British Law & UK Immigration Rules

A person OTHER than an EU national, who is granted indefinite leave to remain in the UK becomes settled, and for purpose of applying for their spouse or partner from outside of the UK to come to or stay in the UK has to meet the complex rules known as Appendix FM or the UK Immigration rules.

In this article:

• Entry Clearance
  • Fiancé (Entry Clearance)
  • Marriage (Entry Clearance)
• Marriage – In-Country

Under UK Immigration rules a person can apply for permission to come to the UK for purposes of getting married to a British or settled partner in the UK, and successful applicants will be given a six-month visa to enter the UK (No work permission) which allows the marriage to take place.

Once married, a further application can then be made while remaining in the UK for a marriage visa.

The marriage visa will be for two and a half years, following which a further application can be made for another two and a half years.
The evidential requirements for a Fiance visa are the same as for a Marriage visa, apart from the fact that an applicant has to PROVE an intention to marry as well as having a TB test from certain countries.

NOTE: If the marriage does NOT take place within six months, then the applicant would have to leave the UK.

Under UK Immigration rules a person can apply for permission to come to the UK to join their British or Settled Husband or wife in the UK.

The rules are the same as for in-country marriage (See below) apart from the additional requirements of a TB test from certain countries.

Those granted entry clearance will be given a short visa in their passport to travel to the UK, and once in the UK, they will have their visa card (Biometrics card) awaiting collection at a designated post office – which will be a two-and-a-half-year visa.

Under UK Immigration rules a person who is legally in the UK can apply to change their legal status for permission to remain as the spouse of a person present and settled (British/Indefinite Leave to Remain).

If a person does NOT have a valid visa (or is applying within the periods allowed under Par 39 E of the Immigration rules) the application will not be successful and an application for entry clearance instead would need to be made from overseas.

Under the Marriage rules (Appendix FM) there are complex evidential requirements that have to be met which broadly require:
a) Proof of a valid marriage
b) Proof of earnings or income (Maintenance) of £18,600 per year.
c) Proof of suitable accommodation
d) Proof of the relationship itself
e) Proof of English ability

In addition, the UKVI will look at prior immigration history, prior marriages (Both applicant and sponsor), criminal history, age, and investigate claims of employment.

Unlike EU law, applicants have a large evidential burden to meet, and this area of law is extremely complex.

The outcome of these applications will have far-reaching effects on the ability to live together as a couple and if refused can put a huge strain on any relationship, as the appeal process can take over a year before coming before an Immigration Judge.