Family of British Citizens & Settled Persons
Applicants will need to apply under the ‘family of a settled person’ visa if they are from outside the European Economic Area (EEA) or Switzerland and want to join, for 6 months or more, their partner or family member who is living in the UK permanently.
While processing times can vary depending on the post, the normal visa processing time for such applications is 12 weeks.
The ‘family of a settled person’ visa allows the visa holder to work (you can’t work if you’ve got a visa to get married or to become civil partners) or take up study courses.
UK visa applicants can submit from the following various applications to the Home Office (UKVI), being the family member of a person who is a British Citizen, or a person who is present and settled in the UK:
An application as a fiance(e) can be made to the British Embassy/High Commission/Consulate for entry clearance as a fiance(e) to join a person present and settled in the UK and get married in the UK after arriving in the UK as a fiance(e).
If the application is successful, the applicant will be issued with six months leave to enter as a fiance(e) and marriage must be registered in the UK within these six months to apply for further leave to remain in the UK based on marriage. Applicants are not allowed to work at this time.
If an application for entry clearance as a fiance(e) is not successful, the applicant will have a right to appeal against the decision of the Entry Clearance Officer (ECO) to refuse the application and the notice of appeal must be filed within 28 days of the date of receipt of the refusal letter.
The applicant must meet the requirements of the Appendix FM of the Immigration Rules to qualify for fiance(e) visa.
At Irish Expert our Immigration Solicitors are experts in dealing with visa application for fiance(e) visa as a fiance(e) of a person present and settled in the UK. You can contact us if you are seeking legal help from UK immigration solicitors in relation to your application for fiance(e) visa, our immigration solicitors will provide you quick, responsive, dependable and professional immigration advice and assistance.
Proposed civil partner visa
An entry clearance application as a Proposed Civil Partner can be made to the British Diplomatic Post Overseas (British Embassy/High Commission) in order to register a Civil Partnership in the UK with a person present and settled in the UK.
Civil Partner means a civil partnership which exists under or by virtue of the Civil Partnership Act 2004. If the application for entry clearance as a Proposed Civil Partner is successful, the applicant will be granted leave to enter the UK for six months and Civil Partnership must be registered with the Registrar in the UK within these six months. Applicants are not allowed to work during this time.
In the event that the application for entry clearance as a Proposed Civil Partner is refused by the Entry Clearance Officer, there is a right of appeal against the refusal and an Appeal can be filed within 28 days from the date of receipt of the refusal letter.
The applicant will have to meet the requirements of the Appendix FM of the Immigration Rules to qualify for this visa.
Civil Partner visa UK
An applicant who is a civil partner of a British Citizen or of a person who is present and settled in the UK can apply for UK civil partner visa.
In the event that the applicant is residing outside the UK, then an entry clearance application as a civil partner can be submitted to the British High Commission in the country of nationality or country of origin of the applicant. However, if the applicant is already in the UK (with a visa issued for longer than six months) then they can switch into civil partner visa from inside the UK by making FLR (M) application to the Home Office.
At Irish Expert our immigration solicitors have expertise in providing advice and assistance to applicants applying as civil partners of persons who are settled in the UK. You can contact us if you are seeking legal help from UK visa consultants in relation to UK Civil partner visa.
English Language requirement for Civil partner visa UK
The applicant will need to meet the English language requirement by providing specific evidence that he/she:
- is a national of a majority English speaking country; or
- has passed an English language test in speaking and listening at a minimum of level A1 of the Common European Framework of Reference (CEFR) for Languages with a provider approved by UKVI; or
- has an academic qualification recognised by UK NARIC to be equivalent to the standard of a Bachelor’s or Master’s degree or PhD in the UK, which was taught in English; or
- is exempt from the English language requirement because at the date of application:
- the applicant is aged 65 or over;
- the applicant has a disability (physical or mental condition) which prevents the applicant from meeting the requirement; or
- there are exceptional circumstances which prevent the applicant from being able to meet the requirement prior to entry to the UK.
Financial requirement Civil partner visa UK
The sponsor (British citizen or settled person) must meet the financial requirement. The applicant must provide evidence that the sponsor’s gross annual income is at least £18,600, this requirement increases if there are children who are non EEA nationals, in such a scenario the sponsor will have to show an additional income of £3,800 for the first child; and an additional £2,400 for additional child.
The sponsor and/or the applicant can also use savings and investment to meet this requirement. This can be on its own or in a combination. To understand if you meet the financial eligibility requirement you can contact our UK immigration lawyers who will be able to advise you on how to meet financial requirements for your UK spouse visa application.
Adult Dependent Relative Visa
UK Immigration rules allow applicants to enter the UK if they are coming to the UK to be cared for. The applicants need to demonstrate that they are dependent on a:
- son or daughter
Who is living permanently in the UK.
In addition, the applicants would be required to prove that:
- they are aged 18 or over
- they need long-term care to do everyday personal and household tasks because of illness, disability or age
- the care required by the applicant is not available or affordable in their country of residence
- the person (sponsor) whom they would be joining in the UK will be able to support, accommodate and care for the applicant without recourse to public funds for at least 5 years
Meeting the English language requirement
Applicants applying for entry clearance as adult dependent relatives would be required to meet the English Language requirement; however the applicants are exempted from proving knowledge of English if the applicant is:
- aged 65 or over
- unable to because of a long-term physical or mental condition
- able to show that there are exceptional circumstances which prevent them from meeting the requirement
Parent of British child in UK
If you would like to come to the UK to look after your child, the following requirements would need to be met:
- the child must be under 18
- be a British citizen or settled in UK
- living in the UK
The applicant would be required to prove that either:
- they are the only parent of the child and are the only person who’s responsible for them (i.e. have ‘sole responsibility’)
- the child lives permanently with another parent or carer who’s British or settled in the UK and not the applicant’s partner, and you want to help raise them (you’ll need to prove you have access to your child in person, either agreed with the other parent or carer, or by a court order)
Also, the applicant needs to provide evidence that:
- they are taking an active role in the child’s upbringing
- be able to support and accommodate themselves without claiming public funds
If you would like to ascertain your eligibility for this category we would advise you to book an appointment with our UK Immigration Solicitors on +91 9633 746454 to discuss the merits of your case.
It’s best to seek professional advice before you proceed to save unnecessary loss of time and expense. You can contact us if you are seeking legal help from UK immigration Solicitors to apply for Fiance visa, entry clearance as parent of British child or for for Adult dependent relative visa.