UK Family Law
Eligibility criteria of UK Marriage Visa
A marriage visa can be defined as legal permission that allows a person to enter the UK to live with their UK settled spouse in the context of a marital relationship. A settled person refers to an individual who is a resident of the UK with no restrictions pertaining to their stay in the United Kingdom.
There are several benefits to obtaining a marriage visa:
- A person becomes legally eligible to work in the UK without the need to apply for a UK work permit.
- They become eligible to apply for Indefinite Leave to Remain (ILR).
- They can apply for British citizenship after a certain amount of time with permanent residency status
- They are free to engage in all forms of employment.
Marriage visa applications are assessed on two parameters; age and relationship. If both criterions are met, the marriage visa will be approved.
Age- Eligibility criteria of UK Marriage Visa
UK marriage visa is issued if a candidate is intending to marry an individual who is settled in the UK. If a marriage visa is granted, the individual automatically becomes eligible for employment in the UK.
To qualify for a Marriage Visa, a prospective applicant must meet certain mandatory conditions pertaining to age and relationship status.
Marriage visa- Age factor
The visa applicant must be a minimum of 21 years of age. Additionally, the partner who is settled in the UK must also be a minimum of 21years of age. The candidate’s relationship status also plays a vital role in obtaining a Marriage Visa.
Other important clauses of the marriage visa are:
Although the visa is issued for two years only, this can be extended if the prospective applicant wishes to remain in the UK permanently.
Providing false information, forged documents or if any condition remains unfulfilled, visa applications will be rejected immediately.
Dependants of the applicant are also permitted entry in to the UK under the Marriage Visa.
The married partners are under legal obligation to fulfill the conditions below:
Both the partners are legally married to each other.
They are living together
They must have met each other prior to their marriage.
They are able to support themselves financially without assistance from public funding.
Must have adequate accommodation in the UK for themselves and any dependents. A child under 18 years of age is considered as a dependant. The dependant’s application should be filed at the same time as the main application.
If an applicant has more than one wife or husband, the UK marriage visa only allows them to bring one spouse to the UK.
Duration of UK Marriage Visa
A UK spouse visa or marriage visa enables the husband, wife or civil partner of a UK citizen to enter the country to be with their spouse. The length of time the foreign national is permitted to stay in the UK depends on aspects such as the length of the relationship, where the couple are currently residing, etc.
Applicants must also obtain entry clearance before entering the UK on a marriage visa.
Initially the marriage visa is issued for two years. After the completion of two years, if the couple are still married and living together, the foreign national partner is eligible to apply for Indefinite Leave to Remain (ILR) in the UK.
If the coupe have been married for at least 4 years and have been living together outside the UK during this time, they can qualify to directly apply for ILR at the time as applying for the marriage visa.
If an applicant receives ILR on the basis of their marriage to a UK citizen, they become eligible to apply for British citizenship, also known as British naturalization.
Dependants under Marriage Visa
With a UK marriage visa, a person married to a UK citizen or in a civil partnership with the UK national is able to move to the UK with relative ease.
The applicant must first meet certain requirements in order to obtain a marriage visa. These requirements pertain to age and relationship.
If both these requirements are fulfilled, a marriage visa is issued to the applicant. Dependants are also permitted to come to the UK under the marriage visa.
Children as Dependants in the Marriage Visa
Under the UK marriage visa, children of the applicant are categorized as dependants if they are below 18 years of age. Dependants are permitted to come to the UK along with the main applicant if their application is also filed at the same time. However, if an applicant is a Highly Skilled Migrant Programme visa holder, his unmarried partner or spouse would be required to apply for a dependency visa to coming to the UK under a Tier 1 visa.
There are many benefits to obtaining a marriage visa, some of which are that it grants legal permission for the applicant to work in the UK without obtaining a UK work permit, the applicant is free to take any employment and they are able to settle permanently in the UK.