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Dependent Visa For Husband, Wife Or Civil Partner |
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How you can apply for permission to enter or remain in the UK as the husband, wife or civil partner of a person who is settled here or applying to settle here.
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If you are currently outside the UK:
If you are subject to immigration control and you are married to or in a civil partnership with a British citizen or person who is settled here, you can apply for permission to come to the UK in this category.
Your husband, wife or civil partner must be at least 21 years old (or 18 years old if you or they are a serving member of HM Forces), and must be:
Currently living and settled in the UK; or
Returning to the UK with you to live here permanently.
You must show that:
you are legally married to each other or have registered a civil partnership;
You are going to live together permanently as husband and wife, or as civil partners;
You have met each other;
You can support yourselves and any dependants without help from public funds;
You have adequate accommodation where you and your dependants can live without help from public funds; and
You are at least 21 years old (or 18 years old if you or your husband, wife or civil partner is a serving member of HM Forces).
If the settled person has more than one husband or wife, only one husband or wife will be allowed to join them here in this category.
If your application is successful, we will give you permission to live and work here for up to 27 months. This is called your probationary period. At the end of two years, you may apply for permission to settle permanently in the UK (known as 'indefinite leave to remain') as the settled person's husband, wife or civil partner.
UK Border Agency may be able to give you permission to live permanently in the UK as soon as you arrive, if:
You and your partner married or formed a civil partnership at least four years ago;
You have spent those four years living together outside the UK;
You are both coming to the UK to settle here together; and
You have sufficient knowledge of the English language and life in the UK. (You do not need to meet this last requirement if you are aged 65 or over.)
If you are already in the UK:
If you entered the UK in a different immigration category (for example, as a student), you may be allowed to switch into the category of husband, wife or civil partner if UK Border Agency have given you a total of more than six months' permission to live here since your most recent admission to the UK. This permission must have been given in accordance with the Immigration Rules, not 'exceptionally' (outside the Immigration Rules). For example, if UK Border Agency 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.
(The minimum of more than six months does not apply to you if UK Border Agency gave you permission to enter as a fiance(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.)
To switch into this category and be given permission to remain in the UK as a husband, wife or civil partner, you must also meet all of the following requirements:
You are married to or the civil partner of a person who is present and settled in the UK;
You and your husband, wife or civil partner will both be at least 21 years old (or 18 years old if either of you is a serving member of HM Forces) on the date when UK Border Agency would give you permission to remain;
You have met your husband, wife or civil partner;
You have not remained in the UK 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 UK;
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 your and your partner's sole use; and
Both of you will be able to maintain yourselves and any dependants adequately without needing public funds.
If your application is successful, UK Border Agency will give you permission to live and work here for two years. This is called your probationary period. At the end of the two years, you may be able to apply for permission to settle permanently in the UK (known as 'indefinite leave to remain') as the settled person's husband, wife or civil partner.
Please note that, in most circumstances, you cannot marry or enter into a civil partnership in the UK unless:
You been given entry clearance expressly for the purpose of letting you marry or register a civil partnership in the UK; or
You have a certificate of approval to marry or register a civil partnership in the UK.
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