Immigration Corner | Obtaining a visa to remain in the UK as a spouse or partner

Dear Mr Bassie,

I would like to obtain a visa that would permit me to stay in the United Kingdom with my spouse who is a British citizen. I would appreciate any advice.

J.V.

Dear J. V.,

Persons may apply, extend or switch to a Family visa if certain conditions are met. To apply as a partner or spouse, both applicant and partner/spouse need to be 18 years old or over. It should be noted that the partner must also either:

•be a British or Irish citizen

• have settled in the United Kingdom (UK) - for example, he/she has indefinite leave to remain, settled status or proof of permanent residence

• be from the European Union (EU), Switzerland, Norway, Iceland or Liechtenstein and have pre-settled status – he/she must have started living in the UK before January 1, 2021

• have a Turkish Businessperson visa or Turkish Worker visa

• have protection status (leave to remain as a refugee, permission to stay as a refugee or a person with humanitarian protection)

Both the applicant and his/her partner must intend to live together permanently in the UK after applying. Please be aware that, if the partner has settled or pre-settled status, he/she may be able to apply to the free EU Settlement Scheme.

The applicant will need to be able to prove that either they are in a civil partnership or marriage that is recognised in the UK; or they have been living together in a relationship for at least two years when applying; or he/she is a fiancé, fiancée or proposed civil partner and will marry or enter into a civil partnership in the UK within six months of arriving. The applicant will also need to prove that they have a good knowledge of the English language and can financially support himself /herself and his/her dependents.

Please note that persons who do not meet these requirements may still be able to apply for a visa or extend their permission to stay if:

• they have a child in the UK who is a British or Irish citizen or has lived there for seven years and it would be unreasonable for them to leave the UK;

• there would be significant difficulties for both applicant and partner that could not be overcome if they had to live together as a couple outside the UK

• it would breach the applicant’s human rights to stop him/her going to the UK or if made to leave there.

Those persons applying as a fiancé, fiancée or proposed civil partner must prove that any previous marriages or civil partnerships have ended and that they plan to marry or become civil partners within six months of arriving in the UK. Also, applicants will not be permitted to work or study during their engagement.

Persons will need to apply for permission to extend their stay in the UK when they marry or enter into a civil partnership. If the application is approved, they will have the right to work or study in the UK.

All the best.

John S. Bassie

John S. Bassie is a barrister/attorney-at-Law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a fellow of the Chartered Institute of Arbitrators, a chartered arbitrator, the past global president of the Chartered Institute of Arbitrators, and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com