Spouse/ Partner/ Fiancé Visa

We are able to assist a spouse, partner, fiancé of a person who is present and settled in the UK. You need a family visa to live with a family member in the UK for more than 6 months.

You can apply for a family visa to live with your:

• Spouse or Partner
• Fiancé, Fiancée, or Proposed Civil Partner

To apply you and your spouse, partner, fiancé need to be eighteen or over. You and your partner, spouse, fiancé must intend to live together permanently in the UK after you apply.

Your partner, spouse, fiancé must meet one of the following criteria:

• Be a British or Irish Citizen
• Have settled in the UK – for example, they have indefinite leave to remain, settled status or proof of permanent residence
• Be from the EU, Switzerland, Norway, Iceland, or Liechtenstein and have pre-settled status – they must have started living in the UK before 1 January 2021
• Have a Turkish Businessperson Visa or Turkish Worker Visa
• Have refugee status or humanitarian protection in the UK

You must be able to prove one of the following:

• You are in a civil partnership or marriage that is recognised in the UK
• You have been living together in a relationship for at least 2 years when applying
• You are a fiancé, fiancée or proposed civil partner and will marry or enter into a civil partnership in the UK within 6 months of arriving

You will also need to prove you:

• Have a good knowledge of English
• Can financially support yourself and your dependants

If you do not meet these requirements, you may still be able to apply for a visa or extend your permission to stay if:

• you have a child in the UK who is a British citizen or has lived in the UK for 7 years and it would be unreasonable for them to leave the UK
• there would be incredibly significant difficulties for you and your partner if you lived together as a couple outside the UK that could not be overcome
• it would breach your human rights to stop you coming to the UK or make you leave

If you are applying as a fiancé, fiancée or proposed civil partner, you must prove that any previous marriages or civil partnerships have ended and that you plan to marry or become civil partners within 6 months of arriving in the UK.  You will receive permission to stay for 6 months if you are applying as a fiancé, fiancée or proposed civil partner.   Thereafter, you may need to apply for an extension of your stay.

Human Rights Applications

Human Rights Act 1998, section 6 provides that UK public bodies have to comply with a person's rights under the ECHR. The most common article raised in the immigration context is art eight, which protects a person's right to a private and family life. Art 8 is not an absolute right, i.e., the UK is able to interfere with it unless such interference would not be proportionate.

Other articles which can be relevant in the context of immigration practice are art 2 (right to life) and art 3 (prohibition on torture and inhuman and degrading treatment).

By their nature, human right applications and other applications outside the Rules are typically not straightforward and contain several complex issues and will require extensive case preparation.  However, the representations which make on behalf of our clients are professionally researched and second to none.  We take the time to ensure that no stone is untouched in our applications.  This reflects our understanding of the seriousness and impact success, or failure will make in the lives of our clients.

How Long you can stay

You can stay in the UK for 2 years and 9 months on this Visa. If you are applying as a fiancé, fiancée or proposed civil partner, you can stay for 6 months.

Before you leave to remain expires as a spouse/partner you can extend your family visa and stay for a further 2 years and 6 months.

After spending 5 years in the UK as a spouse/ partner you will be eligible to apply for indefinite leave to remain in the UK.

How to Apply

If you wish to apply, talk with our team who will advise you on your position and complete the form and collect any necessary documentation from you that will help make the application successful.

Why choose Hallmark Solicitors

Our team collaborates with clients to fill out partner, spouse, and fiancé visa all the time, so we are fully aware of the information and supporting document you need. Our team will collaborate with you to make sure that your application is filled in correctly and that all the correct supporting documents are provided. We will also provide a supporting letter setting out your circumstances in detail to Home Office. This will put the Application in the best position on submission.

To give your application the best chance of success, and to reduce your stress, please contact our solicitors on 01482 616 616 or via our online contact form and we will get back to you.