Marriage to, or close family relationship to a British Citizen or foreign national permanently settled in the UK, can lead to residence with that relative.
Marriage applications and Fiance(e)s
A spouse or civil partner of a person permanently settled in the UK must apply for a Visa at a British Consulate to join that person. Certain conditions apply :-
Both parties have to have met previously - the couple must intend to live together permanently - accommodation and income must be adequate for their support without use of public funds ;
If the couple have lived together for less than 4 years at time of application, a 2 year residence will be granted, with a requirement at the end of that time to prove that the relationship continues, and permanent residence will be given ;
If the couple have lived together for 4 years or longer, permanent residence will be given immediately on arrival in the UK.
Fiance(e) Applications
This is only available to persons living abroad and wishing to come to the UK to marry or have a civil partnership ceremony with their partner. Application is made to the nearest British Visa issuing Post and requires evidence as follows :- That the couple have previously met ; that the sponsor is a permanent resident of the UK ; that the couple intend to live together permanently after marriage / civil partnership ; that there is adequate financial support and accommodation without help from public funds, before and after the marriage.
Application while in the UK
For marriage / civil partnership in the UK when the applicant is here with another valid Immigration residence, an application for a Certificate of Approval (COA) must be made to the Home Office. If both parties are subject to Immigration residence time limits, then both have to make this application separately, and pay separate Home Office fees. The application MUST be made at least 3 months before expiry of the current residence. Visitors cannot make this application. When the COA has been granted, marriage / civil partnership can be undertaken, and an application must then be made to Home Office for residence. Two years will be granted initially, followed by permanent residence if the marriage / partnership continues, and support and income are adequate.
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Unmarried Partners
Provided that there is documentary evidence of the existence of the relationship and co-habitation ; that it has lasted for at least 2 years and is likely to continue indefinitely ; that the income and accommodation are adequate without assistance from public funds ; and that any previous relationship with another party has permanently broken down, then an application can be made in line with Marriage / Partner advice above, and the same terms of residence will be applied.
Children of persons settled in the UK with a valid UK residence
Children under 18 are allowed to join both their parents to live permanently in the UK provided the parents have permanent residence, and have adequate accommodation and income without help from public funds, to support the child. It must be clear that the child is still fully dependent upon the parents, and that they have not been abandon ed to other friends and relatives. Evidence of ongoing interest and support may be needed if the children have been living apart from the parents for a long time.
In some cases, only one parent is living in the UK, and in that case, it is necessary for the parent in the UK to prove that they have sole responsibility for the child’s support and upbringing. A visa must be applied for at the nearest British Visa Post to where the child lives, supported by documentary proof of ongoing support from the UK b y the parent. If proof is not available, the parent would have to prove serious and compelling reasons for bringing the child to the UK.
Adopted Children
Adopted children under age 18 may apply to accompany or join their adoptive parents in the UK subject to certain criteria. A De Facto adoption may be accepted provided the adoptive parents have lived with the child in the country of origin for 18 months, and it is clear that there has been a genuine transfer of parental responsibility. Otherwise, if the adoptive parents are living in the UK, there must have been a formal adoption under the adoption procedures of the country of origin, and the country’s adoption orders must be recognised by the UK.
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Parents and Grandparents
Parents and Grandparents can qualify to settle permanently in the UK with their children only in circumstances where the applicants can show clearly that they have no other children in their own country on whom they depend, and that they receive regular financial support from their sponsor in the UK, confirming that they are dependant on their UK resident son or daughter. Proof of dependency must be in the form of bank transfers or other receipts for monies sent to the parent in order to support the application, and birth documents of the UK relative to prove the relationship will be needed.
Other Close Relatives
Brothers, Sisters, Uncles and Aunts of persons settled in the UK may also apply if they are living in exceptionally poor conditions. It must be apparent that they are living at a standard below the average of their country, and that they have no other relatives in their country to whom they can turn for financial or other assistance. Proof of support from the UK and of relationship are also needed with these applications.
