Spouses
A spouse is a husband or wife, a person to whom someone is legally married. Couples living together for a number of years, who have never been legally married according to the laws of the country in which they live, are not recognised in the UK’s immigration rules as a spouse. However, they may well qualify under the civil partners rule.
The sponsor must reside in the UK, be over the age of 21 at the time of the spouse’s entry to the UK, and not be married to anyone else (a divorce certificate will be needed if appropriate).
The marriage must be legal and recognised in the country in which it took place. You must ensure that a religious marriage is either automatically recognised as a marriage in law in the country where it took place or that the proper civil marriage certificate has been issued.
Providing these requirements are met, valid marriages could include: arranged marriages (although the parties must have met at the time of the application for a visa), marriages where one party is absent or officially represented at the ceremony, tribal or other customary marriages, religious marriages, polygamous marriages (as long as only one spouse ever comes to the UK – please seek legal advice before you make such an application).
There are several requirements that spouses must meet, including adequate accommodation, adequate maintenance without recourse to public funds, and the intention to live together as husband and wife. Contact our immigration team for further advice.
A spouse will be granted two years of leave to enter and remain. This is often referred to as ‘probationary period’. Just before the end of the probationary period, if the relationship has not broken down, an application is then made for Indefinite Leave to Remain (settlement).
If the spouses actually lived together outside the UK for at least four years prior to the application, they will be granted Indefinite Leave to Enter/Remain prior to returning to the UK. It does not matter if you are married or common law (unmarried) partners. You will have to pass a life in the UK test to qualify for entry in this category.
If the relationship ends because of domestic violence, there is a rule under which a spouse can apply to remain in the UK providing certain requirements are met. Legal advice should be sought.
If the UK spouse dies during the probationary period an application for Indefinite Leave to Remain can still be made by the spouse, providing you can show that the relationship was still ongoing at the time of death. There is no requirement to pass a life in the UK test in these circumstances.
If these requirements are not met and the relationship breaks down for other reasons then it is not possible to apply for Indefinite Leave to Remain within the immigration rules. The non UK spouse would be expected to leave the UK. If this is the case, we strongly recommend you seek further legal advice.
If your husband or wife is an EEA-member national (but not a UK citizen) and you are a non-EEA member you must have an EEA family permit before you travel to the United Kingdom. This is similar to entry clearance. You may apply for this at your nearest British Embassy or High Commission. The rules for getting a family permit are much more relaxed. The only requirement is to show the marriage is a genuine one, not a ‘marriage of convenience’ and that your EEA partner is exercising their rights of free movement and work.
For further advice contact our immigration team.
