Partner visa

You must show that:

• you and your partner are both aged 18 or over at the date of application;
• your partner is not related to you in a way that means you could not marry in UK law;
• you and your partner have met in person;
• your relationship with your partner is genuine and subsisting;
• if you are married or in a civil partnership, your marriage or civil partnership is valid in UK law;
• you meet the suitability requirements;
• any previous relationship has permanently broken down (this does not apply to certain polygamous relationships);
• you and your partner intend to live together permanently in the UK;
• you meet the financial requirement;
• you meet the English language requirement; and
• if you are in the UK and want to extend your leave or apply for settlement in the UK you will need to meet the suitability requirement.

Several very important changes came into effect on 9 July 2012 Which affect this visa type:-
The changes include:

• introducing a minimum income threshold of £18,600 for sponsoring the settlement in the UK of a spouse or partner, or fiancé(e) or proposed civil partner of non-European Economic Area (EEA) nationality, with a higher threshold for any children also sponsored; £22,400 for one child and an additional £2,400 for each further child;
• publishing, in casework guidance, a list of factors associated with genuine and non-genuine relationships, to help UK Border Agency caseworkers to focus on these issues;
• extending the minimum probationary period for settlement for non-EEA spouses and partners from two years to five years, to test the genuineness of the relationship;
• abolishing immediate settlement for the migrant spouses and partner where a couple have been living together overseas for at least 4 years, and requiring them to complete a 5 year probationary period;

Bereaved Partner

If you have been given temporary permission to remain in the UK as the partner of a British citizen or person settled here, and your partner has died, you can apply for Indefinite Leave to Remain as a bereaved partner.

Domestic Violence

You may be eligible for Indefinite Leave to Remain as a dependent spouse/partner if:"

• you were given permission to come to the UK for up to 27 months or to extend your stay for two years as the husband, wife, civil partner, unmarried partner or same-sex partner of a permanent resident ( even if that permission is no longer valid) ; and
• you were still in that relationship at the time when you came to the UK or extended your stay as their husband, wife, civil partner, unmarried partner or same-sex partner; and
• you can produce evidence that the relationship has broken down permanently since then as a result of domestic violence.

Unmarried or same sex partner:

You may be able to apply to remain in the UK if:
• you and your partner are both aged 18 or over at the date of application;
• your partner is not related to you in a way that means you could not marry in UK law;
• you and your partner have met in person;
• your relationship with your partner is genuine and subsisting;
• that you have been together for two years;
• you meet the suitability requirements;
• you and your partner intend to live together permanently in the UK;
• you meet the financial requirement;
• you meet the English language requirement.

The above summary constitutes a very brief overview of the relevant details under UK Immigration Law. Please contact Beder-Harrison & Co to obtain comprehensive, clear and concise professional advice relevant to your circumstances.