MARRIAGE (SPOUSE VISA)A UK marriage visa enables a person to apply for leave to enter the UK or leave to remain in the UK on the basis that they are married to a person who is present and settled in the UK. Settled status means that the person is living here lawfully with no time limit on their stay.
What is a spouse visa? A spouse visa is a visa much the same as any other visa except that it is issued on the basis of marriage. It allows a non-EU spouse to come to the UK on the basis of his relationship and it allows them the right live and work in the UK. It will only be issued if the non-EU spouse is married to a UK citizen or some who has Indefinite Leave to Remain in the UK. There are a number of rules that need to be satisfied before the non-EU spouse will be issued with a marriage visa. These rules are known as the 'Immigration Rules'. An application for a marriage visa will be refused if the requirements of the immigration rules are not met. Therefore, it is very important that any proposed marriage application meets all the elements of the rules. How long can I stay in the UK ?
Initially a UK spouse visa is issued for a two year period. After this time a person can apply for Indefinite Leave to Remain. In some cases settlement entry clearance may be granted allowing a partner to stay in the UK permanently, however this is only applicable to a person who has been married and living abroad with their spouse for four years at the time they apply for entry to the UK, although after the introduction of the obligatory Life in the UK Test it is somewhat problematic, as in order to qualify for Settlement a person must either pass a Life in the UK Test or achieve ESOL Level 3 qualification, both are which are may only be acived in the UK.
Important points If you have been married for four years or more outside the UK then you may qualify for permanent residence in the UK at the time you make your application. If you have been together for less than 4 years, a spouse visa will usually be granted for a probationary period of two years. You must live together for at least two years before the non-EU spouse will be granted permanent residence in the UK. The non-EU spouse should apply for entry clearance before entering the UK. Children of the marriage who are under 18 years old are allowed entry to the UK as dependants, and can make their application at the same time as the main applicant. After three years in the UK if you meet the residence requirements you may then apply for UK citizenship. How do I qualify ? An applicant for a marriage visa in the UK must be 21 years of age or over and the partner with settled status in the UK must be 21 years of age or over. You must be formally married to your spouse and must intend to live together permanently. The intended accommodation must be suitable for you both (plus any dependents). You also have to show that you have enough money to support you and your spouse (and any dependents) without having to claim any public benefits. To be eligible for the UK marriage visa partners must: be legally married to each other; and plan to live together; have met each other; can be supported by themselves without recourse to public funds; and have adequate accommodation where dependants can live without recourse to public funds.
If a person has more than one husband or wife, only one of them will be allowed to join them in the UK as their husband or wife under the UK marriage visa. If a person is applying within the UK for leave to remain on the basis of marriage, at the time of the application the person must have leave to remain in the UK on a visa category that was initially issued for a period of more than six months. Switching into a spouse while in the UK (in-country applications) You may switch in-country to become a spouse of a British citizen or someone setteled in the UK. You may need to have see Certificate of Approval (COA, see below) before switching into a spouse. It is important that you provide the Home Office with all the relevant documents that show your relationship is subsisting and that you intend to live together permanently. Certificate of Approval (COA) If you are planning to marry someone in the UK who is not settled in the UK then you may need to apply to the Home Office for a Certificate of Approval. You can only apply for this certificate if the person who is not settled entered the UK with more than 6 Months leave or was later granted more than 6 months leave to enter or remain and they have 3 months or more remaining. Please note that the recent case low allows people on any visa or even without a visa to apply for COA, although certain point must be met.
Public Funds
To be eligible for a UK spouse visa you must be able to support and accommodate yourself without recourse to public funds. What we can do for you As British lawyers, we will do our best and even go that extra mile for you. We can help you with the necessary paperwork that will be needed to ensure that your application meets the Immigration requirements.
Please expect us to do the following for you, when you instruct us to represent you or a member of your family: Full and professional assessment of your case Advice on whether you should consider a different immigration programme or category Strong and weak points of your application Advice on correct list of documents Advice on evidence required Instructing your sponsor, relative, employer or college (if required) Final check of your documents before submission to the Home Office/British Diplomatic Post Creating a professionally looking paginated immigration bundle Drafting representations and cover letters to the Home Office/British Diplomatic Post Working with interpreters (if required) Submission your application to the Home Office/British Diplomatic Post Correspondence with the Home Office/British Diplomatic Post Keeping you updated by post, E-mail or phone on the progress of your application If something goes wrong : requesting a review or reconsideration Any further in-country/out-of-country immigration assistance
The above list is not exhaustive as we treat every client's case individually. Please do not hesitate to contact us for a professional immigration advice. 
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