sufficient lodging available for you and any individuals that rely on you;
• You possess the necessary proficiency in both speaking and comprehending the English language.

The specific criteria that must be met to be eligible for a UK Fiance Visa may differ based on individual circumstances. It is advisable to see an immigration attorney for specialised guidance.

Status of Sponsoring Partner

To be eligible for a UK Fiance Visa, your partner must meet one of the following criteria:

• Be a British or Irish citizen in the UK; or
• Have indefinite leave to remain, settled status or permanent residence in the UK; or
• Have pre-settled status under Appendix EU; or
• Have limited leave to remain as a Turkish Businessperson or Turkish Worker under Appendix ECAA; or
• Have refugee leave or humanitarian protection status in the UK.

A British Citizen in the UK encompasses an individual who holds British citizenship and is accompanying you as your partner upon arrival in the UK. An individual with indefinite leave to remain in the UK refers to someone who is being granted settlement at the same time as yourself.

Minimum Age for a Fiance Visa

You and your partner must both be over the age of 18 on the date when you submit your Fiance Visa application.

UK Fiance Visa Relationship Requirement 

The UK Fiance Visa relationship requirement has various elements to it:

• You and your partner must not be within a prohibited degree of relationship;
• You and your partner must have met in person;
• Your relationship must be genuine and subsisting;
• You must be coming to the UK to enable your marriage to take place in the UK within 6 months of your arrival;
• Any previous relationship must have broken down permanently;
• You and your partner must intend to live together permanently in the UK.

Prohibited Degree of Relationship Requirement

To be eligible for a UK Fiance Visa, you and your fiance must not be closely related according to the Marriage Act 1949 and the Marriage (Prohibited Degrees of Relationship) Act 1986.

It is imperative that you and your fiancé do not share any familial connections in the following manners:

• Adoptive child
• Adoptive parent
• Child
• Former adoptive child
• Former adoptive parent
• Grandparent
• Grandchild
• Parent
• Parent’s sibling
• Sibling
• Sibling’s child

In this list ‘sibling’ means a brother, sister, half-brother or half-sister.

A proposed marriage between a person and any person in the following list will not qualify for a fiance visa until both parties are aged 21 or over, and provided that the younger party has not at any time before attaining the age of 18 been a child of the family in relation to the other party:

• Child of former civil partner
• Child of former spouse
• Former civil partner of grandparent
• Former civil partner of parent
• Former spouse of grandparent
• Former spouse of parent
• Grandchild of former civil partner
• Grandchild of former spouse

Requirement to Have Met in Person

It is necessary for you and your fiance to have had a face-to-face meeting. In order to fulfil the condition of having 'met', it is necessary to provide evidence of a personal encounter that led to the establishment of a shared acquaintance. Mere physical or verbal communication, whether in person or through phone or writing, would not meet the criteria for obtaining a UK Fiance Visa.

Genuine and Subsisting Relationship Requirement

To be eligible for a UK Fiance Visa, you must furnish the Home Office with proof that your connection with your spouse is authentic and ongoing.

Assessments regarding the authenticity and continuation of a relationship are determined on a case-by-case basis, considering all the facts and specific circumstances. 

Factors Considered by the Home Office When Deciding Whether a Relationship Is Genuine and Subsisting

The Home Office takes into account various factors while assessing the authenticity and continuity of your connection, such as:

• Whether you and your fiance are in a current, long-term relationship; 
• Whether you and your fiance have been or are now living together;
• Whether you and your fiance have children together (biological, adopted or step-children) and shared responsibility for them; 
• Whether you and your fiance share financial responsibilities;
• Whether you and your fiance have visited the other’s home country and family;
• Whether you and your fiance have made definite plans concerning the practicalities of living together in the UK.

If the Home Office harbours suspicions regarding the authenticity and enduring nature of your relationship, it may conduct additional investigations, interview both you and your fiancé, or schedule a visit to your residence.

Documents Required to Prove a Genuine and Subsisting Relationship

The Home Office will want substantial proof of frequent communication, displays of affection and companionship, emotional assistance, and a strong concern for each other's welfare and well-being.

The Home Office typically requires proof of cohabitation.It is preferable for the documents to be in both your name and your fiance's name together. Alternatively, you can depend on documents that are specifically directed to each of you individually, but sent to the same location. Documents must have a recent date and come from various sources. While official documents are the preferable form of proof, alternative documentation demonstrating cohabitation can still be accepted if official documents are not available.

If you and your fiancé have not cohabitated, or have not cohabitated for a little duration, it is also feasible to present informal proof of a connection.

As previously stated, the Home Office will require substantial evidence of a legitimate and ongoing relationship. If the Home Office harbours suspicions regarding the authenticity and enduring nature of your relationship, it may conduct additional investigations, interview both you and your fiancé, or schedule a visit to your residence. If there are valid reasons to question the authenticity or durability of your relationship, your Fiance Visa application will be rejected.

Our immigration solicitors frequently provide guidance to Fiance Visa applicants regarding the specific documentary evidence that the Home Office requires to confirm the authenticity of their relationship, which should be founded on genuine affection and shared values, and must still be ongoing at the time of the application. We do not depend on pre-made lists of documents and exclusively provide guidance to our clients regarding the specific documents required to demonstrate an authentic and ongoing relationship, based on their individual circumstances. 

Intention to Marry in the UK Within 6 Months

You must be applying for entrance to the UK in order to facilitate your marriage ceremony in the United Kingdom. Additionally, it is crucial to demonstrate to the Home Office that you have the intention to marry within the 6-month validity period of the Fiance Visa upon your arrival in the UK. The Home Office typically requires some form of documentation or proof about the planning and organisation of your wedding, as well as any preparations made for the actual wedding day.

Previous Relationship Broken Down Permanently

To be eligible for a UK Fiance Visa, both you and your fiance must be single and not in a civil partnership or marriage with anyone else at the time of your Fiance Visa application. Both individuals must possess the freedom to enter into marriage.

If you have been previously married or have entered into a civil partnership, you must provide evidence to the Home Office that you are legally divorced, your civil partnership has been legally dissolved, or you are widowed.

You must furnish documentary evidence that adheres to the stipulations outlined in the Immigration Rules. For instance, in the United Kingdom, a divorce is legally established by obtaining a decree absolute from a civil court. A divorce that takes place outside of the UK must be supported by a document that is comparable to a decree absolute certificate and is legally recognised in the nation where the divorce occurred.

If either you or your fiancé have been previously married and the marriage has not been legally terminated, you may still be eligible for an Unmarried Partner Visa. It is necessary for you to present proof that the new relationship is authentic and ongoing, and that the prior relationship has irreversibly ended.

Intention to Live Together Permanently in the UK

To be eligible for a Fiance Visa, UK Visas & Immigration requires assurance that you and your fiance have the intention to permanently reside together in the UK.

During the initial stage of the Fiance Visa application, it is necessary for both of you to make a definite promise to live together permanently in the UK immediately after the outcome of your Fiance Visa application, or as soon as circumstances allow thereafter.

When submitting an application for an extension of stay or permanent residency as a spouse, the Home Office will require that any time spent outside the UK be restricted, with valid justification and in line with the aim to permanently reside together in the UK. Valid justifications may encompass periods of time spent abroad for professional purposes, vacationing, educational pursuits, or training.

If either you or your future husband spend a significant amount of time abroad, the Home Office may question your commitment to permanently reside together in the UK. The Home Office will assess the purpose of trip, duration of time away, and whether you and your spouse travelled and resided together while outside the UK.

UK Fiance Visa Financial Requirement

To prove that you can be sufficiently supported in the UK without relying on public funding, you must meet the financial criteria of the Fiance Visa.

In order to apply for a UK Fiance Visa, it is necessary to meet the financial criteria, which stipulates that, unless exempt, you must prove that your Fiance (or both of you jointly if you are already in the UK with legal leave to remain) has a minimum gross annual income of £29,000.

The minimal income requirement no longer includes a distinct kid element.

If your fiance is receiving certain state benefits or entitlements, different factors will need to be taken into account. The financial criteria for a UK Fiance Visa states that the sponsor must be able to sufficiently support and provide accommodation for the family member they are sponsoring to enter or stay in the UK.

Meeting the financial criteria is mandatory at three stages: when initially applying to enter the UK as a fiancé, when applying to extend your stay as a spouse, and when applying for indefinite leave to remain as a spouse.

The Fiance Visa financial criterion under the Immigration Rules is intricate and encompasses obligatory documentation evidence requirements. Applicants are responsible for proving that they meet the financial criterion. A frequent cause for the rejection of a Fiance Visa application is the failure to submit compulsory financial documentation.  

How to Satisfy the UK Fiance Visa Financial Requirement

The financial criterion for the UK Fiance Visa can be fulfilled through many means, such as relying on:

• Income from salaried or non-salaried employment of your fiance (and/or you if you are in the UK with permission to work); 
• Non-employment income, for example, income from property rental or dividends from shares; 
• Cash savings of your partner and/or yourself, above £16,000, held by your fiance and/or you for at least 6 months and under their / your control;
• State (UK or foreign), occupational or private pension of your fiance and/or yourself;
• Income from self-employment, and income as a director or employee of a specified limited company in the UK, of your fiance (and/or you if you are in the UK with permission to work).

In some circumstances it is possible to rely on a combination of the above sources of income to satisfy the financial requirement.  

As mentioned above, different considerations will apply if your fiance is in receipt of certain state benefits or entitlements. 

Also, Fiance Visa applicants relying on cash savings to satisfy the Fiance Visa financial requirement may wish to keep in mind that the level of cash savings required in an entry clearance and extension application is different from the level required when applying for indefinite leave to remain as a spouse. 

In exceptional circumstances in which refusal of the Fiance Visa application could otherwise breach ECHR Article 8, other credible and reliable sources of income, financial support or funds available to the couple may be taken into account.

Our immigration solicitors are experts in the Fiance Visa financial requirement rules and regularly assist UK Fiance Visa applicants to navigate the complex evidential requirements.

Fiance Visa Accommodation Requirement 

When applying for entrance clearance as a fiance, you must submit proof of sufficient lodging for both you and your fiance. This accommodation should be privately owned or exclusively occupied, and should not require any financial assistance from public sources.

In order to proceed, you must present proof of the ownership or occupancy of the property, demonstrating that you have the legal and exclusive right to occupy it. Additionally, you must ensure that the property will not be overcrowded or violate any public health rules.

Fiance Visa English Language Requirement 

Unless you are exempt, you must demonstrate to the Home Office, as part of your Fiance Visa application, that you meet the English language requirement.

When seeking entrance clearance through the Fiance Visa route, it is necessary to prove proficiency in the English language at a minimum of CEFR level A1. After successfully transitioning to the spouse route and completing 2.5 years of leave as a spouse, you must show proficiency in the English language at a minimum of CEFR level A2 when applying for further leave to remain as a spouse.

To fulfil the English language requirement for the Fiance Visa, you can:

• Holding the nationality of a majority English speaking country;
• Passing an approved English language test at or above the required CEFR level, with an approved provider as set out on Approved Secure English Language Tests and Test Centres; or
• Having an academic qualification which is either a Bachelor’s or Master’s degree or PhD if awarded in the UK; or, if awarded outside the UK, is deemed by Ecctis (formerly UK NARIC) to meet or exceed the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, and Ecctis (formerly UK NARIC) has confirmed that the degree was taught or researched in English at or above the required CEFR level.

In order to be exempt from the English language requirement you will normally have to prove that either:

• You are over the age of 65 at the date of application;
• You have a physical or mental disability which prevents you from meeting the English language requirement; 
• There are exceptional circumstances which mean that you cannot satisfy the English language requirement before entering the UK.

If you are not able to demonstrate that you meet the English language requirement (or are exempt), then your Fiance Visa application will be refused.

UK Fiance Visa Supporting Documents Checklists

The primary basis for the rejection of a Fiance Visa application is typically the inadequate inclusion of documentary evidence by the applicant to substantiate their claim.

The Immigration Rules impose stringent criteria for the documentation that must be provided to support an application for a UK Fiance Visa. The supporting documentation needed for a Fiance Visa application will fluctuate depending on the specific circumstances of each case.

Applicants must use caution when utilising pre-existing document checklists for Fiance Visa applications. Seeking guidance from an immigration attorney will guarantee that the specified documents are suitable for one's specific circumstances.

If a necessary document is not submitted, is in an incorrect format, or lacks essential information, the application for a Fiance Visa may be rejected. The process of appeals can span several months before a final decision is reached, and the ultimate result may be unpredictable. Submitting a new application will incur more expenses and cause further delays.

Our immigration solicitors offer specialised guidance to applicants for Fiance Visas regarding the necessary documentation for a successful application. They also review supporting documents to ensure they meet the requirements outlined in the Immigration Rules.

UK Fiance Visa Application Fee

The current charge for a UK Fiance Visa application submitted outside the UK is £1,846, as set by the Home Office. The current charge for switching into the spouse category or extending stay as a spouse from within the UK is £1,048, as set by the Home Office. Using the Priority Service will incur extra charges.

UK Fiance Visa Processing & Decision Waiting Times

The current processing time for a Fiance Visa application submitted outside the UK by the Home Office is 24 weeks. By utilising the Priority Service, you can expect to get a judgement within a maximum of 30 business days. Out-of-country applications do not have a Super Priority Service available.

Fiance Visas can exclusively be applied for from outside the UK. Switching to the Fiance Visa category from within the UK is not feasible.

Duration of a UK Fiance Visa

If your application for a UK Fiance Visa is approved, your visa will have an initial validity period of 6 months.

Once your wedding ceremony has been conducted, you will become entitled to petition for a change of status to the Spouse category without the requirement of leaving the United Kingdom.

If your application for an extension of your stay in the UK as a Spouse is approved, you will be given permission to stay for an additional 30 months. In order to prevent the expiration of your Spouse leave, it is necessary for you to request an extension of an additional 30 months.

Once you have spent a duration of 5 years in the UK as the spouse of a British citizen or settled individual, you will meet the requirements to apply for indefinite leave to remain.

Working in the UK on a Fiance Visa

Individuals holding a Fiance Visa are prohibited from engaging in employment within the United Kingdom.

UK Fiance Visa Frequently Asked Questions

How Can I Get Married in the UK?

If you desire to travel to the UK for the purpose of getting married, there are two primary immigration options to consider: the Marriage Visit visa and the Fiance visa.

The Marriage Visit visa is intended for those who desire to go to the UK specifically for the purpose of getting married or providing official notification of a marriage in the UK.

The Fiance visa is intended for those who are engaged to British nationals, individuals having indefinite permission to remain in the UK, individuals with refugee status or humanitarian protection, or individuals with limited leave to remain under Appendix EU or Appendix ECAA. The purpose of this visa is to allow them to visit the UK and get married within 6 months of their arrival.

Where Can I Apply for A UK Fiance Visa?

To apply for a UK Fiance Visa, one must submit the application while being physically present outside the UK. You should submit your application in the nation where you have permanent residency, rather than as a temporary visitor. Citizenship is not a prerequisite.

How Do I Apply for a UK Fiance Visa?

Fiance Visa applications are submitted through an electronic application form.

Prior to submitting an application for a UK Fiance Visa, it is advisable to consult an immigration lawyer to determine the appropriate application form based on your specific circumstances.

It is advisable to gather your supporting documents concurrently with the completion of your Fiance Visa application form. This is because there are certain document prerequisites that mandate the documents to be dated prior to the submission date of the online application form.

The existing procedure permits individuals to submit scanned copies of their supporting documentation for the Fiance Visa to be assessed by the Home Office. Nevertheless, it is advisable to verify the specific protocol for the country where you plan to submit your application at the time of applying, as the Home Office periodically modifies this method.

What if I Do Not Get Married Within 6 Months?

If your marriage is not conducted before the expiration of your Fiance Visa, you have the option to request an extension of your stay for an additional 6 months. This extension is granted on the condition that there is a valid reason for the delay and there is sufficient evidence to support the fact that the marriage ceremony will occur within the next 6 months.

When Can I Apply for a British Passport?

Upon initial entry into the Fiance Visa category, you will be authorised to remain for a duration of 6 months. After getting married, you will have the opportunity to file for a change to the Spouse Visa category. If this application is approved, you will be given additional permission to be absent for a duration of two and a half years. Subsequently, you will need to submit an extension application prior to the expiration of your current leave, and upon approval, you will be awarded an additional duration of two and a half years.

The majority of individuals in the Spouse Visa category follow a five-year path towards settlement. After receiving two grants of 30 months each, individuals become eligible for Indefinite Leave to Remain.

Certain individuals are following a ten-year trajectory towards establishing permanent residency, and they will be required to get four grants of leave. If you decide to transition from the five year route to the ten year route after entering the UK, you have the option to include both instances of granted leave in the total term required for the ten year route.

After acquiring Indefinite Leave to Remain in the UK, individuals who are married to a British citizen might promptly seek to Naturalise as a British Citizen. Unless you are married to a British citizen, you must wait for a duration of 12 months before you are eligible to submit an application.

What if My Fiance Visa Application Is Refused?

If your application for a UK Fiance Visa is rejected, you are entitled to use your right to appeal. This is because a fiancé application is automatically seen as a claim based on human rights.

The appeal will be adjudicated before the First-tier Tribunal (Immigration and Asylum Chamber) in the United Kingdom.

If you are located in the United Kingdom, both you and your fiance will have the opportunity to attend and provide testimony in front of the Judge.

If you are located outside of the UK, your fiance will have the opportunity to attend the proceedings. However, you may submit a written statement along with supporting documentation for the Tribunal's evaluation. If deemed suitable for your situation, provisions can be made for you to provide testimony remotely.

The process of immigration appeal proceedings can be lengthy, often spanning several months, and the final decision may be unpredictable. We strongly advise consulting with a specialised immigration attorney to obtain legal guidance and representation prior to initiating an appeal against the denial of a Fiance Visa application.

What if I Cannot Satisfy the Requirements for a UK Fiance Visa?

If you are unable to meet the criteria for a UK Fiance Visa, you may still be eligible to enter or stay in the UK based on human rights considerations, such as:

• You have a child in the UK who is a British or Irish citizen;
• You have a child in the UK who has lived in the UK for at least 7 years and it would be unreasonable for them to leave the UK;
• There would be very significant difficulties for you and your fiance that could not be overcome if you lived together as a couple outside the UK;
• It would otherwise breach your human rights to prevent you from coming to the UK or to make you leave the UK.

The Unmarried Partner Visa is available to individuals who are settled in the UK, have pre-settled status, have a Turkish Businessperson or Turkish Worker visa, or have refugee status or humanitarian protection and wish to join or remain with their unmarried partner in the UK. This visa is also available to long-term partners of British or Irish citizens. If your unmarried companion is currently outside the United Kingdom but plans to return with you, you may also apply for a UK Unmarried companion Visa.

the UK Unmarried Partner Visa may result in indefinite leave to remain or settlement in the UK after a five-year period.

Unmarried Partner Visa Requirements

To be eligible for a UK Unmarried Partner Visa, you must demonstrate that you meet the following criteria, as outlined by UK Visas and Immigration:

Your partner has been granted pre-settled status, is British or Irish, is settled in the UK, possesses a Turkish Businessperson or Turkish Worker visa, or has refugee status or humanitarian protection.

You and your companion are both over the age of 18.

You and your companion have had the opportunity to meet in person.

For a minimum of two years, you and your companion have been in a relationship that is comparable to marriage or civil partnership.

Your relationship is authentic and ongoing; You and your partner intend to reside permanently in the United Kingdom; Any prior relationship has ended permanently; You meet a financial obligation; There is sufficient housing for you and any dependents; You possess the necessary level of English proficiency.

The specific requirements that must be met in order to qualify for an Unmarried Partner Visa may differ based on your circumstances. For expert guidance, it may be beneficial to consult with an immigration solicitor.

Status of Sponsoring Partner

To be eligible for a UK Unmarried Partner Visa, your partner must meet one of the following criteria:

• Be a British or Irish citizen in the UK
• Have indefinite leave to remain, settled status, or permanent residence in the UK
• Have pre-settled status under Appendix EU
• Have limited leave to remain as a Turkish Businessperson or Turkish Worker under Appendix ECAA
• Have refugee leave or humanitarian protection status in the UK

A British Citizen in the United Kingdom is defined as a British citizen who is accompanying you as your companion. A person who is being admitted for settlement on the same occasion as you are considered to have indefinite leave to remain in the UK.

Minimum Age for an Unmarried Partner Visa

On the date of submission of your Unmarried companion Visa application, both you and your companion must be at least 18 years of age.

UK Unmarried Partner Visa Relationship Requirement 

• The relationship requirement for the UK Unmarried Partner Visa is comprised of several components:
• Both you and your companion must have encountered each other in person. Additionally, you must have been in a relationship that is comparable to marriage or civil partnership for a minimum of two years.
• Your relationship must be authentic and ongoing.
• You and your companion must have the intention of residing in the United Kingdom permanently. Additionally, any previous relationships must have ended permanently.

Requirement to Have Met in Person

You and your unmarried companion must have encountered each other in person. The requirement to have "met" entails the ability to show that a mutual acquaintance was formed as a result of a face-to-face meeting. The requirements for a UK Unmarried Partner Visa cannot be met by merely engaging in face-to-face communication, followed by telephone or written correspondence.

Requirement to Have Been in a Relationship for at Least 2 Years

To be eligible for an Unmarried companion Visa, you and your unmarried companion must have been in a relationship that is comparable to marriage or civil partnership for a minimum of two years prior to the date of your visa application.

The Immigration Rules have eliminated the previous requirement that the parties have physically resided together in a relationship that is comparable to marriage or civil partnership for a minimum of two years.

The Home Office will anticipate that you will be able to submit documentation that verifies that you and your companion have been in a relationship that is comparable to marriage or civil partnership for a minimum of two years, despite not necessarily living together.

However, you may still be eligible to join or accompany your companion on the basis of exceptional circumstances if you have been in a relationship with them for less than two years. Our immigration attorneys in London can provide guidance on the likelihood of a successful application.

Genuine and Subsisting Relationship Requirement

The Home Office will require evidence that the relationship between you and your companion is a genuine and subsisting relationship in order to qualify for a UK Unmarried companion Visa.

On a case-by-case basis, decisions regarding the authenticity and ongoingThe Home Office will require evidence that the relationship between you and your companion is a genuine and subsisting relationship in order to qualify for a UK Unmarried companion Visa.

On a case-by-case basis, decisions regarding the authenticity and ongoingness of a relationship are made, taking into consideration all available evidence and individual circumstances.ness of a relationship are made, taking into consideration all available evidence and individual circumstances. The Home Office will require evidence that the relationship between you and your companion is a genuine and subsisting relationship in order to qualify for a UK Unmarried companion Visa.

On a case-by-case basis, decisions regarding the authenticity and ongoingness of a relationship are made, taking into consideration all available evidence and individual circumstances.

Factors Considered by the Home Office When Deciding Whether a Relationship Is Genuine and Subsisting

The Home Office may evaluate the authenticity and sustainability of your relationship by considering the following factors:

• Whether you and your unmarried companion are currently in a long-term, committed relationship;
• To determine whether you and your unmarried companion have lived together or are currently living together;
• Whether you and your unmarried partner have children together (biological, adopted, or step-children) and share responsibility for them;
• Whether you and your unmarried partner share financial responsibilities;
• Whether you and your unmarried companion have visited the home country and family of the other person.
• Whether you and your unmarried partner have established specific arrangements for the practicalities of cohabitation in the United Kingdom.

In the event that the Home Office has reservations regarding the authenticity and permanence of your relationship, it may conduct additional investigations, interview you and your unmarried companion, or schedule a home visit.

Documents Required to Prove a Genuine and Subsisting Relationship

Significant evidence of regular contact, indications of affection and companionship, emotional support, and an abiding interest in each other's welfare and wellbeing will be anticipated by the Home Office.

While it is no longer necessary to have lived together for two years, evidence of cohabitation may be more readily accepted as evidence of a genuine and subsisting relationship. Ideally, documents should be jointly owned by you and your unmarried companion. Alternatively, it is feasible to depend on documents that are addressed to you both individually at the same address. Documents should be sourced from a variety of sources and be dated within the past few years. The submission of official documents is preferable; however, if it is not feasible to submit exclusively official documents, other documents that demonstrate cohabitation may also be submitted.

It is also feasible to furnish informal evidence of a relationship if you and your unmarried companion have not resided together for an extended period.

As previously stated, the Home Office anticipates the presence of substantial evidence of a genuine and ongoing relationship. In the event that the Home Office has reservations regarding the authenticity and permanence of your relationship, it may conduct additional investigations, interview you and your unmarried companion, or schedule a home visit. Your Unmarried Partner Visa application will be denied if there are reasonable grounds to doubt the authenticity or continuation of your relationship.

Our immigration solicitors frequently provide guidance to Unmarried Partner Visa applicants regarding the documentary evidence that the Home Office will require to verify that their relationship is genuine, rooted in shared values and genuine affection, and that it is currently ongoing at the time of the application. We do not rely on templated lists of documents and exclusively provide our clients with the necessary documents to establish a genuine and ongoing relationship based on their unique personal circumstances. 

Intention to Live Together Permanently in the UK

UK Visas & Immigration will ensure that you and your unmarried companion intend to reside permanently in the UK in order to qualify for an Unmarried companion Visa.

This will necessitate a clear commitment from both of you to reside permanently in the UK immediately following the outcome of your Unmarried Partner Visa application, or as soon as circumstances permit, at the initial Unmarried Partner Visa application stage.

The Home Office will anticipate that any periods of time spent outside the UK will be restricted, provided that they are justified and consistent with the intention to reside permanently in the UK, when you apply for further leave to remain or indefinite leave to remain as an unmarried partner. Time spent abroad for work, vacation, training, or education may serve as valid justifications.

The Home Office may question your commitment to permanently residing in the United Kingdom if you or your unmarried companion spend the majority of your time abroad. The Home Office will evaluate the duration of your absence, the reasons for your travel, and whether you and your unmarried companion resided and travelled together during your time abroad.

Previous Relationship Broken Down Permanently

The Home Office will require evidence that any prior relationship between you or your partner has been irrevocably terminated.

If you or your unmarried companion have been previously married or in a civil partnership, you will typically be required to provide specific evidence that the marriage or civil partnership has come to an end.

If you or your unmarried companion have been married or in a civil partnership in the past and the marriage or civil partnership has not been legally dissolved, you may still be eligible for an Unmarried companion Visa. You will be required to furnish evidence that the new relationship is genuine and ongoing, and that the previous relationship has broken down irreversibly.

UK Unmarried Partner Visa Financial Requirement

To satisfy the financial requirement for the Unmarried Partner Visa, it is necessary to demonstrate that you can be adequately supported in the UK without relying on public funds.

The financial requirements for a UK Unmarried Partner Visa application are as follows: unless exempt, you must demonstrate that your unmarried partner (or both of you jointly if you are in the UK with valid leave to remain) has a cumulative annual income of at least £29,000.

The minimal income requirement no longer includes a distinct child element.

When the financial requirement for a UK Unmarried Partner Visa is that the sponsor can "adequately maintain and accommodate" the family member being sponsored to enter or remain in the UK, different considerations will apply if your unmarried partner is in receipt of certain state benefits or entitlements.

When you initially apply to enter the United Kingdom as an unmarried partner, when you apply to extend your stay as an unmarried partner, and when you apply for indefinite leave to remain as an unmarried partner, you will be required to satisfy the financial requirement.

The financial requirement for the Unmarried Partner Visa is governed by intricate Immigration Rules, which include mandatory documentary evidence requirements. Applicants are responsible for proving that the financial requirement has been satisfied. The absence of mandatory financial evidence is one of the most prevalent causes of rejection for an Unmarried Partner Visa application.

How to Satisfy the UK Unmarried Partner Visa Financial Requirement

The UK Unmarried Partner Visa financial requirement can be satisfied in a variety of different ways, including by relying on:

• Income from salaried or non-salaried employment of your unmarried partner (and/or you if you are in the UK with permission to work); 
• Non-employment income, for example, income from property rental or dividends from shares; 
• Cash savings of your unmarried partner and/or yourself, above £16,000, held by your unmarried partner and/or you for at least 6 months and under their / your control;
• State (UK or foreign), occupational or private pension of your unmarried partner and/or yourself;
• Income from self-employment, and income as a director or employee of a specified limited company in the UK, of your unmarried partner (and/or you if you are in the UK with permission to work).

In some circumstances it is possible to rely on a combination of the above sources of income to satisfy the financial requirement.  

As mentioned above, different considerations will apply if your unmarried partner is in receipt of certain state benefits or entitlements. 

Also, Unmarried Partner Visa applicants relying on cash savings to satisfy the Unmarried Partner Visa financial requirement may wish to keep in mind that the level of cash savings required in an entry clearance and extension application is different from the level required when applying for indefinite leave to remain as an unmarried partner. 

In exceptional circumstances in which refusal of the Unmarried Partner Visa application could otherwise breach ECHR Article 8, other credible and reliable sources of income, financial support or funds available to the couple may be taken into account.

Our immigration solicitors are experts in the Unmarried Partner Visa financial requirement rules and regularly assist UK Unmarried Partner Visa applicants to navigate the complex evidential requirements.

Unmarried Partner Visa Accommodation Requirement 

You will be required to submit evidence that there will be sufficient accommodation available for you and your unmarried partner, without the necessity of utilising public funds, in accommodation that you either own or occupy exclusively, regardless of whether you are applying for entry clearance or for additional leave to remain as an unmarried partner.

You will be required to furnish evidence that the property is legally and exclusively owned or occupied, that you are legally and exclusively entitled to occupy the property, and that the property will not be congested or in violation of public health regulations.

Unmarried Partner Visa English Language Requirement 

Unless you are exempt, you will be required to demonstrate to the Home Office that you meet an English language requirement as part of your Unmarried Partner Visa application.

Demonstrating proficiency in the English language to a minimum of CEFR level A1 is required when applying for entry clearance or transitioning to the Unmarried Partner Visa route. In order to petition for additional leave to remain as an unmarried partner, you must demonstrate proficiency in the English language at a minimum of CEFR level A2.

The English language requirement for the Unmarried Partner Visa can be satisfied by:

• Possessing the nationality of a country with a majority of English speakers;
• Passing an approved English language test at or above the required CEFR level with an approved provider, as outlined in the Approved Secure English Language Tests and Test Centres; or
• Ecctis (formerly UK NARIC) has confirmed that the degree was taught or researched in English at or above the required CEFR level, and the academic qualification is either a Bachelor's or Master's degree or PhD if awarded in the UK, or is deemed by Ecctis (formerly UK NARIC) to meet or exceed the recognised standard of a Bachelor's or Master's degree or PhD in the UK if awarded outside the UK.

In order to be exempt from the English language requirement, it is typically necessary to demonstrate that either:

• A physical or mental disability that prevents you from meeting the English language requirement; Exceptional circumstances that prevent you from satisfying the English language requirement before entering the UK; You are over the age of 65 at the time of application.

Your Unmarried Partner Visa application will be rejected if you are unable to prove that you satisfy the English language requirement (or are exempt).

UK Unmarried Partner Visa Supporting Documents Checklists

An applicant's failure to submit adequate documentary evidence in support of their application is the most prevalent reason for the rejection of an Unmarried Partner Visa application.

The Immigration Rules impose stringent requirements for the documents that must be submitted in support of a UK Unmarried Partner Visa application. The necessary supporting documents for an Unmarried Partner Visa application will differ from case to case, as each case is unique.

Applicants should exercise extreme caution when employing pre-prepared document checklists for Unmarried Partner Visa applications. Advice from an immigration attorney will guarantee that the documents specified are suitable for the unique circumstances of each individual.

Concurrently, the application for an Unmarried Partner Visa may be rejected if a necessary document is not submitted, is in the incorrect format, or does not contain all of the required information. The outcome of appeals may be uncertain and the process may take many months to complete. Additional costs and delays will be associated with a new application.

In addition to verifying that supporting documents are in accordance with the Immigration Rules, our immigration solicitors offer expert guidance to Unmarried Partner Visa applicants regarding the necessary documents for a successful application.  

UK Unmarried Partner Visa Application Fee

Currently, the Home Office charges a fee of £1,846 for the submission of a UK Unmarried Partner Visa application from outside the UK. Currently, the Home Office charges a fee of £1,048 for the application to transfer into the unmarried partner category from within the UK or to extend one's stay as an unmarried partner. Using the Priority or Super Priority Service will incur additional surcharges.

UK Unmarried Partner Visa Processing & Decision Waiting Times

The current processing period for an Unmarried Partner Visa application submitted outside the UK by the Home Office is 24 weeks. Typically, a decision will be issued within 30 working days if you submit an application through the Priority Service. Out-of-country applications are not eligible for the Super Priority Service.

The Home Office is presently determining applications to switch into or extend as an unmarried partner that are submitted from within the UK within eight weeks. Nevertheless, it may take approximately 12 months to receive a decision if you do not meet the minimum income or English language requirements.

There is no 5-day Priority Service for in-country unmarried partner applications. However, if you submit through the Super Priority Service, you should receive a decision by the end of the next business day.

Duration of a UK Unmarried Partner Visa

Upon approval of your application for a UK Unmarried Partner Visa, your unmarried partner visa will originally be valid for 33 months. Leave to remain in the United Kingdom as an unmarried partner will be granted for a period of 30 months.

You will be required to submit an application to UK Visas and Immigration to extend your stay prior to the expiration of your initial leave. If your application for additional leave to remain as an unmarried companion is approved, you will be granted an additional 30 months of leave to remain.

You will be eligible to apply for indefinite leave to remain after spending five years in the UK as an unmarried partner.

Switching Into the Unmarried Partner Visa Route From Within the UK

Unless you are in the UK as a visitor or, with few exceptions, have valid leave conferred for a period of 6 months or less, you are able to apply for leave to remain as an unmarried partner from within the UK.

Visitors who intend to establish a residence in the United Kingdom with their unmarried spouse should depart the country and submit an application for entry clearance as an unmarried partner from abroad.

Working in the UK on an Unmarried Partner Visa

Holders of an Unmarried Partner Visa are granted the complete right to work in the United Kingdom.

Indefinite Leave to Remain as an Unmarried Partner

If your Unmarried Partner Visa application is approved, you will be granted permission to enter the United Kingdom for a period of two and a half years (plus an additional three months if you are applying for entry clearance). Before your leave expires, you must submit an extension application. If your application for an extension of leave for an unmarried companion is approved, you will be granted additional leave for a period of two and a half years.

You may be eligible to apply for indefinite leave to remain in the UK after spending five years (60 months) in the UK on the Unmarried Partner Visa route.

To qualify for indefinite leave to remain as an unmarried partner, you must also satisfy the following criteria: - You have lived together with your unmarried partner in the UK since you were in the unmarried partner category, or there is a good reason, consistent with a continuing intention to live together permanently in the UK, for any period during which you have not done so.

You satisfy the CEFR Level B1 English Language requirement for settlement applications.

You have successfully completed the Life in the UK test, unless you are exempt.

UK Visas and Immigration will proceed to determine whether you meet the criteria for a further extension of your stay as an unmarried partner if you submit an application for indefinite leave to remain as an unmarried partner but do not meet the aforementioned requirements.

UK Unmarried Partner Visa Frequently Asked Questions

Where Can I Apply for A UK Unmarried Partner Visa?

When applying for an Unmarried Partner Visa from outside the United Kingdom, it is necessary to submit your application in the country in which you reside, unless you are visiting. It is unnecessary to be a citizen of the nation.

If you are currently in the United Kingdom and have been granted permission to remain for a period exceeding six months, you may petition for leave to remain as an unmarried partner from within the country.

If you have been granted a six-month or shorter leave of absence, such as a visitor, you will be required to depart the United Kingdom and submit an application for entry clearance as an unmarried partner from abroad. The concession that permitted visitors to submit applications from within the United Kingdom during the Covid-19 pandemic is no longer in effect.

How Do I Apply for a UK Unmarried Partner Visa?

An online application form is utilised to submit applications for unmarried partner visas. The application form is distinct based on whether the applicant is submitting the application from within the United Kingdom or from abroad.

Before applying for a UK Unmarried Partner Visa, it is important to consult with an immigration counsel to ensure that the application form is appropriate for your specific circumstances.

While completing the Unmarried Partner Visa application form, it is imperative that you prepare your supporting documents. This is due to the fact that there are specific document requirements that require your documents to be dated prior to the date on which you submit the online application form.

The current system enables individuals to submit scans of the supporting documents for their Unmarried Partner Visa for the Home Office to assess. Nevertheless, it is advisable to verify the specific application process for the country in which you plan to apply at the time of your application, as the Home Office periodically modifies this system.

When Can I Apply for a British Passport?

The Unmarried Partner Visa category will grant you a two-and-a-half-year period upon initial entry, with an additional three months granted if you submit for Entry Clearance. You will be required to submit an extension application prior to the expiration of this leave in order to receive an additional two and a half years.

The majority of individuals in the Unmarried Partner Visa category are on a five-year path to settlement. This implies that they are eligible for Indefinite Leave to Remain after receiving two 30-month grants.

Four grants of absence will be required for certain individuals who are on a ten-year journey to settlement. If you transition from the five-year route to the ten-year route after entering the UK, you may count both leave grants towards the ten-year route requirement.

If you are married to a British national, you may petition to naturalise as a British citizen immediately after obtaining Indefinite Leave to Remain in the UK. You will be required to wait a minimum of 12 months before you can submit an application if you are not married to a British national.

What if My Unmarried Partner Visa Application Is Refused?

If your application for a UK Unmarried Partner Visa is denied, you are entitled to an appeal. This is due to the fact that an application for an unmarried companion is automatically classified as a human rights claim.

The appeal will be considered at the First-tier Tribunal (Immigration and Asylum Chamber) in the United Kingdom.

You and your unmarried companion will be permitted to appear before the Judge if you are located in the United Kingdom.

Your unmarried companion will be permitted to attend if you are located outside of the United Kingdom. However, you may submit a statement and evidence for the Tribunal's consideration. If it is deemed appropriate in your situation, arrangements may be made for you to provide evidence remotely.

The outcome of immigration appeal proceedings may be uncertain and can take many months to be determined. Once more, we suggest that you obtain legal counsel and representation from a specialised immigration attorney prior to appealing a decision to deny an Unmarried Partner Visa application.

What if I Cannot Satisfy the Requirements for an Unmarried Partner Visa?

You may still be able to enter or remain in the UK on human rights grounds if you are unable to meet the requirements for a UK Unmarried Partner Visa. For instance,

• You have a child who is a British or Irish citizen and resides in the United Kingdom.
• You have a child in the United Kingdom who has resided there for a minimum of seven years and whose departure from the country would be deemed unreasonable.
• It would be a violation of your human rights to prevent you from entering the UK or to require you to leave the UK, as there would be substantial challenges for you and your unmarried companion that could not be surmounted if you lived together as a couple outside of the UK.

The UK Civil Partner Visa is intended for individuals who are settled in the UK, pre-settled, have a Turkish Businessperson or Turkish Worker visa, or have refugee status or humanitarian protection and wish to join or remain with their civil partner in the UK. This visa is available to civil partners of British or Irish citizens. If your civil partner is currently outside the United Kingdom but plans to return with you, you may also apply for a UK Civil Partner Visa.

The UK Civil Partner Visa has the potential to result in indefinite leave to remain or settlement in the UK after a five-year period.

UK Civil Partner Visa Requirements

UK Visas and Immigration will require that you satisfy the following criteria in order to qualify for a UK Civil Partner Visa:

• Your partner has been granted pre-settled status, is British or Irish, is settled in the UK, possesses a Turkish Businessperson or Turkish Worker visa, or has refugee status or humanitarian protection.
• You and your companion are both over the age of 18.
• You and your companion are not in a prohibited degree of relationship.
• You and your companion have had the opportunity to meet in person.
• You and your partner are legally in a civil partnership that is recognised in the United Kingdom.
• There is a genuine and ongoing relationship between you.
• In the United Kingdom, you and your companion plan to reside permanently together.
• Any previous relationship that has ended irrevocably.
• You fulfil a financial obligation.
• The accommodation is sufficient for you and any dependents.
• You possess a sufficient level of proficiency in the English language.

The specific requirements that must be met in order to qualify for a Civil Partner Visa may differ based on your personal circumstances. For expert guidance, it may be beneficial to consult with an immigration attorney.

Status of Sponsoring Partner

In order to be eligible for a UK Civil Partner Visa, your partner must undergo one of the following:

• Be a British or Irish citizen residing in the United Kingdom; or
• Possess permanent residence, settled status, or indefinite leave to remain in the United Kingdom; or
• Be pre-settled under Appendix EU; or
• Possess restricted leave to continue serving as a Turkish businessperson or worker under Appendix ECAA; or
• Possess humanitarian protection status or refugee leave in the United Kingdom;

A British Citizen in the United Kingdom is defined as a British citizen who is accompanying you as your companion. A person who is being admitted for settlement on the same occasion as you is considered to have indefinite leave to remain in the UK.

Minimum Age for a Civil Partner Visa

On the date of submission of your Civil Partner Visa application, both you and your partner must be at least 18 years of age.

UK Civil Partner Visa Relationship Requirement 

The relationship requirement for the UK Civil Partner Visa is comprised of several components:

• You and your partner must not be within a prohibited degree of relationship;
• You and your partner must have met in person;
• You and your partner must be legally in a valid civil partnership;
• Your relationship must be genuine and subsisting;
• You and your partner must intend to live together permanently in the UK;
• Any previous relationship must have broken down permanently.

Prohibited Degree of Relationship Requirement

To be eligible for a UK Civil Partnership Visa, you and your civil partner must not be in a prohibited degree of relationship, as defined in the Marriage Act 1949, the Marriage (Prohibited Degrees of Relationship) Act 1986, and the Civil Partnership Act 2004.

This implies that you and your civil companion are not related in any of the following ways:

• Adoptive child
• Adoptive parent
• Child
• Former adoptive child
• Former adoptive parent
• Grandparent
• Grandchild
• Parent
• Parent’s sibling
• Sibling
• Sibling’s child

In this enumeration, the term "sibling" refers to a brother, sister, half-brother, or half-sister.

Until both parties are 21 years of age or older, a civil partnership between an individual and any individual in the following list will not be eligible for a Civil Partner Visa, provided that the younger party has not been a child of the family in relation to the other party at any time prior to the age of 18.

• Child of former civil partner
• Child of former spouse
• Former civil partner of grandparent
• Former civil partner of parent
• Former spouse of grandparent
• Former spouse of parent
• Grandchild of former civil partner
• Grandchild of former spouse

Requirement to Have Met in Person

Your civil companion and you must have encountered each other in person. The requirement to have "met" entails the ability to show that a mutual acquaintance was formed as a result of a face-to-face meeting. The requirements for a UK Civil Partner Visa cannot be met by merely engaging in face-to-face communication, followed by telephone or written correspondence.

Requirement for Civil Partnership to Be Recognised in the UK

To be eligible for a UK Civil Partner Visa, you and your partner must have entered into a civil partnership that is recognised in the United Kingdom.

Civil Partnership in the UK

All civil partnerships that occur in the United Kingdom must be monogamous and must be conducted in accordance with the Civil Partnership Act 2004 in order to be considered valid.

This implies that any necessary notice of intention to enter into a civil partnership must have been provided, the civil partnership must have occurred at a location that is registered to conduct civil partnerships, and the civil partnership must have been conducted by or in the presence of a person authorised to register civil partnerships. In order for your civil partnership to be recognised as valid, both you and your civil companion must have been at least 18 years old (in England and Wales) or 16 years old (in Scotland and Northern Ireland) on the date of registration.

A civil partnership certificate is required to serve as evidence of a civil partnership in the United Kingdom.

Civil Partnership Outside the UK

An overseas civil partnership will be recognised in the UK if:

• The type of civil partnership is recognised in the country in which it took place; 
• The civil partnership was properly conducted to satisfy the requirements of the law of the country in which it took place; 
• There is nothing in the laws of either person’s country of domicile at the time of the civil partnership which prevented the civil partnership being recognised; and 
• Any previous civil partnerships of the couple had broken down permanently.

A reasonable equivalent to a civil partnership certificate, which is legitimate under the law of the relevant country, must be used to establish a civil partnership outside the UK.

Overseas Relationships Recognised as Civil Partnerships

In the event that all of the following conditions are satisfied, the Civil Partnership Act 2004 recognises an overseas relationship as a civil partnership in the United Kingdom:

• The relationship is registered with a responsible authority in a country or territory outside the UK;
• Both parties are not already married or in a civil partnership;
• The relationship is exclusive in nature;
• The relationship is indeterminate in duration;
• The relationship results in the parties being regarded as a couple or treated as married.

A list of overseas relationships that will be recognised as civil partnerships in the UK is provided in Schedule 20 of the Civil Partnership Act 2004 (as amended by The Civil Partnership Act 2004 (Overseas Relationships) Order 2012).

Genuine and Subsisting Relationship Requirement

To be eligible for a UK Civil Partner Visa, you must submit evidence to the Home Office that your relationship with your partner is a genuine and subsisting relationship.

On a case-by-case basis, decisions regarding the authenticity and ongoingness of a relationship are made, taking into consideration all available evidence and individual circumstances.

Factors Considered by the Home Office When Deciding Whether a Relationship Is Genuine and Subsisting

Factors which may be considered by the Home Office when determining whether your relationship is genuine and subsisting include:

• Whether you and your civil partner are in a current, long-term relationship; 
• Whether you and your civil partner have been or are now living together;
• Whether you and your civil partner have children together (biological, adopted or step-children) and shared responsibility for them; 
• Whether you and your civil partner share financial responsibilities;
• Whether you and your civil partner have visited the other’s home country and family;
• Whether you and your civil partner have made definite plans concerning the practicalities of living together in the UK;

If the Home Office has doubts as to the genuine and subsisting nature of your relationship then it may undertake further checks, interview you and your civil partner or arrange a home visit.

Documents Required to Prove a Genuine and Subsisting Relationship

Significant evidence of regular contact, indications of affection and companionship, emotional support, and an abiding interest in each other's welfare and wellbeing will be anticipated by the Home Office.

The Home Office will require evidence of cohabitation in addition to a civil partnership certificate. Ideally, documents should be prepared in the joint name of you and your civil companion. Alternatively, it is feasible to depend on documents that are addressed to you both individually at the same address. Documents should be sourced from a variety of sources and be dated within the past few years.The submission of official documents is preferable; however, if it is not feasible to submit exclusively official documents, other documents that demonstrate cohabitation may also be submitted.

There is also the possibility of presenting unofficial evidence of a relationship if you and your civil partner have not lived together for an extended period.

As previously stated, the Home Office anticipates the presence of substantial evidence of a genuine and ongoing relationship. In the event that the Home Office has reservations regarding the authenticity and permanence of your relationship, it may conduct additional investigations, interview you and your civil spouse, or schedule a home visit. Your application for a Civil Partner Visa will be denied if there are reasonable grounds to doubt the authenticity or continuation of your relationship.

Our immigration solicitors frequently provide guidance to Civil Partner Visa applicants regarding the documentary evidence that the Home Office anticipates in order to verify that their relationship is genuine, rooted in shared values and genuine affection, and that it is currently ongoing at the time of the application. We do not rely on templated lists of documents and exclusively provide our clients with the necessary documents to establish a genuine and ongoing relationship based on their unique personal circumstances.  

Intention to Live Together Permanently in the UK

UK Visas & Immigration will require assurance that you and your civil companion intend to reside permanently in the United Kingdom in order to qualify for a Civil companion Visa.

During the initial stage of the Civil Partner Visa application process, both of you will be required to provide a clear commitment to reside together permanently in the UK either immediately upon the outcome of your application or as soon as possible thereafter.

The Home Office will anticipate that any periods of time spent outside the UK will be restricted, provided that they are justified and consistent with the intention to reside permanently in the UK, when you apply for further leave to remain or indefinite leave to remain as a civil partner. Time spent abroad for work, vacation, training, or education may serve as valid justifications.

If you or your civil partner spend the majority of your time abroad, the Home Office may question your commitment to permanently residing together in the United Kingdom. During the period of time spent outside the UK, the Home Office will evaluate the reasons for travel, the duration of the absence, and whether you and your civil partner travelled and were living together.

Previous Relationship Broken Down Permanently

The Home Office will expect to be satisfied that neither you nor your civil partner are married to or in a civil partnership with another individual at the time of your application for entry clearance as a civil partner.

If you or your civil spouse have been previously married or in a civil partnership, you will be required to submit evidence that the marriage or civil partnership has been legally dissolved.

An Unmarried Partner Visa may still be available to you if you or your civil partner have been previously married or in a civil partnership and this marriage or civil partnership has not been legally dissolved. You will be required to furnish evidence that the new relationship is genuine and ongoing, and that the previous relationship has broken down irreversibly.

UK Civil Partner Visa Financial Requirement

To satisfy the financial requirement for the Civil Partner Visa, it is necessary to demonstrate that you can be adequately supported in the UK without relying on public funds.

According to the financial requirement for a UK Civil Partner Visa application, you must prove that your civil partner (or both of you jointly if you are in the UK with valid leave to remain) has a cumulative annual income of at least £29,000, unless you are exempt.

The minimal income requirement no longer includes a distinct child element.

When the financial requirement for a UK Civil Partner Visa is that the sponsor can "adequately maintain and accommodate" the family member being sponsored to enter or remain in the UK, different considerations will apply if your civil partner is in receipt of certain state benefits or entitlements.

When you initially apply to enter the UK as a civil partner, when you apply to extend your stay as a civil partner, and when you apply for indefinite leave to remain as a civil partner, you will be required to satisfy the financial eligibility requirement.

The financial requirements for the Civil Partner Visa under the Immigration Rules are intricate and necessitate the submission of mandatory documentary evidence. Applicants are responsible for proving that the financial requirement has been satisfied. The absence of mandatory financial evidence is one of the most prevalent causes of Civil Partner Visa application rejection.  

How to Satisfy the UK Civil Partner Visa Financial Requirement

The UK Civil Partner Visa financial requirement can be met in a variety of ways, such as by relying on the income from the salaried or non-salaried employment of your civil partner (and/or you, if you are in the UK with permission to work).

For instance, income from property rentals or dividends from shares are examples of non-employment income.

Cash savings of your partner and/or yourself, in excess of £16,000, that have been under the control of your civil partner and/or yourself for a minimum of six months;

State (UK or foreign), occupational, or private pension of your civil partner and/or yourself;

Income from self-employment and income as a director or employee of a specified limited company in the UK, for your civil partner (and/or yourself if you are in the UK with permission to work).

In certain situations, it may be feasible to utilise a combination of the aforementioned sources of income to meet the financial obligation.

As previously mentioned, your civil partner's receipt of specific state benefits or entitlements will necessitate distinct considerations.

Additionally, applicants for the Civil Partner Visa who depend on cash savings to meet the financial requirements of the visa may wish to consider that the amount of cash savings required for an entry clearance and extension application is distinct from the amount required for an indefinite leave to remain application.

Other credible and reliable sources of income, financial support, or funds available to the couple may be considered in exceptional circumstances where the refusal of the Civil Partner Visa application could otherwise violate ECHR Article 8.

Our immigration solicitors are proficient in the financial requirements of the Civil Partner Visa and frequently provide assistance to UK Civil Partner Visa applicants in navigating the intricate evidential requirements.

Civil Partner Visa Accommodation Requirement 

You will be required to submit evidence that there will be sufficient accommodation available for you and your civil partner, without the necessity of utilising public funds, in accommodation that you either own or occupy exclusively, regardless of whether you are applying for entry clearance or for additional leave to remain as a civil partner.

You will be required to furnish evidence that the property is legally and exclusively owned or occupied, that you are legally and exclusively entitled to occupy the property, and that the property will not be congested or in violation of public health regulations.

Civil Partner Visa English Language Requirement 

As part of your Civil Partner Visa application, you will be required to demonstrate to the Home Office that you meet an English language requirement, unless you are exempt.

You will be required to demonstrate proficiency in the English language at a minimum of CEFR level A1 when applying for entry clearance or transitioning to the Civil Partner Visa route. In order to petition for additional leave to remain as a civil partner, you must demonstrate proficiency in the English language at a minimum of CEFR level A2.

The English language requirement for the Civil Partner Visa can be satisfied by:

• Holding the nationality of a majority English speaking country;
• Passing an approved English language test at or above the required CEFR level, with an approved provider as set out on Approved Secure English Language Tests and Test Centres; or
• Having an academic qualification which is either a Bachelor’s or Master’s degree or PhD if awarded in the UK; or, if awarded outside the UK, is deemed by Ecctis (formerly UK NARIC) to meet or exceed the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, and Ecctis (formerly UK NARIC) has confirmed that the degree was taught or researched in English at or above the required CEFR level.

In order to be exempt from the English language requirement you will normally have to prove that either:

• You are over the age of 65 at the date of application;
• You have a physical or mental disability which prevents you from meeting the English language requirement; 
• There are exceptional circumstances which mean that you cannot satisfy the English language requirement before entering the UK.

If you are not able to demonstrate that you meet the English language requirement (or are exempt), then your Civil Partner Visa application will be refused.

UK Civil Partner Visa Supporting Documents Checklists

The most prevalent reason for the rejection of a Civil Partner Visa application is the absence of adequate documentary evidence to substantiate the application.

The Immigration Rules impose stringent requirements for the documents that must be submitted in support of a UK Civil Partner Visa application. The necessary supporting documents for a Civil Partner Visa application will differ from case to case, as each case is unique.

Applicants should exercise extreme caution when employing pre-prepared document protocols for Civil Partner Visa applications. Advice from an immigration attorney will guarantee that the documents specified are suitable for the unique circumstances of each individual.

Simultaneously, the application for a Civil Partner Visa may be denied if a necessary document is not submitted, is in the incorrect format, or does not contain all of the required information. The outcome of appeals may be uncertain and the process may take many months to complete. Additional costs and delays will be associated with a new application.

Our immigration solicitors offer Civil Partner Visa applicants expert guidance on the necessary documents for a successful application and verify that the supporting documents are in accordance with the Immigration Rules. 

UK Civil Partner Visa Application Fee

Currently, the Home Office charges a fee of £1,846 for the submission of a UK Civil Partner Visa application from outside the UK. Currently, the Home Office charges a fee of £1,048 for the application to transfer into the civil partner category from within the UK or to extend one's stay as a civil partner. Using the Priority or Super Priority Service will incur additional surcharges.

UK Civil Partner Visa Processing & Decision Waiting Times

The current processing period for a Civil Partner Visa application submitted outside the UK by the Home Office is 24 weeks. Typically, a decision will be issued within 30 working days if you submit an application through the Priority Service. Out-of-country applications are not eligible for the Super Priority Service.

The Home Office is presently determining applications to switch into or extend as a civil partner that are submitted from within the UK within eight weeks. Nevertheless, it may take approximately 12 months to receive a decision if you do not meet the minimum income or English language requirements.

There is no 5-day Priority Service for in-country civil partner applications. However, if you submit through the Super Priority Service, you should receive a decision by the end of the next business day.

Duration of a UK Civil Partner Visa

Upon approval of your application for a UK Civil Partner Visa, your civil partner visa will be valid for a period of 33 months. Leave to remain in the United Kingdom as a civil partner will be granted for a period of 30 months upon application.

You will be required to submit an application to UK Visas and Immigration to extend your stay prior to the expiration of your initial leave. If your application for additional leave to remain as a civil partner is approved, you will be granted an additional 30 months of leave to remain.

You will be eligible to apply for indefinite leave to remain after spending five years in the UK as a civil partner.

Switching Into the Civil Partner Visa Route From Within the UK

Unless you are in the UK as a visitor or, with few exceptions, have valid leave conferred for a period of 6 months or less, you are able to apply for leave to remain as a civil partner from within the UK.

Visitors who aspire to establish a permanent residence in the United Kingdom with their civil partner should depart the country and submit an application for entry clearance as a civil partner from abroad.

Exceptionally, you may apply for leave to remain as a civil partner from within the UK if you are in the country with permission as a proposed civil partner or were granted leave pending the outcome of family court or divorce proceedings. 

Working in the UK on a Civil Partner Visa

Holders of a Civil Partner Visa are granted the complete right to work in the United Kingdom.

Indefinite Leave to Remain as a Civil Partner

If your Civil Partner Visa application is approved, you will be granted permission to enter the United Kingdom for a period of two and a half years (plus an additional three months if you are applying for entry clearance). Before your leave expires, you must submit an extension application. If your civil partner extension application is approved, you will be granted additional leave for a period of two and a half years.

You may be eligible to apply for indefinite leave to remain in the UK after spending five years (60 months) in the country on the Civil Partner Visa route.

In order to qualify for indefinite leave to remain as a civil partner, you must also satisfy the following criteria:

• Since you have been in the civil partner category you have lived together with your civil partner in the UK or there is good reason, consistent with a continuing intention to live together permanently in the UK, for any period when you have not done so;
• You meet the higher CEFR Level B1 English Language requirement that applies to settlement applications;
• You have passed the Life in the UK test (unless exempt)..

If you fail to meet the aforementioned criteria and submit an application for indefinite leave to remain as a civil partner, UK Visas and Immigration will proceed to determine whether you meet the criteria for an additional extension of your civil partnership.

UK Civil Partner Visa Frequently Asked Questions

How Can I Register a Civil Partnership in the UK?

There are two primary immigration routes available for individuals who wish to register a civil partnership in the United Kingdom: the Civil Partnership Visit visa and the Proposed Civil Partner visa.

The Civil Partnership Visit visa is intended for individuals who intend to establish a civil partnership or provide notice of a civil partnership in the United Kingdom.

Engaged partners of British or Irish citizens, individuals who are settled in the UK, individuals with pre-settled status, individuals with a Turkish Businessperson or Turkish Worker visa, and individuals with refugee status or humanitarian protection who wish to establish a civil partnership in the UK within six months of their arrival are eligible for the proposed Civil Partner visa.

Where Can I Apply for A UK Civil Partner Visa?

If you are a resident of a country other than the United Kingdom and are applying for a Civil Partner Visa, you should submit your application in the country where you currently reside, unless you are visiting. It is unnecessary to be a citizen of the nation.

You may petition for leave to remain as a civil partner from within the United Kingdom if you have been granted permission to stay for a period exceeding six months.

If you have been granted a six-month or shorter leave of absence, such as a visitor, you will be required to depart the United Kingdom and submit an application for entry clearance as a civil partner from abroad. The concession that permitted visitors to submit applications from within the United Kingdom during the Covid-19 pandemic is no longer in effect.

How Do I Apply for a UK Civil Partner Visa?

An online application form is utilised to submit applications for civil partner visas. The application form is distinct based on whether the applicant is submitting the application from within the United Kingdom or from abroad.

Prior to submitting an application for a UK Civil Partner Visa, it is imperative that you consult with an immigration counsel to ensure that the application form is appropriate for your specific circumstances.

While completing the Civil Partner Visa application form, it is imperative that you prepare your supporting documents. This is due to the fact that there are specific document requirements that require your documents to be dated prior to the date on which you submit the online application form.

The current system enables individuals to submit scans of the supporting documents for their civil partner visa for the Home Office to assess. Nevertheless, it is advisable to verify the specific application process for the country in which you plan to apply at the time of your application, as the Home Office periodically modifies this system.

Will My Overseas Civil Partnership Be Recognised by the Home Office? 

A civil partnership that has occurred outside of the United Kingdom will be acknowledged by the Home Office, provided that:

The country in which the civil partnership occurred recognises the sort of civil partnership.

The civil partnership was conducted in accordance with the laws of the country in which it occurred.

The recognition of the civil partnership is not impeded by the laws of either individual's country of domicile at the time of the marriage.

The couple has experienced an irrevocable breakdown of any previous marriages or civil partnerships.

In general, the UK will recognise your civil partnership as valid if the country in which it was formed does so, with the exception of certain additional requirements regarding age, prohibited degrees of relationship, and previous divorces.

The Civil Partnership Act 2004 also recognises specific overseas relationships as equivalent to a civil partnership in the UK, as previously mentioned.

When Can I Apply for a British Passport?

You will be granted a two-and-a-half-year period upon your initial entry into the Civil Partner Visa category, with an additional three months if you apply for Entry Clearance. You will be required to submit an extension application prior to the expiration of this leave in order to receive an additional two and a half years.

The majority of individuals in the Civil Partner Visa category are on a five-year path to settlement. This implies that they are eligible for Indefinite Leave to Remain after receiving two 30-month grants.

Four grants of absence will be required for certain individuals who are on a ten-year journey to settlement. If you transition from the five-year route to the ten-year route after entering the UK, you may count both leave grants towards the ten-year route requirement.

If you are married to a British national, you may petition to naturalise as a British citizen immediately after obtaining Indefinite Leave to Remain in the UK. Should you not be married to a British national, you will be required to wait a minimum of 12 months before submitting an application.

What if My Civil Partner Visa Application Is Refused?

If your application for a UK Civil Partner Visa is denied, you are entitled to an appeal. This is due to the fact that a civil partner application is automatically considered a human rights claim.

The appeal will be considered at the First-tier Tribunal (Immigration and Asylum Chamber) in the United Kingdom.

If you are located in the United Kingdom, you and your civil companion will have the opportunity to present evidence to the judge.

If you are located outside of the United Kingdom, your civil partner will be permitted to attend; however, you may submit a statement and evidence for the Tribunal's consideration. If it is deemed appropriate in your situation, arrangements may be made for you to provide evidence remotely.

The outcome of immigration appeal proceedings may be uncertain and can take many months to be determined. Again, we suggest that you obtain legal counsel and representation from a specialised immigration attorney prior to appealing a decision to deny a Civil Partner Visa application.

What if I Cannot Satisfy the Requirements for a UK Civil Partner Visa?

You may still be able to enter or remain in the UK on human rights grounds if you are unable to meet the requirements for a UK Civil Partner Visa. For instance:

• You have a child in the UK who is a British or Irish citizen;
• You have a child in the UK who has lived in the UK for at least 7 years and it would be unreasonable for them to leave the UK;
• There would be very significant difficulties for you and your civil partner that could not be overcome if you lived together as a couple outside the UK;
• It would otherwise breach your human rights to prevent you from coming to the UK or to make you leave the UK.

 

 

The UK Spouse Visa is intended for married partners of British or Irish citizens, individuals who are settled in the UK, individuals with pre-settled status, individuals with a Turkish Businessperson or Turkish Worker visa, and individuals with refugee status or humanitarian protection who wish to join or remain with their spouse in the UK. If your spouse is currently outside the United Kingdom but plans to return with you, you may also submit an application for a UK Spouse Visa.

After a five-year period, the UK Spouse Visa may result in indefinite leave to remain or settlement in the United Kingdom.  the UK Spouse Visa may result in indefinite leave to remain or settlement in the UK after a five-year period. 

 

UK Spouse Visa Requirements

To be eligible for a UK Spouse Visa, you must demonstrate that you satisfy the following criteria, as outlined by UK Visas and Immigration:

• Your partner is British or Irish, is settled in the UK, has been granted pre-settled status, holds a Turkish Businessperson or Turkish Worker visa or has refugee status or humanitarian protection;
• You and your partner are both over the age of 18;
• You and your partner are not within a prohibited degree of relationship;
• You and your partner have met in person;
• You and your partner are legally married in a marriage that is recognised in the UK;
• Your relationship is genuine and subsisting;
• You and your partner intend to live together permanently in the UK;
• Any previous relationship has broken down permanently;
• You satisfy a financial requirement;
• There is adequate accommodation for you and any dependents;
• You speak and understand English to a required level.

The specific requirements that must be met in order to qualify for a UK Spouse Visa may differ based on your personal circumstances. For expert guidance, it may be beneficial to consult with an immigration solicitor.

Status of Sponsoring Partner

To be eligible for a UK Spouse Visa, your partner must meet one of the following criteria: -

• Be a British or Irish citizen in the UK
• Have indefinite leave to remain, settled status, or permanent residence in the UK - Have pre-settled status under Appendix EU
• Have limited leave to remain as a Turkish Businessperson or Turkish Worker under Appendix ECAA
• Have refugee leave or humanitarian protection status in the UK

A British Citizen in the United Kingdom is defined as a British citizen who is accompanying you as your companion. A person who is being admitted for settlement on the same occasion as you is considered to have indefinite leave to remain in the UK.

Minimum Age for a Spouse Visa

On the date of submission of your Spouse Visa application, both you and your companion must be at least 18 years of age.

UK Spouse Visa Relationship Requirement 

The relationship requirement for the UK Spouse Visa is comprised of several components:

• You and your partner must not be in a prohibited degree of relationship; You and your partner must have met in person;
• You and your companion must be legally married.
• Your relationship must be authentic and ongoing.
• Your companion and you must intend to reside in the United Kingdom permanently.
• It is necessary that any prior relationships have ended permanently.The relationship requirement for the UK Spouse Visa is comprised of several components:
• You and your partner must not be in a prohibited degree of relationship; You and your partner must have met in person;
• You and your companion must be legally married.
• Your relationship must be authentic and ongoing.
• Your companion and you must intend to reside in the United Kingdom permanently.
• It is necessary that any prior relationships have ended permanently.

Prohibited Degree of Relationship Requirement

You and your spouse must not be in a prohibited degree of relationship, as defined in the Marriage Act 1949 and the Marriage (Prohibited Degrees of Relationship) Act 1986, in order to qualify for a UK Spouse Visa.

This implies that you and your spouse are not related in any of the following ways:

• Adoptive child
• Adoptive parent
• Child
• Former adoptive child
• Former adoptive parent
• Grandparent
• Grandchild
• Parent
• Parent’s sibling
• Sibling
• Sibling’s child

In this list ‘sibling’ means a brother, sister, half-brother or half-sister.

A spouse visa will not be granted to a marriage between an individual and any individual in the following list until both parties are 21 years of age or older, and the younger party has not been a child of the family in relation to the other party at any time prior to the age of 18.

• Child of former civil partner
• Child of former spouse
• Former civil partner of grandparent
• Former civil partner of parent
• Former spouse of grandparent
• Former spouse of parent
• Grandchild of former civil partner
• Grandchild of former spouse

Requirement to Have Met in Person

It is imperative that you and your spouse have had the opportunity to meet in person. The requirement to have "met" entails the ability to show that a mutual acquaintance was formed as a result of a face-to-face meeting. The requirements for a UK Spouse Visa cannot be met by merely engaging in face-to-face communication, followed by telephone or written correspondence.

Requirement for Marriage to Be Recognised in the UK

To be eligible for a UK Spouse Visa, you and your partner must be legally married in a marriage that is recognised in the UK.

Marriage in the UK

All marriages that occur in the United Kingdom must be monogamous and must be conducted in compliance with the Marriage Act 1949 (as amended), the Marriage Act (Scotland) 1977, or the Marriage Order (Northern Ireland) 2003 in order to be considered valid.

This implies that the necessary notice of intention to marry must have been provided, the marriage must have taken place at an authorised location, and the ceremony must have been administered by or in the presence of a person authorised to register marriages.In order for your marriage to be recognised as valid, both you and your spouse must have been at least 18 years old (in England and Wales) or 16 years old (in Scotland and Northern Ireland) on the date of your wedding.

In the United Kingdom, a marriage certificate is required to serve as evidence of the union.

Marriage outside the UK

An overseas marriage will be recognised in the UK if:

• The type of marriage is recognised in the country in which it took place; 
• The marriage was properly conducted to satisfy the requirements of the law of the country in which it took place; 
• There is nothing in the laws of either person’s country of domicile at the time of the marriage which prevented the marriage being recognised; and 
• Any previous marriages of the couple had broken down permanently.

A marriage outside the UK must be evidenced by a reasonable equivalent to a marriage certificate, valid under the law in force in the relevant country.

Genuine and Subsisting Relationship Requirement

The Home Office will require evidence that your relationship with your companion is a genuine and subsisting relationship in order to qualify for a UK Spouse Visa.

On a case-by-case basis, decisions regarding the authenticity and ongoingness of a relationship are made, taking into consideration all available evidence and individual circumstances.

Factors Considered by the Home Office When Deciding Whether a Relationship Is Genuine and Subsisting

The Home Office may evaluate the authenticity and sustainability of your relationship by considering the following factors:

• Whether you and your spouse are in a current, long-term relationship; 
• Whether you and your spouse have been or are now living together;
• Whether you and your spouse have children together (biological, adopted or step-children) and shared responsibility for them; 
• Whether you and your spouse share financial responsibilities;
• Whether you and your spouse have visited the other’s home country and family;
• Whether you and your spouse have made definite plans concerning the practicalities of living together in the UK;

In the event that the Home Office has reservations regarding the authenticity and permanence of your relationship, it may conduct additional investigations, interview you and your spouse, or schedule a home visit.

Documents Required to Prove a Genuine and Subsisting Relationship

Significant evidence of regular contact, indications of affection and companionship, emotional support, and an abiding interest in each other's welfare and wellbeing will be anticipated by the Home Office.

The Home Office will require evidence of cohabitation in addition to a marriage certificate. It is recommended that documents be registered in the joint names of you and your spouse. Alternatively, it is feasible to depend on documents that are addressed to you both individually at the same address. Documents should be sourced from a variety of sources and be dated within the past few years. Official documents are preferred; however, alternative documents that demonstrate cohabitation may also be submitted if it is not feasible to submit exclusively official documents.

There is also the possibility of presenting unofficial evidence of a relationship if you and your spouse have not lived together for an extended period.

As previously stated, the Home Office anticipates the presence of substantial evidence of a genuine and ongoing relationship. In the event that the Home Office has reservations regarding the authenticity and permanence of your relationship, it may conduct additional investigations, interview you and your spouse, or schedule a home visit. Your Spouse Visa application will be denied if there are reasonable grounds to doubt the authenticity or continuation of your relationship.

Frequently, our immigration solicitors provide guidance to Spouse Visa applicants regarding the documentary evidence that the Home Office will require to verify that their relationship is genuine, rooted in shared values and genuine affection, and that it is currently ongoing at the time of an application. We do not rely on templated lists of documents and exclusively provide our clients with the necessary documents to establish a genuine and ongoing relationship based on their unique personal circumstances.

Intention to Live Together Permanently in the UK

UK Visas & Immigration will require assurance that you and your spouse intend to reside permanently in the United Kingdom in order to qualify for a Spouse Visa.

This will necessitate a clear commitment from both of you to reside permanently in the UK immediately following the outcome of your Spouse Visa application, or as soon as circumstances allow subsequent to the initial application stage.

The Home Office will anticipate that any periods of time spent outside the UK when you apply for further leave to remain or indefinite leave to remain as a spouse will be restricted, provided that they are justified and consistent with an intention to reside permanently in the UK. Time spent abroad for work, vacation, training, or education may serve as valid justifications.

The Home Office may question your commitment to permanently residing in the United Kingdom if you or your spouse spend the majority of your time abroad. The Home Office will evaluate the duration of your absence, the reasons for your travel, and whether you and your spouse resided and travelled together during your time abroad.

Previous Relationship Broken Down Permanently

At the time of your application for entry clearance as a spouse, the Home Office will be hoping to ascertain that neither you nor your spouse are married to another individual.

If you or your spouse have been previously married, you will be required to submit evidence that the marriage has come to an end. A decree absolute from a civil court is required to serve as evidence of a divorce in the United Kingdom. A decree absolute certificate, which is legitimate under the law of the relevant country, is required to serve as evidence of a divorce that occurred outside of the United Kingdom.

If you or your spouse have been married in the past and the marriage has not been legally dissolved, you may still be eligible for an Unmarried Partner Visa.You will be required to furnish evidence that the new relationship is genuine and ongoing, and that the previous relationship has broken down irreversibly.

UK Spouse Visa Financial Requirement

To satisfy the financial requirement for the Spouse Visa, it is necessary to demonstrate that you can be adequately supported in the UK without relying on public funds.

According to the financial requirement for a UK Spouse Visa application, you must prove that your spouse (or both of you jointly if you are in the UK with valid leave to remain) has a cumulative annual income of at least £29,000, unless you are exempt.

The minimal income requirement no longer includes a distinct child element.

When the financial requirement for a UK Spouse Visa is that the sponsor can "adequately maintain and accommodate" the family member being sponsored to enter or remain in the UK, different considerations will apply if your Spouse is in receipt of certain state benefits or entitlements.

When you initially apply to enter the UK as a spouse, when you apply to extend your stay as a spouse, and when you apply for indefinite leave to remain as a spouse, you will be required to satisfy the financial requirement.

The financial requirements for the Spouse Visa under the Immigration Rules are intricate and necessitate the submission of mandatory documentary evidence. Applicants are responsible for proving that the financial requirement has been satisfied. The absence of mandatory financial evidence is one of the most prevalent causes of Spouse Visa application rejection.

How to Satisfy the UK Spouse Visa Financial Requirement

One possible method of satisfying the financial requirement for the UK Spouse Visa is to rely on:

• Income from salaried or non-salaried employment of your spouse (and/or you if you are in the UK with permission to work); 
• Non-employment income, for example, income from property rental or dividends from shares; 
• Cash savings of your partner and/or yourself, above £16,000, held by your spouse and/or you for at least 6 months and under their / your control;
• State (UK or foreign), occupational or private pension of your spouse and/or yourself;
• Income from self-employment, and income as a director or employee of a specified limited company in the UK, of your spouse (and/or you if you are in the UK with permission to work).

In certain situations, it may be feasible to utilise a combination of the aforementioned sources of income to meet the financial obligation.

As previously mentioned, your spouse's receipt of specific state benefits or entitlements will necessitate distinct considerations.

Additionally, applicants for the Spouse Visa who depend on cash savings to meet the financial requirements of the visa may wish to consider that the amount of cash savings required for an entry clearance and extension application is distinct from the amount required for an indefinite leave to remain as a spouse application.

Other credible and reliable sources of income, financial support, or funds available to the couple may be considered in exceptional circumstances where the refusal of the Spouse Visa application would otherwise violate ECHR Article 8.

Our immigration solicitors are proficient in the financial requirements for the Spouse Visa and frequently provide guidance to UK Spouse Visa applicants as they navigate the intricate evidential requirements.

Spouse Visa Accommodation Requirement 

Evidence must be provided that there will be sufficient accommodation available for you and your spouse, without the necessity of utilising public funds, in accommodation that you either own or occupy exclusively, regardless of whether you are applying for entry clearance or for additional leave to remain as a spouse.

You will be required to furnish evidence that the property is legally and exclusively owned or occupied, that you are legally and exclusively entitled to occupy the property, and that the property will not be congested or in violation of public health regulations.

Spouse Visa English Language Requirement 

As part of your Spouse Visa application, you will be required to demonstrate to the Home Office that you meet an English language requirement, unless you are exempt.

Demonstrating proficiency in the English language to a minimum of CEFR level A1 is required when applying for entry clearance or transitioning to the Spouse Visa route. In order to petition for additional leave to remain as a spouse, you must demonstrate proficiency in the English language at a minimum of CEFR level A2.

By possessing the nationality of a country with a predominant English-speaking population, you can satisfy the Spouse Visa English language requirement.

Passing an approved English language test at or above the required CEFR level with an approved provider, as outlined in the Approved Secure English Language Tests and Test Centres; or

Ecctis (formerly UK NARIC) has confirmed that the degree was taught or researched in English at or above the required CEFR level, and the academic qualification is either a Bachelor's or Master's degree or PhD if awarded in the UK, or is deemed by Ecctis (formerly UK NARIC) to meet or exceed the recognised standard of a Bachelor's or Master's degree or PhD in the UK if awarded outside the UK.

You will typically be required to demonstrate that you are over the age of 65 at the time of your application in order to be exempt from the English language requirement.

If you are unable to meet the English language requirement due to a physical or mental disability, or if there are exceptional circumstances that preclude you from doing so prior to entering the UK...

Your application for a Spouse Visa will be rejected if you are unable to prove that you meet the English language requirement or are exempt.

UK Spouse Visa Supporting Documents Checklists

The applicant's failure to submit adequate documentary evidence in support of their Spouse Visa application is the most prevalent cause of refusal.

The Immigration Rules impose stringent requirements for the documents that must be submitted in support of a UK Spouse Visa application. The necessary supporting documents for a Spouse Visa application will differ from case to case, as each case is unique.

Applicants should exercise extreme caution when employing pre-prepared document checklists for Spouse Visa applications. Advice from an immigration solicitor will guarantee that the documents specified are suitable for the unique circumstances of each individual.

Concurrently, the application for a Spouse Visa may be rejected if a necessary document is not submitted, is in the incorrect format, or does not contain all of the required information. The outcome of appeals may be uncertain and the process may take many months to complete. Additional costs and delays will be associated with a new application.

Our immigration solicitors offer Spouse Visa applicants expert guidance on the necessary documents for a successful application and also verify that the supporting documents are in accordance with the Immigration Rules.

UK Spouse Visa Application Fee

Currently, the Home Office charges a fee of £1,846 for the submission of a UK Spouse Visa application from outside the UK. Currently, the Home Office charges a fee of £1,048 for the application to transfer into the spouse category from within the UK or to extend one's stay as a spouse. Using the Priority or Super Priority Service will incur additional surcharges.

UK Spouse Visa Processing & Decision Waiting Times

The Home Office's current processing period for a Spouse Visa application that is submitted outside of the UK is 24 weeks. The Priority Service typically provides a decision within 30 working days of submitting an application. Additionally, there is no Super Priority Service for applications submitted from outside of the country.

Applications to switch into or extend as a spouse submitted from within the UK are presently being decided by the Home Office within 8 weeks. In the event that the minimum income or English language requirements are not met, the decision may not be received for approximately 12 months.

No, there is no 5-day Priority Service for in-country spousal applications. However, if you submit an application through the Super Priority Service, you should receive a decision by the end of the following business day.

Duration of a UK Spouse Visa

Your spouse visa will be valid for 33 months at the outset if your application for a UK Spouse Visa is approved. Leave will be granted for a period of 30 months if you petition for leave to remain in the UK as a spouse.

To extend your stay, you must submit an application to UK Visas and Immigration prior to the expiration of your initial leave. You will be granted additional leave to remain as a spouse for a period of 30 months if your application for further leave is successful.

In the aftermath of a five-year tenure the UK as a spouse, you will be eligible to apply for indefinite leave to remain.

Switching Into the Spouse Visa Route From Within the UK

A spouse may submit an application for leave to remain in the United Kingdom from within the country, unless they are in the country as a visitor or, with a few exceptions, have been granted legitimate leave for a period of six months or less.

Visitors who intend to establish a permanent residence in the United Kingdom with their spouse should request entry clearance as a spouse from abroad after departing the country.

In exceptional cases, you may apply for leave to remain as a spouse from within the UK if you are in the UK with permission as a fiancé(e) or were granted leave pending the outcome of family court or divorce proceedings.  

Working in the UK on a Spouse Visa

Spouse Visa holders are entitled to labour in the United Kingdom without restriction.

Indefinite Leave to Remain as a Spouse

If your Spouse Visa application is approved, you will be granted permission to enter the United Kingdom for a period of two and a half years (plus an additional three months if you are applying for entry clearance). Before your leave expires, you must submit an extension application. If your spouse's extension application is approved, you will be granted additional leave for a period of two and a half years.

You may be eligible to apply for indefinite leave to remain in the UK after spending five years (60 months) in the UK on the Spouse Visa route.

In order to qualify for indefinite leave to remain as a spouse, you must also satisfy the following criteria:

• Since you have been in the spouse category you have lived together with your spouse in the UK or there is good reason, consistent with a continuing intention to live together permanently in the UK, for any period when you have not done so;
• You meet the higher CEFR Level B1 English Language requirement that applies to settlement applications;
• You have passed the Life in the UK test (unless exempt)..

If you fail to meet the aforementioned criteria and submit an application for indefinite leave to remain as a spouse, UK Visas and Immigration will proceed to determine whether you meet the criteria for an additional extension of your stay as a spouse.

UK Spouse Visa Frequently Asked Questions

How Can I Get Married in the UK?

There are two primary immigration routes available for individuals who desire to travel to the United Kingdom to marry: the Fiance visa and the Marriage Visit visa.

The Marriage Visit visa is intended for individuals who intend to marry or offer notice of a marriage in the United Kingdom.

The fiance visa is intended for engaged companions of British or Irish citizens, individuals with indefinite leave to remain in the UK, refugee leave or humanitarian protection, or limited leave to remain under Appendix EU or Appendix ECAA, who wish to enter the UK and marry within six months of their arrival.

Where Can I Apply for A UK Spouse Visa?

If you are pursuing a Spouse Visa from a country other than the United Kingdom, you should submit your application in the country in which you reside, unless you are a visitor. It is unnecessary to be a citizen of the nation.

If you are currently in the United Kingdom and have been granted permission to remain for a period exceeding six months, you are eligible to petition for leave to remain as a spouse from within the country.

If you have been granted a six-month or shorter leave of absence, such as a visitor, you will be required to depart the United Kingdom and submit an application for entrance clearance as a spouse from abroad. The concession that permitted visitors to submit applications from within the United Kingdom during the Covid-19 pandemic is no longer in effect.

How Do I Apply for a UK Spouse Visa?

An online application form is utilised to submit applications for spouse visas. The application form is distinct based on whether the applicant is submitting the application from within the United Kingdom or from abroad.

Before applying for a UK Spouse Visa, it is important to consult with an immigration counsel to ensure that the application form is appropriate for your specific circumstances.

While completing the Spouse Visa application form, it is imperative that you prepare your supporting documents. This is due to the fact that there are specific document requirements that require your documents to be dated prior to the date on which you submit the online application form.

The current system enables individuals to submit scans of the supporting documents for their spouse's visa for the Home Office to assess. Nevertheless, it is advisable to verify the specific application process for the country in which you plan to apply at the time of your application, as the Home Office periodically modifies this system.

Will My Overseas Marriage Be Recognised by the Home Office? 

The Home Office will acknowledge a marriage that has occurred outside of the United Kingdom if the following conditions are met:

The country in which the marriage occurred recognises the form of marriage.

The marriage was conducted in accordance with the laws of the country in which it occurred.

The marriage or civil partnership is not prohibited from being recognised by the laws of either individual's country of domicile at the time of the marriage.

The couple's previous marriages have ended in irrevocable dissolution.

In general, the UK will recognise your marriage as valid if the country in which it occurred does, with the exception of certain additional requirements regarding age, prohibited degrees of relationship, and previous divorces.

When Can I Apply for a British Passport?

The Spouse Visa category will grant you a two-and-a-half-year period upon initial entry, with an additional three months if you file for Entry Clearance. You will be required to submit an extension application prior to the expiration of this leave in order to receive an additional two and a half years.

The majority of individuals in the Spouse Visa category are on a five-year path to settlement. This implies that they are eligible for Indefinite Leave to Remain after receiving two 30-month grants.

Four grants of absence will be required for certain individuals who are on a ten-year journey to settlement. If you transition from the five-year route to the ten-year route after entering the UK, you may count both leave grants towards the ten-year route requirement.

If you are married to a British national, you may petition to naturalise as a British citizen immediately after obtaining Indefinite Leave to Remain in the UK. You will be required to wait a minimum of 12 months before you can submit an application if you are not married to a British national.

What if My Spouse Visa Application Is Refused?

If your application for a UK Spouse Visa is denied, you are entitled to an appeal. This is due to the fact that a spousal application is automatically classified as a human rights claim.

The appeal will be considered at the First-tier Tribunal (Immigration and Asylum Chamber) in the United Kingdom.

If you are located in the United Kingdom, you and your spouse will be permitted to appear before the Judge and provide testimony.

If you are located outside of the United Kingdom, your spouse will be permitted to attend; however, you may submit a statement and evidence for the Tribunal's consideration. If it is deemed appropriate in your situation, arrangements may be made for you to provide evidence remotely.

The outcome of immigration appeal proceedings may be uncertain and can take many months to be determined. Once more, we suggest that you obtain legal counsel and representation from a specialised immigration solicitor prior to appealing a decision to deny a Spouse Visa application.

What if I Cannot Satisfy the Requirements for a UK Spouse Visa?

If you are unable to meet the criteria for a UK Spouse Visa, you may still be able to enter or remain in the UK on human rights grounds if, for example:

• You have a child who is a British or Irish citizen and resides in the United Kingdom.
• You have a child in the United Kingdom who has resided there for a minimum of seven years and whose departure from the country would be deemed unreasonable.
• It would be a violation of your human rights to prevent you from entering the UK or to require you to leave the UK, as there would be substantial challenges that you and your spouse would be unable to surmount if you lived together as a couple outside of the UK.