Family Law Spouses/Civil Partners

Whether or not people who are not settled but are working or studying in the UK can bring family members with them depends on the basis of their stay in the UK. European Union (EU) nationals benefit from special provisions.

If you are settled in the UK (with Indefinite Leave to Remain (ILR) or British Citizenship) your partner can apply to come to UK. You will need to show that the relationship is genuine, that you and your partner intend to live permanently together, and that your partner can be supported in the UK without needing to rely on State benefits.

It has been necessary to obtain a Certificate of Approval (CoA) from the Home Office before a marriage or civil partnership ceremony involving at least one person who is not British, settled in the UK or a national of an EU member State, can take place in the UK. The UK Court of Appeal in May 2007 declared the existing Certificate of Approval regime to be unlawful and Home Office decisions on further appeals and changes as a result of this are awaited.

If your application is successful, your partner will be given leave to enter or remain in the UK for a probationary period, at the end of which, provided that you are still together, he or she can apply for settlement (Indefinite Leave to Remain) in the UK. In the longer term your partner can apply for British Citizenship, although this is not obligatory.

Whether or not people who are not settled but are working or studying in the UK can bring their spouses or civil partners with them depends on the basis of their stay in the UK. European Union (EU) nationals benefit from special provisions.