Since 1 February 2005, people who are subject to Immigration control in the United Kingdom and wish to marry in the UK will need to follow new procedures which are:

• Be the holder of entry clearance as a fiancé/e or marriage visitor; or
• Be the holder of a Home Office certificate of approval to marry.

Those people who are subject to immigration control will, in addition, be required to give notice of intention to marry at one of a number of designated register offices throughout the UK.

To qualify for the certificate of approval to marry from the Home Office, you must have been granted leave to enter or leave to remain in the UK for more than 6 months from the date that you entered the U.K. and must have at least three months remaining on that leave.

Once granted, the certificate of approval is valid:

• For three months from the date of issued; or
• To the date when your leave to enter/remain expires, if this is less

You must during this period give notice of your intention to marry to a registrar at a designated register office.

Marriage to a person present and settled in the United Kingdom (British Citizen, person with the right of abode or person holding Indefinite Leave to Remain)

Spouses of persons present and settled in the United Kingdom may apply to remain in the UK under the marriage visa category providing the requirements of obtaining a certificate of approval to marry have been followed. If overseas they can also come to the UK under marriage visa category. Spouse visa applicants are able to work in the UK as soon as a visa is granted. You will need to meet the following marriage visa requirements:

• The applicant and spouse have met; and
• The applicant and spouse intend to live permanently with each other; and
• There will be suitable accommodation for the applicant and spouse (and any dependants if applicable) without the need for assistance from public funds

A marriage visa is granted for a probationary period of two years (unless you have been living together overseas for more than four years, where it is possible to apply for Indefinite Leave to Enter the UK). If you are still married and living together at the end of two years in the UK Indefinite Leave to Remain in the UK will usually be granted on application.

Contact Ambler Collins for a free assessment of your eligibility to apply. Contact us at info@amblercollins.com or phone +44 (0)2073710213

Unmarried Partners

The Unmarried Partner, sometimes referred to as a De Facto visa is a UK visa that allows a person present and settled in the UK to bring their unmarried partner to live with them in the UK. To meet the requirements of an unmarried partner visa, you must have been living in a relationship akin to marriage for at least two years and be able to provide adequate documentary evidence to support this. The relationship may be a heterosexual or same sex.

Unmarried Partner or same sex partner of someone who is present and settled in the UK (no time limit on their stay)

• The applicant is the unmarried partner or same sex partner must have been living together for a minimum of 2 years; and
• Any previous marriage, relationship or civil partnership by either party has broken down; and
• The parties (and any dependants) have suitable accommodation and means of maintaining themselves in the UK without taking any public funds; and
• The parties intend to live together permanently.

It is essential to the application that you provide evidence to demonstrate the history of the relationship in addition to common elements found in a marital relationship.

The visa is issued for 2 years where the UK resident is present and settled in the UK or given for the duration of the current residence permit where the UK resident has a time limit on their stay.

If you are still in a genuine relationship and living together at the end of two years in the UK Indefinite Leave to Remain in the UK will usually be granted on application.

Please note that Entry Clearance is mandatory if you are seeking entry to the UK as the unmarried partner of a person who is in the UK in a temporary category (i.e. ancestry holder, work permit holder).

Contact Ambler Collins for a free assessment of your eligibility to apply. Contact us at info@amblercollins.com or phone +44 (0)20 7371 0213

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