You must be able to prove one of the following:
- you’re in a civil partnership or marriage that’s recognised in the UK
- you’ve been living together in a relationship for at least 2 years when you apply
- 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 UK Spouse Visa Denied
You also need to prove you:
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 very 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’re applying as a fiancé, fiancée or proposed civil partner
You must prove that:
- any previous marriages or civil partnerships have ended
- you plan to marry or become civil partners within 6 months of arriving in the UK
You will not be able to work during your engagement.
How long you can stay
You’ll get permission to stay for 2.5 years, or for 6 months if you’re applying as a fiancé, fiancée or proposed civil partner.
After this you’ll need to apply to extend your stay.
How to apply
You’ll need to prepare information and documents to provide with your application.
How you apply depends on whether you’re in the UK or not.
Outside the UK
You must apply online from outside the UK.
There’s a different way to apply in North Korea.
In the UK
You must apply online.
If you cannot pay the fee
Fill in the online fee waiver request form as well if you cannot pay the fee because you:
- do not have a place to live and cannot afford one
- have a place to live but cannot afford essential living costs like food or heating
- have a very low income and paying the fee would harm your child’s wellbeing
Get help to apply online
You can get help with completing the online form if you:
- do not feel confident using a computer or mobile device
- do not have internet access
You can only use this service if you’re applying in the UK.
You cannot get immigration advice through this service.
Applying with your children
You can add children to your application as dependants if both of the following apply:
- they are under 18 when you apply, or were under 18 when they were first granted leave
- they do not live an independent life
Your child is living an independent life if, for example, they’ve left home, got married and had children.
When you can settle permanently
The earliest you can apply to settle in the UK (called ‘indefinite leave to remain’) is after you’ve lived in the country for 5 years continuously with permission to stay (‘leave to remain’) as a partner. You cannot count any permission to stay in the UK as a fiancé, fiancée or proposed civil partner.
The rules are different if you applied before 9 July 2012.
If you applied before 9 July 2012
You can only extend your family visa if all the following are true:
- you were given permission to stay in the UK as a partner before 9 July 2012
- you are not eligible to settle
- you have not been granted or refused another visa
You must also prove that: