Can I Stay in the UK if I Marry a British Citizen?

Applying to come to the UK as a Spouse of a British National/Settled Person (Appendix FM)

If you are a Non-UK national and are married or are in civil partnership with a "settled/pre-settled person" in the UK, you can apply for a Spouse or a Civil Partner Visa to enter and then remain in the UK. A "Settled/Pre-Settled person" being someone who is either a British citizen, has Indefinite Leave to Remain (ILR) or pre-settled status under the EU settlement scheme in the UK.  The current cost for the visa is £1,846; and you will also need to pay the Immigration Health Surcharge (I.H.S) which is an additional £1,872.

Making your Application from Inside the UK

If you are in the UK with a valid visa (not a visitor/tourist visa) and you then get married, enter a civil partnership or are in a long term relationship* with a British/Settled person, you would be able to switch to a spouse/partner visa or skilled/health and care worker dependant visa from your current visa category.

*Long Term relationship refers to you cohabiting with your partner for a minimum period of 2 years and being in a relationship akin to a marriage, which you would need to evidence accordingly.

If you do not have a valid visa, even if you do get married to a British person or someone who holds a Skilled Worker visa, you cannot make an application for a spouse visa to remain in the UK. - You would need to return to your country of residence and make an application from there (refer to 'Applying to come to the UK as a Spouse' above).

Exceptional Circumstances

You may be able to make an application outside the immigration rules if there are exceptional circumstances to your case, for example if you have children together (and the children have British citizenship or settled status in the UK).

What Application do I need to make to switch from my current Visa?

For Spouse/Partners application is exactly the same as the one used for those applying for a UK Spouse visa extension, which is Form FLR M (Further Leave to Remain as a Partner of a UK/Settled Person).

How much will it cost to switch to a Spouse Visa inside the UK?

The current UKVI Fee for FLR M is £1,048, and you will also need to pay for the Immigration Health Surcharge (IHS) which is currently £1560.  There may be other costs involved, depending on the types of evidence (supporting documents) you will need to obtain.

When and How can I apply?

Once you are married (or have satisfied the 2-year cohabitation period as an unmarried partner), you can apply for FLR M immediately. - You do not have to wait until your current visa expires.

All applications must be made online via the GOV.UK website here .

When Can I apply for Indefinite Leave?

When the application is successful, the period of leave granted is 2 and a half years.  You can then extend your leave with another FLR M application and once you have reached 5 years on the Partner route, you will be eligible to apply for Indefinite Leave to Remain.

It is important to note that any leave you had on your previous visa category cannot count towards the 5 year qualifying period mentioned above. When you switch from another visa category to the partner route, the clock effectively resets.

What are the Requirements for FLR M?

As well as proving your relationship with your partner, you will also need to satisfy the following requirements: 

The Financial requirement

In order to satisfy the financial requirement you must meet a minimum income threshold of £18,600.

This threshold increases to £22,400 where you are applying with a dependant child, and then further increments of £2,400 for each additional child.

You can meet this via your spouse/partner's income from employment or self-employment, or your own income (if you have permission to work in the UK).

You can also meet this with cash savings over £16,000, pensions, maternity allowances or bereavement benefits received in the UK. You are exempt from having to meet the minimum income threshold if your spouse/partner is in receipt of specific benefits or allowances. In which case, you will need to provide evidence of adequate maintenance for you and any dependants.

Additionally, you must also have adequate accommodation for you and any dependants that live with you.

The English language requirement

Unless you are a national in a country where English is the primary/dominant language e.g. USA or Australia, you will need to demonstrate you have good knowledge of the the English Language.

This can be met by having a degree or academic qualification that was taught or researched in English and recognised by Ecctis (formerly UK NARIC), otherwise you will need to take an English Language Test.

What are the Documents I need to Submit?

The documents you must submit will depend on you and your partner's circumstances.  A general list of the documents include:

• Your current Passport/s;
• Evidence of your current leave in the UK;
• Documents to prove your relationship (including proof of cohabitation if applying as an unmarried partner);
• Documents to prove you meet (or are exempt from) the Minimum income Threshold;
• Proof of adequate accommodation;
• Proof of meeting the English Language Requirement (if applicable)

For a Complete List of Supporting Documents you will need to submit for your own UK partner visa application or switch, head over here.