Spouses or partners of UK citizens or of persons settled in the UK, which automatically includes Irish citizens, can initially apply to the UK immigration authorities for a two year visa under the UK immigration rules. This is also referred to as ‘probationary’ period.

If the foreign spouse is not yet in the UK, the application for leave (or permission) to enter the UK as a spouse/partner of a UK citizen can be made to the British embassy, consulate or high commission in the country in which they are living. A fee of approximately £260 is charged for a spouse/partner application, whether or not it is successful.

The Entry Clearance Officer who considers the application for a visa will have to be satisfied that the couple intend to live together permanently and that they can maintain and accommodate themselves without 'additional recourse to public funds'. This means that the applicants will have to show that they have enough money and adequate housing for themselves, without claiming any social security benefits for the non UK spouse/partner. Any benefit claim for the UK spouse/partner and/or their children is not affected by this restriction on the foreign spouse/partner.

Applications can only be made for leave to remain as a spouse/partner from within the UK if the foreign spouse/partner is already here legally on a visa that is for more than six months. The only exception to this is people in the UK holding a six month fiancé(e) visa, who marry during this time, (see section 3 below).

A fee is payable for applications made from within the UK. The relevant form for applications made within the UK for leave to remain as a spouse is FLR(M), which can be obtained from the Home Office website: www.ind.homeoffice.gov.uk. These forms are updated every six months and it is important to ensure that a valid form which has been correctly completed is submitted, otherwise the application will not even be considered by the Home Office. The documents required must be sent to the Home Office in original form along with the application form, ie photocopies are not accepted. It is strongly advised to keep copies of all documents and correspondence which are sent to the Home Office and send any original documents by recorded delivery, keeping the docket to prove that they have been sent.

It is also very important that a valid application is submitted before the foreign spouse/partner’s current leave to remain in the UK expires. If an application is submitted after a person’s leave to remain expires, even by one day, then that person becomes an ‘overstayer’. In most circumstances, an overstayer does not have a right of appeal against a negative decision and will have a poor immigration history which could result in the refusal of an application to enter the UK in the future.

If successful, leave to remain in the UK will be granted.

During the two years of this visa, the foreign spouse/partner is entitled to take employment but no social security benefits can be claimed for her/him.

2.2 Indefinite leave to remain
Just before the expiry of the initial two years leave to remain as a spouse/partner, an application can be made for indefinite leave to remain in the UK. The Home Office may check that the couple are still living as husband and wife. Once indefinite leave to remain is granted, the foreign spouse/partner will be allowed to access social security benefits and, of course, will be allowed to continue to be employed.

Applications for indefinite leave to remain must be submitted in country (within the UK), on a valid completed form SET(M) (also available from the Home Office website, see 2.1 above), with relevant original documents to the Home Office before the expiry of the initial two years leave to remain.

Couples who have been married and living together abroad for more than four years can apply straightaway for indefinite leave to enter then remain in the UK, without having to go through the probationary period, if one of them is a UK citizen, an Irish citizen or otherwise settled in the UK and they travel together.

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3. UK VISAS: FIANCE(E)S
Fiancé(e)s of UK citizens, Irish citizens or people otherwise settled in the UK can apply for visas to come to the UK. These visas are usually for six months only, during which time it is expected that the couple will get married. It may be possible to extend this for a further maximum period of six months by explaining to the Home Office why you did not get married during the first six months, and stating when you will be getting married. Such applications can only be made before the first visa expires.

Applications cannot be made from within the UK and can only be made to British embassies or consulates abroad. There is a fee of £260 for making a fiancé(e) visa application.

To obtain a fiancé(e) visa, the couple will have to show that they are in a genuine relationship, planning to marry and that they have sufficient financial resources and accommodation to support and house themselves without public funds for the foreign fiancé(e). The fiancé(e) will not be allowed to take employment during the period of the fiancé(e) visa. Once married, an application to remain in the UK as a spouse should be made on form FLR(M) (see 2.2 above).