There are slight differences in the application process from country to country, so it would help if you told us your country of origin.

 

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.

 

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