Guidance - Husbands, wives and partners (INF 4)

25 February 2005

 
This guidance explains what you will need to do if you want to come to the United Kingdom (UK) as the husband, wife, fiancé, fiancée or unmarried partner of someone who is coming to the UK or is already settled in the UK, and what the Immigration Rules say. It is only a guide but it aims to answer some common questions.

If you want to come to the UK as the husband, wife, or unmarried partner of someone who is not settled in the UK, for example as a work permit holder, please read the appropriate guidance on this website.

Can I join my husband, wife, fiancé or fiancée in the UK?
You can apply to join your husband, wife, fiancé or fiancée in the UK as long as:

• they currently live and are settled in the UK, or
• they are coming to live permanently in the UK.

How do I qualify to join my husband or wife?
You must show that:

• you are legally married to each other
• your husband or wife is present and settled in the UK (see below)
• you both intend to live together permanently as husband and wife
• you have met each other before
• together you can support yourselves and any dependants without any help from any public funds
• you have suitable accommodation, which is owned or lived in only by you and your household, and where you and your dependants can live without any help from public funds
• your husband or wife is not under 18, and
• you are not under 18.

If your husband or wife has more than one wife or husband, only one will be allowed to join them in the UK.

At first, you will be allowed to stay and work in the UK for two years. Near the end of this time, if you are still married and intend to continue living together, you can apply to stay permanently in the UK.

The Immigration and Nationality Directorate (IND) will deal with your application to stay permanently and give you information on what you will need to do. Contact details for IND can be found at the end of this guidance.

If you and your husband, wife or partner have been living together outside the UK for four years or more, there will be no time limit on how long you can stay in the UK.

What does "present and settled" mean?
Settled means living in the UK lawfully, with no time limit on your stay. "Present and settled" means that the person concerned is settled in the UK and, at the time we are considering your application under the Immigration Rules, is in the UK or is coming here with you, or to join you and plans to live with you in the UK if your application is successful.

How do I qualify to join my fiancé or fiancée in the UK?
You must show that:

• you plan to marry within a reasonable time (usually six months)
• you plan to live together permanently after you are married
• you have met each other before
• there is somewhere for you and your dependants to live until you get married, and you will be able to live without any help from public funds, and
• you and your dependants can be supported without working or claiming any help from public funds.

You will be allowed to stay in the UK for six months but without permission to work. When you are married, you can apply for a two-year extension to your visa, and, if your application is granted, you will be allowed to work. Near the end of this time, you can apply to stay in the UK permanently.

Can I join my unmarried partner in the UK?
You can apply to join your unmarried partner in the UK, as long as:

• they currently live and are settled in the UK, or they are coming to live permanently in the UK, and
• you are aged over 18 and your sponsor is aged over 18.

How do I qualify to join my unmarried partner in the UK?
You and your unmarried partner must show that:

• any previous marriage, or similar relationship, has permanently broken down
• you have been living together in a relationship similar to marriage for two years or more
• you have suitable accommodation which is owned or lived in only by you and your household, and where you and your dependants can live without any help from public funds
• you can support yourselves and any dependants without any help from public funds
• you intend to live together permanently
• your partner is not under 18, and
• you are not under 18.

The Entry Clearance Officer will need to see evidence of a two-year relationship. This may include:

• documents showing joint commitments, such as bank accounts, investments, rent agreements or mortgages
• letters linking you to the same address, and
• official records of your address, such as your National Insurance card or health card.

At first, you will be allowed to stay and work in the UK for two years. Near the end of this time, if you are still partners and intend to continue living together, you can apply to stay permanently in the UK.

Can my children join me and my husband, wife, fiancé, fiancée, or my unmarried partner in the UK?
Please use the "Family members" link at the bottom of this page to read more about children and other dependent relatives who want to live in the UK.

Do I need a visa?
You must get a visa before you travel to the UK as a husband, wife, fiancé, fiancée or an unmarried partner.

The rules for going to the UK are different if you or your husband or wife (your 'sponsor') are a national of another member state of the European Economic Area (EEA) or Switzerland. EEA members are the member states of the European Union, plus Iceland, Norway and Liechtenstein.

The rules are also different if you can claim British citizenship or another connection with the UK, for example through a parent or grandparent. You can find more information on this website or from our visa section.

What is a visa?
A visa is a certificate that is put into your passport or travel document at a British mission overseas. The visa gives you permission to enter the UK.

If you have a valid UK visa, we will not normally refuse you entry to the UK unless your circumstances have changed, or you gave false information, or did not tell us important facts when you applied for your visa.

When you arrive in the UK, an Immigration Officer may ask you questions, so take all relevant documents in your hand luggage.

How do I apply for a visa to settle in the UK?
You will need to fill in a visa application form (VAF 2 - settlement). You can download the form from this website, or get one free of charge from our visa section.

You can apply for a visit visa at any full service visa-issuing office. For all other types of visa, you should apply in the country of which you are a national or where you legally live.

You can apply in a number of ways, for example by post, by courier, in person and online. This website will tell you about the ways in which you can apply.

You may have to attend an interview.

What will I need to make my application?
You will need the following.

• which you have filled in correctly.
• Your passport or travel document.
• A recent passport-sized (45mm x 35mm), colour photograph of yourself.
  This should be:
• taken against a light coloured background
• clear and of good quality, and not framed or backed
• printed on normal photographic paper, and
• full face and without sunglasses, hat or other head covering unless you wear this for cultural or religious reasons.
• The visa fee. This cannot be refunded and you must normally pay it in the local currency of the country where you are applying.
• Supporting documents relevant to your application.

What supporting documents should I include with my application?
You should include all the documents you can to show that you qualify for entry to the UK as a husband, wife or partner. If you do not, we may refuse your application.

As a guide, you should include:

• your birth certificate
• your marriage certificate (if you are married)
• your sponsor’s birth certificate
• recent statements or letters from your sponsor’s UK employer, bank, local authority or building society to show what support and accommodation will be available for you in the UK
• letters from you and your sponsor that are relevant to your application
• a divorce certificate or death certificate of your husband's or wife's previous wife or husband (if either of you have been married before), and
• evidence that your sponsor is settled in the UK. (This can be a copy of their passport or registration certificate that has been confirmed as a true copy, in other words certified.)

We will refuse your application if we find that any documents are forged.

What will happen when I make my application?
The Entry Clearance Officer will try to make a decision using your application form and the supporting documents you have provided. If this is not possible, they will need to interview you.

Please check your visa when you get it. You should make sure that:

• your personal details are correct
• it correctly states the purpose for which you want to come to the UK, and
• it is valid for the date on which you want to travel. (You can ask for it to be post-dated for up to three months if you do not plan to travel immediately.)

If you think that there is anything wrong with your visa, contact our visa section immediately.

What are public funds?
Under the Immigration Rules, if you want to travel to the UK to settle, you must be able to support yourself and live without claiming certain state benefits. Use the "Public funds" link at the bottom of this page to see a list of them.

Drugs warning
Anyone found smuggling drugs into the UK will face serious penalties. Drug traffickers may try to bribe travellers. If you are travelling to the UK, avoid any involvement with drugs.

Forged or destroyed documents
Travellers to the UK may commit an offence if they do not produce valid travel documents or passports to the UK immigration authorities for themselves and their children. People found guilty of this offence face up to two years in prison or a fine (or both).

List of visa nationals
If you are a national of one of the countries listed in the "Visa nationals" link at the bottom of this page, or if you are stateless, hold a non-national travel document or passport issued by an authority not recognised by the UK you must hold a valid UK visa on each* occasion that you travel to the UK. Use the "Visa nationals" link at the bottom of this page to see a list.

*Visas are not required if you are settled in the UK or if you already have permission to stay in the UK and are returning to the UK before your permission to stay expires.

If you are not a visa national you do not need a visa to enter the UK as a visitor. You may need to apply for prior entry clearance if you wish to come to the UK for another reason.

For any more information please, go to the website: http://www.britemb-ukraine.net/visa