Rules for Obtaining a Marriage Visa in the United Kingdom - Essay Example

Spouses Mechanism This visa is applicable if a foreign national marries a British citizen, or person who has settlement status in the UK. The UK marriage visa entitles a person to enter the UK or remain in the UK. The Spouse / Civil Partner Visa is given initially for a two-year probationary period and can lead to Indefinite Leave to Remain (ILR) and British nationality. If however, the couple have been married or have been in a civil partnership for at least four years and have been living together outside of the UK during that time, an application for ILR can be made immediately. At the time of submitting the Visa application applicants for a Spouse / Civil Partner Visa must demonstrate that they are legally married to, or in a Civil Partnership with a partner who is a British National or permanent resident. This person must be their genuine spouse / partner and the couple must intend to live together in the UK (Home Office, 2007). Form: Marriage visa Spouses of UK citizens or permanent residents mainly those with indefinite leave to remain may come to the UK under marriage visa category, and are able to work as soon as a visa is granted (Home Office, 2007). Spouse will need to meet the following marriage visa requirements: 1. Have been together for less than four years and are granted a marriage visa for a probationary period of two years. Still married and living together at the end of two years in the UK permanent residence properly known as indefinite leave to remain will usually be granted. 2. Have been together for four years or more outside the UK will be granted indefinite leave to remain/permanent residence in the UK without having to live in the UK for two years. 3. The UK citizen or permanent resident must have actually met their non-UK spouse. This is to prevent a situation that occurs sometimes in arranged marriages where the husband and wife have never met. 4. Must intend to live together permanently with spouse in order to obtain a spouse visa. 5. Must possess sufficient funds to support family living expenses and those of any dependants without claiming public funds. Public funds cover various benefits paid by the Government if currently looking for work, if on a low income and if in various other situations. 6. Accommodation for the couple, and any dependants, must be suitable and available. 7. Spouses seeking to come to the UK on the basis of marriage to a UK national should apply for entry clearance before entering the UK. 8. Have a visa valid for six months or less in the UK cannot change status to a spouse visa. 9. Children of the marriage who are under 18 years old are allowed entry to the UK as dependants, and can make their application at the same time as the main applicant. TimeLine involved: After a total period of three years, in the UK may apply for UK citizenship. Procedure: If the applicant is outside the UK then they must apply for Entry Clearance in order to be allowed to travel to the UK specifically as a Spouse. Once the visa has been issued, the holder is entitled to work without restriction. In addition, they are also permitted to leave and re-enter the UK many times for a two-year period. The 2-year period is a probationary period and at the end of this period, the Home Office will require to see proof that the couple have been living together as husband and wife throughout this time (Phelan & Gillespie, 2007). The spouse must fulfil the following requirements: 1. You and the sponsor are over the age of 18 on the date that the applicant plans to arrive in the UK. 2. You and your spouse are intending to live together permanently as husband and wife. Additional rules for spouses: 1. That both parties to the marriage have met and are seeking entry as the husband or wife. In addition, the marriage must be subsisting. 2. You must be lawfully married. 3. You must have adequate funds to be able to support you and your partner as well as any dependants without claiming public funds. 4. It is necessary for spouses coming to the UK based on their marriage to a UK national to apply for entry clearance. 5. If a person has more than one husband or wife, only one of them will be allowed to join them in the UK as their husband or wife under the UK marriage visa (Phelan & Gillespie, 2007). If you are married to someone who holds an ancestry visa, a work permit, or a highly skilled migrant visa  This visa is applicable if a foreign national married to someone who holds an Ancestry visa, a Work Permit, or a Highly Skilled Migrant Visa. If applying as a dependant in this category, it is still necessary to apply for prior entry clearance (Weissbrodt & Danielson, 2005). If you are married to someone who holds a student visa This visa is applicable if a foreign national is married to someone who holds a Student Visa. If successful, the applicant will be entitled to stay in the UK for the same period as their partner who is a student. During the period in which they are living in the UK the applicant must be able to support themselves independently or with help from the Student Visa holder (Weissbrodt & Danielson, 2005). The requirement for entry clearance It is a requirement that all spouses obtain an Entry Clearance before they travel to the UK, if they intend to remain permanently under the above rules. Anyone who arrives in the UK for the purposes of settling with their spouse without an Entry Clearance will be refused entry. The purpose of the Entry Clearance is to enable the applicant to come to the UK for an initial probationary period of two years. After this period, they can apply to settle (Home Office, 2007). Rules and restrictions Spouses of UK citizens or permanent residents who come to the UK under the marriage visa category are entitled to work provided the visa is granted. If resident and spouse have been together for less than 4 years, you will be issued with a marriage visa for the probationary period of 2 years. After 2 years, if you are still married and living together, you will be eligible for indefinite leave to remain. If you have been together for 4 years or more outside the UK, you will be entitled to Indefinite Leave to Remain in the UK without having to live in the UK for the 2-year probationary period (Home Office, 2007). Does this visa give indefinite leave to remain? If resident and spouse have been together for 4 years or more prior to your application, you are entitled to apply for Indefinite Leave to Remain. If resident has been together for less than 4 years, you will be eligible to apply for Indefinite Leave to Remain after resident has lived in the UK for 2 years. This will only be possible as long as resident can prove that she can fulfil the criteria for spouse status at the end of the 2-year period. Law issues: In 2006, the immigration and naturalisation department of the United Kingdom changed the implication of the law in terms of the “Sham marriage” immigration guidance. This amendment came as a result of the ruling of courts towards the cases tendered. These changes reflect upon the section nineteen of the Asylum and Immigration act of 2004. According to this regulation all non –EEA members were extended the permission to enter the United Kingdom and had been in the region for six months with three months of visa remaining, could marry a UK citizen and then apply for the appropriate status change. However, it was not possible for all the non-EEA members if they had less than three months left on their visit permit and they would have to go back to their home country and then re-apply to enter the United Kingdom as a fiance(e). furthermore, his law allowed only one exception and that was that if the marriage had already taken place in a church (HO, 2007). The law also stipulates that the spouses must meet the basic criteria as to demonstrate the availability of adequate housing facility for living together. This adequate housing is defined as availability of one bedroom apart form kitchen and bathroom to live if there are only two people. Furthermore, the spouses must also demonstrate availability of enough resource to support themselves and the couple should not fall into the category of depending upon government support. Moreover, the couple should show proof and intention of living together (HO, 2007). Works Cited: Weissbrodt, D. S. & Danielson, L. 2005. Immigration Law and Procedure in a Nutshell. West Group. Phelan, M. & Gillespie, J. 2007. Immigration Law Handbook. Oxford University Press. Home Office (HO). 2007. Life in the UK: A Journey to Citizenship 2007. Stationery Office Books. Read More