Disclaimer: This blog provides general immigration information, not legal advice. Laws and policies change frequently, and individual circumstances vary. Always do your own research and consider speaking with an accredited immigration lawyer before making any decisions. I am not affiliated with any government agency and am not responsible for outcomes based on this information. Official guidance on immigrating can be found on the UK Home Office website.
If you are hoping to immigrate to the UK by marrying or entering a civil partnership with a British citizen (or you are already married/partnered), you will need to apply for a Family Visa. I will go over the most common circumstances for eligibility.
Eligibility Requirements for a Family Visa (you must meet all of these to apply):
– you and your partner must be over 18 years old.
– your partner must be a British or Irish citizen, or have permanent settlement status (such as Indefinite Leave to Remain).
– you must intend to live together permanently in the UK.
The UK Home Office will require a substantial amount of proof of the validity of your relationship as a part of this application process.
You will need to prove one of the following:
1) you’re in a marriage or civil partnership recognised in the UK.
2) you’ve been living together in a relationship for at least 2 years.
3) you are a fiancé, fiancée, or proposed civil partner and will marry or enter into civil partnership within 6 months of arriving in the UK.
4) you’ve been in a relationship for at least 2 years but not living together (either by location circumstances or personal beliefs).
You’ll also need to prove:
– you have good knowledge of English.
– you meet financial requirements.
– that your relationship is valid (evidence that is less than 4 years old, such as bank statements, tenancy agreements, shared expenses, marriage/civil partnership certificates, government documents etc).
– you meet the minimum income requirement (usually at least £29,000 a year). There are some exceptions if your partner is disabled and/or a carer.
Application Details:
– If you apply for a Family Visa and are successful, you can stay in the UK for 2 years and 9 months (unless you applied as a fiancé, fiancée or proposed civil partner, then its 6 months). There are options after this to extend your visa or switch your visa.
– If you are legally already in the UK when you apply, you should get a decision within 8 weeks (though you might be able to pay £1,000 more to get a faster decision). The application currently costs £1,258.
– If you are applying outside the UK, you should get a decision within 12 weeks (again, may be able to pay more to find out sooner). The application currently costs £1,846.
– You can add children (dependents) to your application if they are under 18 years old. Each added dependent will cost either £1,258 or £1,848 depending on if you are applying inside or outside of the UK respectively.
– You will also need to pay the Immigration Health Surcharge (IHS). For a 2 year and 9 month visa, the IHS currently costs £3,105. This is paid in full at time of application. For each child added to your application, you will have to pay an additional IHS (currently £2,328 per child for a 2 year and 9 month visa).
Is this process pricey and complex? Sure. But this also seems to be the most common route for Americans to achieve eventual settled status in the UK. I’ve known several Americans who came to the UK for university, met a British partner, and then pursued this process. Often, it means the American partner will have to return to the US for an extended period (months to years) before they have the legal right to move back to the UK as a civil partner or spouse. It is not easy, but it is possible!
