Coming To UK as a Husband, Wife or Civil Partner |
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If you are an overseas national who is subject to Immigration Control and you want to come to the United Kingdom in this category, you must get permission to enter the United Kingdom in this category before you travel here.
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If your application is successful, you will get permission to live and work in the United Kingdom for two years. This is called your probationary period. At the end of the two years, you may be able to apply to live permanently in the United Kingdom as the settled person's husband, wife or civil partner - this is called Indefinite Leave to Remain.
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Switching from another category If you entered the United Kingdom in a different category (for example, as a student), you may be allowed to switch into the category of husband, wife or civil partner if you are given a total of more than six months' permission to live here since your most recent admission to the United Kingdom. This permission must have been given in accordance with the Immigration Rules, not 'exceptionally' (outside the Immigration Rules). For example, if Home Office gave you permission to enter for three months and then permission to remain for five months, you have been given a total of eight months - which means you can apply to switch into the category of husband, wife or civil partner.
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(The minimum of more than six months does not apply to you if Home Office gave you permission to enter as a fiancé/e or proposed civil partner, or as the husband, wife, civil partner or unmarried/same-sex partner of a Tier 1-Migrant, and you are still with the same husband, wife or partner.)
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To switch into this category and be given permission to remain in the United Kingdom as a husband, wife or civil partner, you must also meet all of the following requirements:
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you are married to or the civil partner of a person who is present and settled in the United Kingdom;
you and your husband, wife or civil partner will both be aged 21 or over on the date when we would give you leave to remain;
you have met your husband, wife or civil partner;
you have not remained in the United Kingdom in breach of the immigration laws;
your marriage or civil partnership did not take place after a decision was made to deport or remove you from the United Kingdom;
you and your husband, wife or civil partner intend to live together permanently as husband and wife or as civil partners, and the marriage or civil partnership is existing and genuine (not a 'marriage of convenience', for example);
there will be adequate accommodation for both of you and any dependants without the need for public funds, and at least part of that accommodation (for example, a bedroom) is for you and your partner's sole use; and
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both of you will be able to maintain yourselves and any dependants adequately without needing public funds.
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