Marriage Visa

If you are the spouse or civil partner of a British Citizen or a person settled in the UK you can apply for a marriage visa to enter and eventually settle in the UK with your partner.

Marriage applications form one of the most common visa applications in the UK but in recent times there have been significant changes to the rules which has meant it has become much harder to succeed in such applications. It is therefore important to fully understand these new rules and identify whether you can meet all the requirements before submitting any application.

You can make a marriage application from outside the UK. An application to ‘switch’ from within the UK can also be made provided you:

• are not a visitor
• do not have permission to stay for less than 6 months (unless in the fiancé category)
• have not been granted temporary admission
• are not in breach of the immigration rules.

For a successful application you must meet all the requirements laid out in Immigration Rules.

Basic factual requirements

The following requirements are basic to any marriage application and can usually be satisfied by the submission of a document e.g. birth certificate, divorce certificate, marriage certificate, degree certificate etc

• You are both 18 years or over
• You and your spouse must have met in person
• Your marriage or civil partnership is recognised by UK law
• You are free to marry
• You meet the English language requirements

Further requirements

These further requirements will require more substantial documentary evidence. The applicant must attempt to convince the UKBA that they satisfy the relevant requirement by presenting various documents.

• You have to evidence that your relationship is genuine and subsisting and
• You and your spouse intend to live together in the UK permanently

Suitability requirements

Applicants will now have to show that they are ‘suitable’ for entry or to remain in the UK in this category and exclusion is not just limited to criminal convictions. Essentially this is a good character test but the potential grounds for refusal are extensive. For example, they include not attending any interviews, not providing a medical examination or not giving information when required to do so, or if you have charges of over £1000 payable to the NHS.

Financial requirements

The UKBA have now introduced a new minimum financial requirement for those applying for entry into the UK in this category. To satisfy the new financial threshold you will have to demonstrate that you have an income of at least £18,600 per annum.

If you have a child who is also subject to the application then you will need to show a minimum income of £22, 400. For every child thereafter you will need to show a further £2,400.

The income can be demonstrated by various means:

• Employment or self employment of sponsor (if applicant outside the UK)
• Applicant’s employment or self employment if in the UK
• Income apart from employment e.g. rent
• Cash savings
• Pensions

There is specific guidance on what documents (and in what format) will be accepted as evidence of the above income.

The new rules can be quite complicated as the sources of income will vary depending on whether you apply from within or outside the UK. Further, the combination of sources of income can also vary.

Westkin are experts in marriage and civil partnership applications and consider each application on its individual merits. The lawyer assigned to your case will be able to advise you on the exact level of financial income you will need to demonstrate in your particular case and what documentary evidence will also need to be submitted. A further comprehensive checklist of documents will be provided to encompass all other requirements as well as detailed representations to accompany the application form.