Can I live in the United Kingdom? for Partners,Children,Relatives,Returning residents

[LadyJ]

This information tells you about

*Partners and Children
*Relatives and
*Returning residents


Partners and Children

Can my husband, wife or civil partner come to live in the United Kingdom?

This page explains how your husband, wife or civil partner can join you in the United Kingdom if you are permanent resident in this country.

Your husband, wife or civil partner may come with you to the United Kingdom, or join you here, if you are aged 18 or over and you:

>currently live in the United Kingdom and are settled here; or
>are returning to the United Kingdom with him/her to live here
permanently.

He/she must show that:

>you are legally married to each other or have registered a civil
partnership;
>you are going to live together permanently as man and wife, or
as civil partners;
>you have met each other;
>you can support yourselves and any dependants without help
from public funds;
>you have adequate accommodation where you and your
dependants can live without help from public funds (see Rights
and responsibilities for more information on what this
means); and
>he/she is aged 18 or over.

If you have more than one husband or wife, only one of them will be allowed to join you here as your husband or wife.

Your husband, wife or civil partner must obtain permission to enter the United Kingdom before travelling here. We call this permission (entry clearance). It will be in the form of a visa or entry clearance certificate. To obtain it, he/she should apply to the British diplomatic post in the country where he/she lives. For information about visas, see the UKvisas.gov.uk website.

When your husband, wife or civil partner arrives in the United Kingdom, he/she will be given permission to live and work here for two years. Near the end of the two years, if you are still married or in a civil partnership and plan to live together, your husband, wife or civil partner may apply to live here permanently. See Settlement for details of how to apply for permanent residence.

In some cases, we can give your husband, wife or civil partner permission to live permanently in the United Kingdom as soon as he/she arrives. To qualify for this, you must:

>have married or formed a civil partnership four years ago;
>have spent that four years living together outside the United
Kingdom; and
>now be returning to the United Kingdom to settle here together.



Can my fiance, fiancee or proposed civil partner live in the United Kingdom?

This page explains how your fiance, fiancee or proposed civil partner can join you in the United Kingdom if you are permanent resident in this country.

Your fiance, fiancee or proposed civil partner may come with you to the United Kingdom, or join you here, if you are aged 18 or over and you:

>currently live in the United Kingdom and are settled here; or
>are returning to the United Kingdom with him/her to live here permanently.

He/she must show that:

>you plan to marry or register a civil partnership within a reasonable time (usually six months);
>you plan to live together permanently after you are married or have registered a civil partnership;
>you have met each other;
>until you are married or have registered a civil partnership, there is somewhere for him/her and any dependants to live without help from public funds (see Rights and responsibilities for more information on what this means); and
>he/she and any dependants can be supported without working or having to get help from public funds.

Your fiance, fiancee or proposed civil partner must obtain permission to enter the United Kingdom before travelling here, even if he/she is a national of a country where there is normally no need for a visa to enter the United Kingdom. We call this permission (entry clearance). It will be in the form of a visa or entry clearance certificate. To obtain it, he/she should apply to the British diplomatic post in the country where he/she lives.

Your fiance, fiancee or proposed civil partner may need to apply for a certificate of approval of marriage from the Home Office and give notice to a registrar of your intention to marry or register your civil partnership. (See What is a certificate of approval?)

When your fiance, fiancee or proposed civil partner arrives in the United Kingdom, we will give him/her permission to stay here for six months, but he/she must not work.

After you have married or registered your civil partnership, you husband, wife or civil partner may apply to stay here. If we approve the application, we will give your husband, wife or civil partner permission to live and work here for two years.

Near the end of the two years, if you are still married or in a civil partnership and plan to live together, your husband, wife or civil partner may apply to live here permanently. See settlement for details of how to apply for permanent residence.



Can my unmarried or same sex partner come to live in the United Kingdom?

This page explains how your unmarried or same-sex partner can join you in the United Kingdom if you are permanent resident in this country.

Your unmarried or same-sex partner may come with you to the United Kingdom, or join you here, if you:

>currently live in the United Kingdom and are settled here; or
>are returning to the United Kingdom with him/her to live here permanently.

The relationship may be a heterosexual or same-sex relationship, but you must not be related by blood.

You must both be able to show that:

>any previous marriage or civil partnership that either of you was in has permanently broken down;
>you have both been living together as if you were married (or in a civil partnership) for at least two years;
>you both plan to live together permanently;
>you both have enough money to support and adequately accommodate yourselves and any dependants without help from public funds (see Rights and responsibilities for more information on what this means); and
>you and your partner are aged 18 or over.

Your unmarried or same-sex partner must obtain permission to enter the United Kingdom before travelling here. We call this permission 'entry clearance'. It will be in the form of a visa or entry clearance certificate. To obtain it, he/she should apply to the British diplomatic post in the country where he/she lives. For information about visas, see the UKvisas website.

If you have followed the procedures correctly, when your unmarried or same-sex partner arrives in the United Kingdom, he/she will be given permission to live and work here for two years. Near the end of the two years, if you are still in the relationship and both plan to live together permanently, your unmarried or same-sex partner may apply to live here permanently. See Settlement for details of how to apply for permanent residence.

In some cases, we can give your unmarried or same-sex partner permission to live permanently in the United Kingdom as soon as he/she arrives. To qualify for this, you must:

>have been living together for at least four years as if you were married or in a civil partnership;
>have spent that four years outside the United Kingdom; and
>now be returning to the United Kingdom to settle here together.



Can my child join me if I am a permanent resident of the United Kingdom?

This page explains how your child or children can join you in the United Kingdom if you are a permanent resident here or you have been given permission to come to the United Kingdom to live here permanently (we call this 'indefinite leave to remain').

For specific information about the rules for adopted children, see Can my adopted child come to live in the United Kingdom? For information about how a child can join a parent who has been given temporary permission to live in the United Kingdom (known as 'limited leave to remain'), see Can my child join me if I have temporary permission to live in the United Kingdom?

You may bring your child to the United Kingdom if you can show that:

>you currently live and are settled in the United Kingdom legally, or have permission to come here to settle, with no time limit on your stay;
>you have adequate accommodation where you can all live without help from public funds (see Rights and responsibilities for more information on what this means); and
>you are the child's parent - this includes the stepfather or stepmother of a child whose father or mother is dead, both the father and mother of an illegitimate child, and an adoptive parent in certain defined circumstances (see Can my adopted child come to live in the United Kingdom?)

Your child must show that he/she:

>is not leading an independent life;
>is not married or in a civil partnership;
>has not formed an independent family unit; and
>is aged under 18.

Children cannot normally come to live in the United Kingdom if one parent is living in another country, unless the parent living in the United Kingdom has sole responsibility for the child or there are serious reasons why the child must be allowed to come here.

Your child must obtain permission to enter the United Kingdom before travelling here. We call this permission 'entry clearance'. It will be in the form of a visa or entry clearance certificate. To obtain it, he/she should apply to the British diplomatic post in the country where he/she lives. For information about visas, see the UKvisas website.

The child will normally be allowed to stay in the United Kingdom permanently from the date he/she arrives if:

>both you and the child's other parent are settled here; or
>both you and the child's other parent have permission to settle here permanently and you are entering the country together with the child; or
>you have permission to settle here permanently and you are entering the country together with the child, and the other parent is already settled here; or
>you have sole responsibility for the child.



Can my child join me if I have temporary permission to live in the United Kingdom?

This page explains how your child or children can join you in the United Kingdom if you have temporary permission to live here (we call this limited leave to remain).

For specific information about the rules for adopted children, see Can my adopted child come to live in the United Kingdom? For information about how a child can join a parent who is a permanent resident here or a parent who has permission to come to live here permanently (we call this indefinite leave to remain), see Can my child join me if I am a permanent resident of the United Kingdom?

Children cannot normally come to live in the United Kingdom if one parent is living in another country, unless the parent living in the United Kingdom has sole responsibility for the child or there are serious reasons why the child must be allowed to come here.

You may bring your child to the United Kingdom if you can show that:

>you have permission to come to the United Kingdom to live here temporarily (we call this limited leave to enter or remain) and:
>the child's other parent is settled in the United Kingdom or has permission to live here and is entering the United Kingdom with the child to settle here; or
>you have sole responsibility for the child; and
>you have adequate accommodation where you can all live without help from public funds (see Rights and responsibilities for more information on what this means); and
>you are the child's parent - this includes the stepfather or stepmother of a child whose father or mother is dead, both the father and mother of an illegitimate child, and an adoptive parent in certain defined circumstances - see Can my adopted child come to live in the United Kingdom?

Your child must show that he/she:

>is not leading an independent life;
>is not married or in a civil partnership;
>has not formed an independent family unit; and
>is aged under 18.

Your child must obtain permission to enter the United Kingdom before travelling here. We call this permission (entry clearance). It will be in the form of a visa or entry clearance certificate. To obtain it, he/she should apply to the British diplomatic post in the country where he/she lives. For information about visas, see the UKvisas website.

If the child comes here with a parent who has permission to live here temporarily, the child will normally be given permission to stay in the United Kingdom for the same length of time as that parent. This will not be more than two years, or not more than six months if the child is entering the country with a parent who is coming here as a fiance, fiancee or proposed civil partner. If that parent subsequently extends his/her permission to stay or is allowed to stay here permanently, the child will normally be given the same permission



Can my adopted child come to live in the United Kingdom?

This page explains the additional requirements an adopted child must meet in order to join you in the United Kingdom.

You should also read Can my child join me if I am a permanent resident of the United Kingdom? or Can my child join me if I have temporary permission to live in the United Kingdom? for information on the rules that apply to all children wishing to join a parent in the United Kingdom. The requirements below are additional to those rules and apply only to children who are adopted.

You may bring your adopted child to the United Kingdom if you, or your child, can show that he/she:

>was adopted when both parents lived together abroad or when either parent was settled in the United Kingdom;
>has the same rights as any other child of the adoptive parents;
>was adopted because his/her original parents could not care for him/her and there has been a genuine transfer of parental responsibility;
>has broken all ties with his/her original family; and
>was not adopted just to make it easier to enter the United Kingdom.

your child must obtain permission to enter the United Kingdom before travelling here. We call this permission 'entry clearance'. It will be in the form of a visa or entry clearance certificate. To obtain it, he/she should apply to the British diplomatic post in the country where he/she lives. For information about visas, see the UKvisas website.

A foreign adoption order will only be recognised in the United Kingdom if it was made in what we call a 'designated country'. This means a country that is included in the Adoption (Designation of Overseas Adoptions) Order 1973. The current list of these countries can be found on the website of the Department for Children, Schools and Families.

If your child was adopted in a designated country, he/she will normally be given permission to stay in the United Kingdom permanently if:

>both you and the child's other parent are settled here; or
>both you and the child's other parent have permission to settle here permanently and you are entering the country together with the child; or
>you have permission to settle here permanently and you are entering the country together with the child, and the other parent is already settled here; or
>you have sole responsibility for the child.

If your child was adopted in a designated country and is coming to the United Kingdom with a parent who has permission to stay here temporarily (we call this 'limited leave to remain') he/she will be allowed to stay for up to 12 months.

If the adoption order was made in a country that is not designated, the child can apply to come to the United Kingdom to be adopted through the courts here. In this case, the child will be allowed to stay here for up to two years.

Your child will only become a British citizen automatically if you adopted him/her through the United Kingdom courts and at least one of the adoptive parents was a British citizen when the adoption order was made.

Intercountry adoption
If your child is coming to the United Kingdom so that he/she can be adopted by you here under the Hague Convention on intercountry adoption, he/she must:

>be joining one or two prospective parents who are both habitually resident in the United Kingdom and are able to support and house the child in accommodation of which they are the sole occupiers without help from public funds (see Rights and responsibilities for more information on what this means);
>be the subject of an agreement made under the Hague Convention; and
have been entrusted to the prospective parents by the authorities of the country from which he/she is coming; and
>be under the age of 18.

This is just a brief guide to the immigration rules on intercountry adoption. You must also meet other requirements before you will be allowed to adopt a child from another country. You can find more information on adoption laws and procedures on the website of the Department for Children, Schools and Families. You should also read our more detailed guidance Intercountry adoption and the immigration rule.



Relatives

If you are outside the United Kingdom, you may need a visa before you travel. Find out at the UK visas website.

This page explains which relatives can apply to join you in the United Kingdom if you are a permanent resident here. This does not include husbands, wives, civil partners and children under 18 (see Partners and children for information about those categories).

If you are a permanent resident of the United Kingdom, the following relatives can apply to join you here:

>widowed mothers and widowed fathers aged 65 or over; and
>parents or grandparents who are travelling together, if one of them is aged 65 or over.

In certain circumstances, the following relatives may be allowed to join you here:

>sons, daughters, sisters, brothers, uncles and aunts over the age of 18; and
>parents and grandparents under the age of 65.

To qualify to have your relatives join you in the United Kingdom, you must currently live in the United Kingdom and be settled here with no time limit on your stay. Your relative must show that:

>he/she is completely, or mainly, financially dependent on you;
>he/she does not have any other close relatives in his/her own country who can support him/her financially; and
>you have enough money to support and accommodate him/her without help from public funds (see Rights and responsibilities for more information on what this means).

If there are exceptional compassionate circumstances, children over 18, sisters, brothers, aunts, uncles and parents and grandparents under the age of 65 who live alone may come if they meet the requirements given above.

Your relative must obtain permission to enter the United Kingdom before travelling here. We call this permission 'entry clearance'. It will be in the form of a visa or entry clearance certificate. To obtain it, he/she should apply to the British diplomatic post in the country where he/she lives. For information about visas, see the UKvisas website.



Returning residents

This page explains whether you can return to live in the United Kingdom if you had previously been allowed to stay here permanently but decided to leave.

A resident is someone who has been given permission to stay in the United Kingdom without time limit. A returning resident is one who left the United Kingdom and wants to come back to live here again.

If you were settled in the United Kingdom when you last left, you have not been away for more than two years, and are returning to live here permanently, you may return as a resident unless you were given public funds to pay the costs of leaving the United Kingdom.

If you have been away for more than two years, you may still qualify to return to live in the United Kingdom if, for example, you have strong family ties here or have lived here most of your life.

If you have been away for more than two years, you must apply for permission to return, known as entry clearance. You should do this at the British diplomatic post in the country where you live now. The entry clearance will be in the form of a visa or entry clearance certificate. For information about visas, see the UKvisas website.

If the stamp that originally gave you permission to stay permanently in the United Kingdom (known as 'indefinite leave to remain') is in an old passport, you should carry both your old passport and your new passport when you travel here, as evidence of your settled status. If you cannot produce your original stamp, you may not be allowed to enter the United Kingdom.

You do not need to have your stamp transferred to your new passport (provided you also carry your old passport) but you can do this if you wish.

The transfer cannot be done at passport control when you enter the United Kingdom. If you can prove that you are entitled to return to settle here, the immigration officer at your port of entry will put an open date stamp in your new passport. You must then apply to the Border and Immigration Agency for a residence permit to be placed in your new passport. See Transfer your visa to a new passport for details of how to do this.


*If you are outside the United Kingdom, you may need a visa before you travel. Find out at the UKvisas.gov.uk website.
*If this page does not answer all your questions, go to http://www.bia.homeoffice.gov.uk/contact/

[rutchzzz143]

both parties for applying spousal and fiancee visa was changed into 21 up higher to apply instead of 18 manimum before.....is it right...............last nov 2008 its was updtaed into new rules...................

[Jay&Zobel]

both parties for applying spousal and fiancee visa was changed into 21 up higher to apply instead of 18 manimum before.....is it right...............last nov 2008 its was updtaed into new rules...................

Yes you are right!

LadyJ posted this thread on 5th February 2008 at 10:18

[keithAngel]

There is a prize for the first hetro couple UK/Phils who get a settlement visa "without" geting married

[LadyJ]

Yeap Immigration rules changed every month so maybe our Mods or boss could delete or update this thread.

[LadyJ]

Just an update to this thread.

Members who are looking for the above information please see "Partners and other family members" in the Home Office website http://www.ind.homeoffice.gov.uk/partnersandfamilies/

[mcpol]

iam student here and having 2yrs visa,my husband is in saudi working as an engineer i have a son who is 7 yrs old who is in the phil right now,my concern is if it easy to get my family here as my dependent,what are the things i should do.my visa will be expire on dec 2011.tnx!

[RickyR]

A useful document for reference

http://www.ukba.homeoffice.gov.uk/si...df?view=Binary

[bazsasagim]

hi everybody my name is sasa and i am new in this forum, the reason why i joined this forum is that i direly need some wisdom from you guys regarding some of my problems
first is this:
i have a boyfriend which is from Wales and now we are planning to get married next year and he wants me to have a british passport, how can we possibly do that?
also i have a son which is two years old and he wanted to adopt him so that he too can get a british passport, if anybody here which had the almost same situation where i am now please givee me your expert advice on these, thank you...

[joebloggs]

to get a british passport you would need to be married at least 3yrs to him and be living in the uk.

your son can be registered as british when you apply for citizenship..

[bazsasagim]

we paln to get married here in the philippines sometime next year and plans to be married in the uk as well, if we are married here would it be easier for us to go to the uk???

[aryM]

My kids and I has been to UK just recently for a visit that was sponsored by my fiance. We are now planning to get married. My fiance will be visiting here again but would want us to travel with him back to UK. Which one is most advisable? getting married here and apply for a spouse visa with my 2 kids as dependant? or go for fiancee visa with my 2 kids so that we can travel together with my fiance when he return to UK?

[maristela]

There is a prize for the first hetro couple UK/Phils who get a settlement visa "without" geting married

hello.i just want to ask what do you mean by this? are you saying theres really a slim chance of visa approval when applying for a settlement visa without getting married yet? because my fiance asked me to fill up a settlement visa form....for me to get there...and once i get the England,thats the time we get married.please enlighten me regarding this matter.thank you so much in advance.GOD BLESS

[joebloggs]

no hes not talking about a fiancée visa, nearly everyone who sends the evidence your asked to (bank statements, savings, evidence of accommodation, job) will get their visa.

hes talking about an un-married partner visa which is probably the hardest of visas to get.

so no need for you to worry

[James Hubbard]

If you have more than one husband or wife, only one of them will be allowed to join you here as your husband or wife.

I just wanted to add that this particular bit of guidance made me giggle a bit!!!!!!!!!!


On a more serious tone, the opening post, and what Joe Bloggs has said has made me feel much happier in my situation, as I am on tenterhooks! The paperwork for the visa has been processed but we don't know the outcome ... yet lol!

Why don't VFS just process the visa and send it back ... instead of sending a text message, and having 2 grown adults worrying like nut-cases about whether they will get their visa or not

[maristela]

hi.i just lodged my application at vfs this morning...got a text message and an email around 8pm.....phew!!!!!

[maristela]

I just wanted to add that this particular bit of guidance made me giggle a bit!!!!!!!!!!


On a more serious tone, the opening post, and what Joe Bloggs has said has made me feel much happier in my situation, as I am on tenterhooks! The paperwork for the visa has been processed but we don't know the outcome ... yet lol!

Why don't VFS just process the visa and send it back ... instead of sending a text message, and having 2 grown adults worrying like nut-cases about whether they will get their visa or not

yes you are right!!!Im also worried sick about the visa submission at vfs global yesterday morning then got a text message from them telling me that my visa application has been dispatched to the British Embassy for processing.phew!!!!! Im just thinking will the approval be also sent thru text?! hahaha...now,the more its making me and my LV crazier than
ever!!!!!!

[redmir]

Hello everybody, im intersting in same tips, actually for now im trying to know if my italian fiancee could invite me to uk since she work and live there? i am a forigen legally in italy,

but does she need a permanent residence even shes a european citizen?
Should she rent a home for us to lvie before i apply for the visa fiance?
Or just we say shes share apartment with persons, we plan if i get visa we rent our flat to stay!? or should i book a hotel ?

please i need to know what i have to do and what is much better to make this work out!
Best regards
Sam

[andrew12345678]

HI Everyone, I appreciate if someone could help me with this mateer and what shall i Do..
The question is that I have been married for 26 years and have 5 kids. I live in hongkong and my wife and 3 kids are living in the Philipine due to my kids are studying in college there. I have 2 kids who have finish theire studied and now working in Hongkong. . I myself I got a GBR passport in 2004 and my my certificate i got in 2002 from home office from uk which was send o British consulate in hongkong where I got my passport from. My family and kids are holding Philippine passport it there any way my 2 kids who are living in hongkong and are single now planning to go to uk it there a way they can get a British passport because of me if yes, may I know how.

I would appreicte If some ome could guide me on what and how to get a British passport for my kids. Thanks


Best Regards,

Andrew

[The Wurzel]

no hes not talking about a fiancée visa, nearly everyone who sends the evidence your asked to (bank statements, savings, evidence of accommodation, job) will get their visa.

hes talking about an un-married partner visa which is probably the hardest of visas to get.

so no need for you to worry

is it really that impossible to get visa if unmarried these days

[joebloggs]

is it really that impossible to get visa if unmarried these days

no it's not impossible a couple of people on here have recently. it's probably the most difficult to get because you need at least 2yrs of evidence you've lived together, for some people who have lived together they can't prove it because they didn't realize that they would need to start getting bills etc in joint names when they first started living together..

[The Wurzel]

Ok my heart is beating again..........The proof is no concern we feel we got those bases covered as I deliberatly got all our rental agreements for last three years in both names more for my own security if anything bad happened. We got witnesses and letters and I had my occupation in Manila for last three years with some bills in my name and some in hers but all at same address......She was my official next of kin also for all jobs and also we have had three years of joint bank accounts....

You had me worried with that statement cos its only 10 days till we apply.

English test passed now just waiting for payday

[jazz23]

Can you advise where on the forum are the posts of those who have got an unmarried visa? I am struggling to find much information.

[joebloggs]

Can you advise where on the forum are the posts of those who have got an unmarried visa? I am struggling to find much information.

a few people have, have you lived together for 2yrs ?

[Stevi]

Hi? What if we lived only for one year and 9 months? In one roof but we have proof that the only reason why it was discontinued was for the reason that my partner needed to work over sea but got proof I did travel wherever he go stayed with him in hotels and when I did submit my papers we were into 2 years and 7 months of being together will the 3 months of not living in one roof affect our visa?