Husbands, wives and partners (INF 4)

Guidance - Husbands, wives and partners (INF 4)
Last updated 16 July 2008

This guidance explains what you will need to do if you want to settle in the United Kingdom (UK) as the husband, wife, civil partner, fiancé, fiancée, proposed civil partner, or unmarried partner or same-sex partner of someone who is coming to the UK or is already 'present and settled' (see the relevant section of this leaflet) in the UK.

This guidance also explains what the Immigration Rules say. It is only a guide but it aims to answer some common questions.

If you want to come to the UK as the husband, wife, civil partner, or unmarried or same-sex partner of someone who is not settled in the UK (for example a work permit holder) please read the appropriate guidance on this website.

Can I join my husband, wife, civil partner, fiancé, fiancée or proposed civil partner in the UK?
You can apply to join your husband, wife, civil partner, fiancé, fiancée or proposed civil partner in the UK as long as:

  • they currently live and are settled in the UK, or
  • they are coming to live permanently in the UK, and
  • they are not under 21.

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How do I qualify to join my husband, wife or civil partner in the UK?
You must show that:

  • you are legally married to each other or are in a civil partnership recognised in the UK
  • your husband, wife or civil partner is present and settled in the UK (see the next section)
  • you both intend to live together permanently as husband and wife or as civil partners
  • you have met each other before
  • you can support yourselves and any dependants without any help from public funds
  • you have suitable accommodation, which is owned or lived in only by you and your household, and where you and your dependants can live without any help from public funds
  • your husband, wife or civil partner is not under 21, and
  • you are not under 21.

If your husband or wife has more than one wife or husband, only one will be allowed to join them in the UK.

At first, you will be allowed to stay and work in the UK for two years. Near the end of this time, if you are still married and intend to continue living together, you can apply to stay permanently in the UK.

The UK Border Agency will deal with your application to stay permanently in the UK. Shortly before the end of your probationary two years Leave to Enter (LTE) period you will need to apply for Indefinite Leave to Remain (ILR). When you do this you will have to provide at least 6 documents or letters addressed to you, or jointly with your  spouse or partner at the same address, as evidence that you have been living together during the past two years.  The dates of the letters or documents should also be from at least 3 different sources. Examples of acceptable letters and documentation (originals only) to provide are listed on the UK Border Agency website: Form SET (M) and guidance notes.

The UK Border Agency will charge a non-refundable fee for your application to remain indefinitely in the UK.

If you and your husband, wife or civil partner have been living together outside the UK for four years or more, and you meet all the necessary requirements to stay permanently in the UK, you may be granted indefinite leave to enter. These requirements include showing that you have the necessary level of knowledge of the English language and life in the UK (see relevant section of this guidance for more information).
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What does 'present and settled' mean?
‘Settled’ means being allowed to live in the UK lawfully, with no time limit on your stay. 'Present and settled' means that the person concerned is settled in the UK and, at the time we are considering your application under the Immigration Rules, is in the UK or is coming here with you, or to join you and plans to live with you in the UK if your application is successful.
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How do I qualify to join my fiancé, fiancée or proposed civil partner in the UK?
You must show that:

  • you plan to marry or register a civil partnership within a reasonable time (usually six months)
  • you plan to live together permanently after you are married or have registered a civil partnership
  • you have met each other before
  • there is somewhere for you and your dependants to live until you get married or register a civil partnership, and you will be able to live without help from public funds, and
  • you and your dependants can be supported without working or claiming any help from public funds.

You will be allowed to stay in the UK for six months but without permission to work. When you are married or have registered a civil partnership, you can apply for a two-year extension to your visa and, if your application is granted, you will be allowed to work. Near the end of this time, you can apply to stay in the UK permanently. Before we can give you permission to stay in the UK permanently, you will need to pass the 'Life in the UK' test.
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Can I join my unmarried or same-sex partner in the UK?
You can apply to join your unmarried or same-sex partner in the UK, as long as:

  • they currently live and are settled in the UK, or they are coming to live permanently in the UK, and
  • you and your sponsor are aged 21 and over.

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How do I qualify to join my unmarried or same-sex partner in the UK?
You and your unmarried or same-sex partner must show that:

  • any previous marriage, civil partnership or similar relationship, has permanently broken down
  • you have been living together in a relationship similar to marriage or civil partnership for two years or more
  • you have suitable accommodation which is owned or lived in only by you and your household, and where you and your dependants can live without any help from public funds
  • you can support yourselves and any dependants without any help from public funds
  • you intend to live together permanently
  • your partner is not under 21, and
  • you are not under 21.

The Entry Clearance Officer will need to see evidence of a two-year relationship. This may include:

  • documents showing joint commitments, such as bank accounts, investments, rent agreements or mortgages, and
  • letters linking you to the same address, and official records (such as a gas or electricity bill or proof of your rent or mortgage arrangements) of your address

At first, you will be allowed to stay and work in the UK for two years. Near the end of this time, if you are still partners and intend to continue living together, you can apply to stay permanently in the UK.

If you and your unmarried or same-sex partner have been living together outside the UK for four years or more and you meet all the necessary requirements to stay permanently in the UK, you may be granted indefinite leave to enter. These requirements include showing that you have the necessary level of knowledge of the English language and life in the UK (see the relevant section of this guidance for more information).
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Can my children join me and my husband, wife, civil partner, fiancé, fiancée, proposed civil partner, or my unmarried or same-sex partner in the UK?
Please see the Family members (INF 6) guidance note about children and other dependent relatives who want to live in the UK.
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Do I need a visa?
You must get a visa before you travel to the UK as a husband, wife, civil partner, fiancé, fiancée, proposed civil partner, or unmarried or same-sex partner.

The rules for going to the UK are different if you or your husband, wife or civil partner (your 'sponsor') are a national of another member state of the European Economic Area (EEA) or Switzerland. EEA members are the member states of the European Union, plus Iceland, Norway and Liechtenstein. See our EEA and Swiss Nationals (INF 18) guidance for more information.

The rules are also different if you can claim British citizenship or another connection with the UK, for example through a parent or grandparent. You can find more information on this website or from your nearest visa application centre.
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What is a visa?
A visa is a certificate that is put into your passport or travel document by and Entry Clearance Officer at a British mission overseas. The visa gives you permission to enter the UK.

If you have a valid UK visa, we will not normally refuse you entry to the UK unless your circumstances have changed, or you gave false information or did not tell us important facts when you applied for your visa.

When you arrive in the UK, an Immigration Officer may ask you questions, so take all relevant documents in your hand luggage.
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How do I apply for a visa?
You can apply in a number of ways, for example, by post, by courier, in person and online. Staff at the visa application centres will tell you about the ways in which you can apply.

Some visa sections will only accept applications made online. To find out if you can apply for your visa online please visit the visa4UK website.

If you cannot apply online you will need to fill in a visa application form (VAF 4 - Settlement). You can get one free of charge from your nearest visa application centre or from the visa application forms page on this website.

You may have to attend an interview.

You can apply for a visit visa or EEA family permit at any full service visa-issuing office. If you are applying from within the EEA, you will need to show that you are living legally in an EEA member state. 'Living legally' includes having a visit visa for the member state. For all other types of visa, you should apply in the country of which you are a national or where you legally live.

In some countries, if you are applying for a visa to stay in the UK for more than six months, you may need to be tested for active tuberculosis before we will accept your application. You can find out if you need to be tested by using our Do I need a visa? questionnaire on the homepage of this website, or by contacting your nearest visa application centre.
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What are visa application centres?
In some countries, we are working with commercial companies to run visa application centres (VACs). The VACs are in largely populated areas, making it easier and more convenient for people to apply for a UK visa. Trained staff at each VAC deal with all visa enquiries and applications. They collect your biometric information (see the relevant section of this leaflet) along with the relevant fees, and provide unbiased, face-to-face advice on the application process, including whether or not you have included all the necessary documents. Entry clearance staff at the British mission will then consider your application and decide whether to issue or refuse your visa. VAC staff have no say in this decision.
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How do I show that I have the necessary knowledge of language and life in the United Kingdom?
Anyone applying to stay permanently in the United Kingdom after 2 April 2007 is required to show that they have the necessary level of knowledge of the English language and life in the United Kingdom.

You can do this by:

  • going on an approved English for Speakers of Other Languages (ESOL) course which includes a citizenship section, or
  • passing the 'Life in the UK' test.

You can only take the ESOL course and the 'Life in the UK' test in the United Kingdom. You can get more information from the UK Border Agency. Their contact details are under 'More advice and information' at the end of this guidance.
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What will I need to make my application?
You will need to make your application online or fill in the following visa application form:

  Application form VAF4 - Settlement
  Settlement form guidance notes 

You will also need the following:

  • Your passport or travel document.
  • A recent passport-sized (45mm x 35mm), colour photograph of yourself.
    This should be:
    • taken against a light coloured background
    • clear and of good quality, and not framed or backed
    • printed on normal photographic paper, and
    • full face and without sunglasses, hat or other head covering unless you wear this for cultural or religious reasons (but the face must not be covered).
  • The visa fee. This cannot be refunded and you must normally pay it in the local currency of the country where you are applying.
  • Supporting documents relevant to your application.

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What is 'biometric' information?
All UK visa applicants, save for those benefiting from a limited number of exemptions and exceptions, are required to provide biometric data (10-digit finger scans and a digital photograph) as part of the application process.

You will have to go to your nearest visa application centre in person to provide your biometrics. In those countries where there is no visa application centre, you will need to go to the British mission.

Your visa application will not be processed until you have provided the necessary biometric information. The finger scans are electronic so staff do not need to use any ink, liquid or chemicals. You will have your digital photograph taken at the same time and the whole procedure should take no more than five minutes to complete. You should make sure that you do not have any decoration (such as henna), or any cuts or other markings on your fingertips before having your finger scans. You should also make sure that if you have any cuts and bruises on your face, they have healed or disappeared before you have your photograph taken. Digital photographs must be of your full face and you should not wear sunglasses, a hat or any other head covering (unless you wear it for cultural or religious reasons but the face must not be covered).
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What supporting documents should I include with my application?
You should include all the documents you can to show that you qualify for entry as a husband, wife, civil partner, fiancé, fiancée, proposed civil partner, or unmarried or same-sex partner. If you do not, we may refuse your application.

As a guide, you should include the following:

  • Your original birth certificate.
  • Your original marriage certificate (if you are married) or your original civil partnership certificate (if you have registered a civil partnership).
  • Recent bank statements or savings books for your sponsor and evidence of your sponsor's employment in the UK, which could include payslips to show what financial support you have.
  • Evidence of your accommodation, such as a mortgage agreement or rental agreement, and evidence that you and your dependants can stay in this accommodation if it is rented or provided by your local authority.
  • Letters from you and your sponsor that are relevant to your application.
  • If you have been married or in a civil partnership before, one of the following original documents:
    • a divorce certificate
    • a final dissolution order, or
    • your or your sponsor's previous husband's, wife's or civil partner's death certificate
  • Evidence that your sponsor is settled in the UK. (This can be a copy of their passport or registration certificate that has been confirmed as a true copy, in other words 'certified').

We will refuse your application if we find that any documents are false.
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What will happen when I make my application?
The Entry Clearance Officer will try to make a decision using your application form and the supporting documents you have provided. If this is not possible, they will need to interview you.

Please check your visa when you get it. You should make sure that:

  • your personal details are correct
  • it correctly states the purpose for which you want to come to the UK, and
  • it is valid for the date on which you want to travel.

If you have been granted entry clearance as a husband, wife, civil partner, or unmarried or same-sex partner, you will need to enter the UK within 28 days of the start date shown on your visa. You should tell the Entry Clearance Officer the exact date on which you will be travelling before your visa is issued. (You can ask for it to be post-dated for up to three months if you do not plan to travel immediately).

If you think that there is anything wrong with your visa, contact the visa section immediately.
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What are public funds?
Under the Immigration Rules, if you want to travel to the UK you must be able to support yourself and live without claiming certain benefits. A full list of public funds is available on the UK Border Agency website.

You can find more information about public funds in the Immigration Directorate Instructions (IDIs) and Immigration Rules on the UK Border Agency website.
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More advice and information

Under the Civil Partnership Act 2004, civil partnerships can only be entered into by the same-sex couples. For more advice and information about the Act contact:

Women and Equality Unit
2nd Floor Ashdown House
123 Victoria Street
London SW1E 6DE
Telephone: (+44) (0)20 7944 4400

Where can I get immigration advice?

If you need help with your application or advice about the UK’s immigration rules and requirements, you should seek advice from a qualified immigration adviser.  In the UK these are immigration advisers regulated by the Office of the Immigration Services Commissioner (OISC– www.oisc.gov.uk) or legally qualified professionals regulated by designated professional bodies.  The Law Societies of England, Wales, Scotland and Northern Ireland and the Insititute of Legal Executives can provide a list of Law Firms who can advise on immigration matters.  Their websites are:

Law Society of England and Wales

Law Society of Scotland

Law Society of Northern Ireland

Institute of Legal Executives

For more advice and information about extending your stay once you are in the UK:

The UK Border Agency
Croydon Public Caller Unit
Lunar House
40 Wellesley Road
Croydon CR9 2BY
Phone: (+44) (0)870 606 7766 (general enquiries)
Phone: (+44) (0)870 241 0645 (application forms)
Email: indpublicenquiries@ind.homeoffice.gsi.gov.uk
Website: www.ukba.homeoffice.gov.uk

For advice on bringing personal belongings and goods into the UK contact:

HM Revenue & Customs
Dorset House
Stamford Street
London SE1 9PY
Phone: (+44) (0)845 010 9000
Website: www.hmrc.gov.uk

Drugs warning
Anyone found smuggling drugs into the UK will face serious penalties. Drug traffickers may try to bribe travellers. If you are travelling to the UK, avoid any involvement with drugs.

False documents
It is better to explain why you do not have a document than to submit a false document with an application. Applicants will be automatically refused and may be banned from coming to the UK for 10 years if they use a false document, lie or withhold relevant information.  They may also be banned if they have breached immigration laws in the UK.

Travellers to the UK who produce a false travel document or passport to the UK immigration authorities for themselves and/or their children are committing an offence. People found guilty of this offence face up to two years in prison or a fine (or both).

Alternative formats
In the UK we also have versions of our guidance notes in Braille, on audio tape and in large print. If you would like any guidance notes in one of these formats, please contact us:

UK Border Agency, Visa Services Directorate
London SW1A 2AH

Further information

 

The official British Government website for visa services

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