Family Members - Spouses

If you are in the UK and would like to get married to a person present and settled.

Anyone who is married to a person settled in the United Kingdom can apply to live here with that person. There is an age limit, and there are several conditions.

Both the wife or husband who wants to join a spouse (the applicant) and the spouse who is resident in the United Kingdom (the sponsor) must be at least 18. In the case of polygamous marriages only one spouse will generally be allowed to enter.

The general conditions to be met are:

  • that the couple have met before they were married
  • that the marriage is recognised in the UK
  • that the couple intend to live together indefinitely as husband and wife, and
  • they can maintain and accommodate themselves 'without recourse to public funds'.

This means they will not be permitted to claim any social security benefits on behalf of the applicant, and that their housing must be 'adequate'. It will be adequate if they have a legal right to occupy it, if it is considered fit for habitation, and will not be overcrowded. Finally, if the applicant is coming from abroad, he or she will need entry clearance for this purpose. Lawrence Lupin solicitors can advise you on each of these details.

If the marriage took place more than four years before the application, and the couple have been living together abroad in that time, the applicant can be given indefinite leave to enter, and become settled as soon as she or he arrives in the UK. In all other cases the applicant can expect to be given two years permission at first, with the chance to apply for indefinite leave at the end of that time. The couple will need to show that they are still living together, and, usually, have not been relying on welfare benefits.

An applicant whose marriage has ended before the two years are up can still apply for settlement if the reason is either that the UK spouse, the sponsor, has died in the meantime, or that the applicant has had to leave the home because of violence. We can advise you on the kind of evidence you will need to produce in these cases.

If you would like to take advantage of our expert immigration, asylum, or nationality law advice, then contact us now. Lawrence Lupin Solicitors 020 8733 7200