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
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