If you are currently living and are settled in the United Kingdom or are returning to the United Kingdom to settle in the United Kingdom, your husband or wife can apply to come here. The same also applies to
civil partners.
To be admitted to the United Kingdom your husband or wife
- must apply for entry clearance (see our do I need a visa? page) before they travel to the United Kingdom
- must show that you are legally married
- must demonstrate that you have met, intend to live together permanently, can support yourselves and any dependants without using public funds, (NB this means that no additional public funds must be necessary for the support of the applicant who is coming into or applying to remain in the United Kingdom)
- must show that you will have adequate accommodation.
- must show that husband and wife are both aged 18 or over.
Your husband or wife will initially be granted permission to remain in the United Kingdom for 24 months. During that time they will be able to work and travel outside the United Kingdom. After the 24 months your spouse will be able to apply to settle in the United Kingdom. The conditions set out above must still be fulfilled and the application in this case is made to the Home Office.
If you have been living together outside the United Kingdom, have been married to your spouse for at least four years and are entitled to settle or have the right of abode in the United Kingdom, your husband or wife may be granted indefinite leave immediately (rather than for a 24 month probationary period).
If your spouse is legally in the United Kingdom and has been granted leave to enter or remain for a period of over 6 months, s/he can make an application directly to the Home Office for further leave to remain.
On 1 February 2005 new rules were enacted for those who are subject to immigration controls and intend to marry in the UK. These include obtaining a Home Office Certificate of Approval to marry, and giving notice at a designated register office. Full details are on the
Immigration and Nationality Directorate web site.
If you want your child to come to the United Kingdom both parents must show that they live and are settled in the United Kingdom. You will need to show that you have adequate accommodation for all your dependants and you will not need to rely on public funds. You will also need to show that you are the child's parents.
If you are a lone parent the same rules as above will still apply. If, however, your child is making an application to join you in the United Kingdom and the other parent is still alive, there are other complicated rules which must be satisfied. We would strongly recommend that you seek professional legal advice in such cases.
The child must be under the age of 18 and not be married or leading an independent life. The child must get entry clearance to come to the United Kingdom (see our do I need a visa? page). Your child will normally be allowed to stay permanently.
It may be that you do not need to be settled to bring your spouse, children or other relatives to the United Kingdom as other categories of immigration status also allow people to be accompanied by members of their family. Please contact us for further advice.
What are public funds?
Public funds include:
- Income support and income-based jobseeker's allowance
- Housing and homelessness assistance
- Housing benefit and council tax benefit
- Working tax credit
- A social fund payment
- Child benefit
- Any disability allowance.
For full details see Paragraph 6 of the
Immigration Rules on the Home Office web site.
On 1 February 2005 special rules came into force regarding obtaining permission to marry for those subject to immigration control. These include obtaining a Home Office certificate of approval to marry, and giving notice to marry at a designated register office. Full details are on the Immigration and Nationality Directorate web site.
Other Categories
Part 8 of the Immigration Rules also covers other categories of persons who may be able to join you in the United Kingdom. You will need to scroll down the page to find the relevant section. The categories include:
- Fiancé or Fiancée
- Dependent and Other Relatives
- Children
- Adopted Children
There are special rules for each of these categories and if you require more information you should contact us.