How Can My Partner Join/Stay with Me In the UK Permanently?
Can I Apply?
- If you are a non-British Citizen living outside the UK, you need to apply for a Partner Visa to join your British or "Settled Partner" in the UK.
- For non-British citizens living in the UK legally, (with a valid visa/leave to remain issued for more than 6 months, i.e. not a visitor, and whose visa/leave has not yet expired), you can apply for a Partner Visa while you are in the UK and remain in the UK. - If this is your situation, find out more about Form FLR (M) here.
- For non-British citizens living in the UK as a visitor, or as an overstayer not having a valid visa, you must return home and submit an application from there, unless there are children or other compelling factors involved, which could enable you to submit an application from the UK.
- Partner Visas include applications for a Fiance(e), or Proposed Civil Partner, an Unmarried Partner (for those who have been in a relationship akin to a marriage with their partner continuously for 2 years or more), a Spouse, or a Civil Partner.
How Much does it Cost?
The Home Office Fee
The Current Home Office fee for all partner visa applications made outside the UK is
£1,938. For applications made inside the UK (using
Form FLR M), the fee is
£1,321. Note, that you would typically only 'make an application inside the UK' if you are either switching from a Fiancé(e)/Proposed Civil Partner visa to a Spouse/Civil Partner Visa (once you are married), or you are extending your existing spouse visa to remain in the UK.
The Immigration Health Surcharge
For all partner visas with a term over 6 months (i.e. NOT Fiancé(e) or proposed civil partner visas), you will also need to pay for the Immigration Health charge which gives you access to the National Health Service (NHS) for the duration of your visa term. This fee is mandatory and is currently
£3,105
(for entry clearance visas applications) and
£2,587.50
(for FLR M/applications being made inside).
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Can I include Children on my Application?
Children under the age of 18 can apply with you. Dependent children over 18, however cannot apply with you unless they were originally granted leave in this category when they were under 18 and do not live an independant life e.g. They have left home, are married and have a family of their own. Note that you must also pay the respective Home Office and IHS fees for each dependent that is also applying.
What is the Processing Time?
The average processing time to get a decision from the Home Office is 2-3 months (unless you opt for the super priority service as mentioned above).
Delays in your application may occur if you have not provided all the required documents that the Home Office wants to see, or you are required to attend an interview.
Are there other Requirements ?
The Financial requirement
In order to satisfy the financial requirement you must meet a minimum income threshold of £29,000 (*For all new applications being made on or after 11 April 2024).
If you or your partner were first granted leave as a spouse/partner for an appliction that was submitted before 11 April 2024 and you/they are extending that visa, the minimum income threshold is £18,600 gross per annum. This threshold increases to £22,400 where you are applying to extend with a dependant child, and then further increments of £2,400 for each additional child you are applying with (up to a maximum threshold of £29,000).
You can meet this via you and/or your spouse/partner's income from employment or self-employment). 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.
Accomodation
Additionally, you must also have adequate accommodation for you and any dependants that live with you.
The English language requirement
Unless you resided 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 UK NARIC otherwise you will need to take an English Language Test.
These are the primary requirements but there are many other elements for a successful UK Partner Visa application. There is whole host of information you must provide, and the type of supporting documents you and your sponsor must include, will depend on you and your partner's own circumstances.
It is not a cheap visa application to make, and any mistakes could be costly and stressful should your application be refused as a result.
How Long Does an Application Take?
The average time for the Home Office to make a decision on a partner visa uk application is currently 2-3 months. You also have the option to fast track your application by paying an additional premium/fee.
Delays in your application being processed can occur if the Home office require more information or further documents to support your application.
What you Can and Can't do on a Partner Visa UK
You Can:
- Apply for this visa outside the UK
- Switch to this visa from another valid visa category and remain in the UK (via FLR M) if have lived together with your partner for 2 yrs continuously
- Extend your visa to remain in the UK (via FLR M)
- Work
- Study
You Cannot:
- Claim benefits/other public funds for you or your dependants (though there are exceptions to this)
- Apply for UK settlement until you are eligible i.e. have been in the UK for the required period of years
For an application to be successful, Applicants must satisfy all of the requirements under Appendix FM of the Immigration Rules, such as:
1. The Suitability Test Requirement; and
2. The Eligibility Requirement, which includes the Relationship Requirement, the Financial Requirement and the Accommodation Requirement;
3. The English Language Requirement; (if they are citizens of countries that are not exempted from meeting the English language requirement) and
4. The Tuberculosis Test Requirement (if applying from outside and they are citizens of certain countries, as listed by the Home Office)
How Can We Satisfy The Requirements?
To demonstrate that all of the requirements are met, supporting documents from both the Applicants and their Settled Partner must be submitted, AND that these documents comply with Appendix FM-SE (Supporting Evidence) of the Immigration Rules, i.e. the documents you submit must be specific. It is the quality of the documents that is important, not the quantity.
What Happens When The Application is Successful or Unsuccessful?
- If an application is successful, the Applicant is granted with a visa, which is stamped on their passport (if applying from outside), the visa is granted for a maximum period of 33 months (just over 2 and a half years), which they can then extend for a further 2 and a half years. Once the applicant has had a minimum of 5 years' partner visa, they will then be eligible to apply for Indefinite Leave to Remain (ILR) in the UK.
- If an application is unsuccessful , the Applicant may have a right of appeal to the Immigration Appeal Chambers, (IAC), or they can re-apply again.
If you have any concerns about meeting the requirements, or submitting the correct documents to support your application,
Contact Us now for expert advice and full peace of mind that your application will be successful.
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