MOVING TO THE UK

Family Visas

Family Visas

Family visas allow certain family members and dependants of people who already have an immigration status in the UK visa to join them.

Various categories are permitted, including married or civil partners; unmarried partners; and dependent children.

Family Visas

Family visas allow certain family members and dependants of people who already have an immigration status in the UK visa to join them.

Various categories are permitted, including married or civil partners; unmarried partners; and dependent children.

Family of a Settled Person

For family members of British citizens and those with permanent residency or indefinite leave to remain in the UK. Family members covered by this visa include married or civil partners, unmarried partners, children, parents, and dependent adult relatives.

The family of a settled person visa allows an applicant to join a family member in the UK, who is a British citizen, has indefinite leave to remain (ILR) in the UK, or is in the UK under asylum or humanitarian protection laws.

The Family of a Settled Person Visa is usually issued for two and half years for spouses, civil partners, or unmarried partners which can then be extended. In most cases you should be able to obtain a visa extension, and then after 5 years in the UK visa holders can apply for ILR.

Indefinite Leave to Remain

Many UK immigration categories lead, after a period of time, to indefinite leave to remain (“ILR”), also known as “settlement”. In the case of most employment-based categories, the applicant needs to demonstrate five continuous years of time spent in that category. For those married to UK citizens, or other persons already ‘settled’ in the UK, the period has also been increased to five years.

The new ‘Appendix Continuous Residence’ has been introduced. This Appendix clarifies that for settlement applications, applicants must not spend more than 180 days outside the UK in any 12-month period during the relevant qualifying residence period in order to be eligible. It also clarifies certain exceptions to this rule, including a new exception for ‘travel disruption due to pandemic’.

Fiancé Visa

This visa is for a fiancé of United Kingdom citizens and residents with settlement visas that wish to live in the United Kingdom. Fiancés are granted entry to the United Kingdom for a period of six months, during which time they must marry their fiancé. During this time a fiancé will not be permitted to work in the United Kingdom, and the fiancé must show that they are able to support their family for this time. This visa does however allow the holder to “switch” into the marriage category once the wedding has taken place.

Unmarried Partner Visa

This visa is for unmarried partners of United Kingdom citizens and United Kingdom residents that wish to live in the United Kingdom. Those in a permanent heterosexual or same-sex relationship may apply for leave to enter or remain on the basis of their relationship. The change in policy is confined to partners who have been living together for a period of at least two years. Initially a visa will be granted for 3 years, with the option to renew for 2 years. At the end of this time, if the relationship subsists, you can apply for indefinite leave. Unmarried partner visa holders can work without restriction upon entry to the United Kingdom.

Unmarried partners must be able to prove that they have been in a cohabiting relationship for at least 2 years.

Ancestry Visa

Commonwealth nationals who have a grandparent who was born in the UK, the Channel Islands or the Isle of Man may enter the UK for a period of five years on a UK ancestry visa. This ancestry visa will open up the entire job market to you and will not carry the restrictions as a UK work permit. Please note that you will have to prove your relationship, and this may require spending a lot of time hunting for old marriage certificates, birth certificates, etc. See below to find out what documents are needed.

The main criteria are that you are able to support yourself without access to public funds and are willing and able to work. It is advantageous, but not necessary, to have a firm offer of employment in the UK.

After five years continuous stay in the UK on an Ancestry visa you may apply for permanent residency as long as you still meet the requirements for the Ancestry visa and you have spent five years in employment in the UK without a break.

Family of a Settled Person

For family members of British citizens and those with permanent residency or indefinite leave to remain in the UK. Family members covered by this visa include married or civil partners, unmarried partners, children, parents, and dependent adult relatives.

The family of a settled person visa allows an applicant to join a family member in the UK, who is a British citizen, has indefinite leave to remain (ILR) in the UK, or is in the UK under asylum or humanitarian protection laws.

The Family of a Settled Person Visa is usually issued for two and half years for spouses, civil partners, or unmarried partners which can then be extended. In most cases you should be able to obtain a visa extension, and then after 5 years in the UK visa holders can apply for ILR.

Indefinite Leave to Remain

Many UK immigration categories lead, after a period of time, to indefinite leave to remain (“ILR”), also known as “settlement”. In the case of most employment-based categories, the applicant needs to demonstrate five continuous years of time spent in that category. For those married to UK citizens, or other persons already ‘settled’ in the UK, the period has also been increased to five years.

The new ‘Appendix Continuous Residence’ has been introduced. This Appendix clarifies that for settlement applications, applicants must not spend more than 180 days outside the UK in any 12-month period during the relevant qualifying residence period in order to be eligible. It also clarifies certain exceptions to this rule, including a new exception for ‘travel disruption due to pandemic’.

Fiancé Visa

This visa is for a fiancé of United Kingdom citizens and residents with settlement visas that wish to live in the United Kingdom. Fiancés are granted entry to the United Kingdom for a period of six months, during which time they must marry their fiancé. During this time a fiancé will not be permitted to work in the United Kingdom, and the fiancé must show that they are able to support their family for this time. This visa does however allow the holder to “switch” into the marriage category once the wedding has taken place.

Unmarried Partner Visa

This visa is for unmarried partners of United Kingdom citizens and United Kingdom residents that wish to live in the United Kingdom. Those in a permanent heterosexual or same-sex relationship may apply for leave to enter or remain on the basis of their relationship. The change in policy is confined to partners who have been living together for a period of at least two years. Initially a visa will be granted for 3 years, with the option to renew for 2 years. At the end of this time, if the relationship subsists, you can apply for indefinite leave. Unmarried partner visa holders can work without restriction upon entry to the United Kingdom.

Unmarried partners must be able to prove that they have been in a cohabiting relationship for at least 2 years.

Ancestry Visa

Commonwealth nationals who have a grandparent who was born in the UK, the Channel Islands or the Isle of Man may enter the UK for a period of five years on a UK ancestry visa. This ancestry visa will open up the entire job market to you and will not carry the restrictions as a UK work permit. Please note that you will have to prove your relationship, and this may require spending a lot of time hunting for old marriage certificates, birth certificates, etc. See below to find out what documents are needed.

The main criteria are that you are able to support yourself without access to public funds and are willing and able to work. It is advantageous, but not necessary, to have a firm offer of employment in the UK.

After five years continuous stay in the UK on an Ancestry visa you may apply for permanent residency as long as you still meet the requirements for the Ancestry visa and you have spent five years in employment in the UK without a break.