British citizens or those who are settled in the UK may wish to be joined by their spouse, civil partner or unmarried partner.
The requirements to be met by applicants under these routes are very similar. Those who are married or in a civil partnership must provide their marriage or civil partnership certificate and those who are unmarried partners will instead be required to evidence that they have been living together in a relationship akin to marriage for the last two years.
Spouses, Civil Partners & Unmarried Partner:
In order to enter or remain in the UK as the partner of a British citizen or settled person, applicants must also be able to demonstrate that:
• they are in a genuine and subsisting relationship;
• they meet the financial requirement; and
• they meet the required level of English language (currently A1 of the CEFR).
Although applicants can find it frustrating to provide sufficient evidence to demonstrate that their relationship is genuine, the most complex requirement to meet is often the financial requirement. The financial requirement can be met in a number of different ways. Applicants must demonstrate that their partner has an annual income of at least £18,600 or that the applicant and their partner have savings of at least £62,500. Where neither requirement is met, it is also possible to combine income with savings in some scenarios.
The applicant’s own income can only be taken into account if the applicant is living and working in the UK lawfully. The financial requirement increases if any dependant children are to be included with the application.
Length and conditions of stay in the UK
Applicants submitting an application from outside of the UK will be granted leave to enter the UK for 33 months whilst those switching into this category from within the UK will be granted leave of 30 months.
Applicants can then apply to extend their stay in the UK for a further 30 months, and as there is no maximum stay in the UK under this category, providing that an applicant continues to extend their leave they can do so indefinitely.
During their stay in the UK, applicants can work and change jobs without notifying the Home Office. They can also study, do voluntary work and leave and re-enter the UK as needed.
Indefinite Leave to Remain
An application for Indefinite Leave to Remain can be made once an applicant has held leave as a partner for at least five years. In order to be eligible for Indefinite Leave to Remain, an applicant must demonstrate that:
• they have spent a continuous period of five years in the UK and during this time have not breached any UK immigration laws;
• they have sufficient knowledge of English language and have passed a Life in the UK test;
• they continue to be in a relationship with their British or settled partner; and
• since being granted leave in this category, they have lived in the UK with their partner.
Adult Dependant Relative
The Adult Dependant Relative visa is designed to enable adult relatives who need to be cared for to come to the UK to live with a qualifying relative who is living permanently in the UK.
Applicants for Adult Dependant Relative visas must demonstrate that:
• they are dependent on a parent, grandchild, brother, sister, son or daughter who is living in the UK;
• they need long-term care to do everyday personal and household tasks (such as washing and cooking) because of illness, disability or age;
• the care they need is not available or affordable in the country they live in; and
• the person they will be joining in the UK will be able to support, accommodate and care for them without claiming public funds for at least five years.
The applicant must be unable to access the care needed in the country they are living in, even with the relative’s financial and practical help. The care needed can include a nursing home or a housekeeper.
The applicant will need to provide evidence of their relationship with the relative. Evidence will also need to be provided by a doctor or health professional regarding the applicant’s health and needs.
The applicant must provide evidence of why the care is not available in their home country, or provide evidence of their financial circumstances to demonstrate why the care is no longer affordable.
Applications under this category can only be made from outside of the UK. Applicants cannot switch into this category from within the UK.
The UK based relative must demonstrate that:
• they are over 18 years old;
• they own or solely occupy a property in the UK in which the applicant can be cared for;
• they are a British citizen, are settled in the UK or have been granted asylum or humanitarian protection in the UK; and
• they are financially able to support, accommodate and care for the applicant.
Length and conditions of stay in the UK
If the applicant has met the above requirements, and their relative is a British citizen or has settlement in the UK, Indefinite Leave to Remain will be granted. If the relative has asylum or humanitarian protection and has limited leave, the applicant will be granted limited leave to enter.