Requirement Type | Requirement Details |
---|---|
General requirements | |
The applicant partner: | is outside the UK |
has made a valid application for entry clearance as a partner | |
does not fall for refusal under any of the suitability grounds, and | |
meets all the eligibility requirements | |
Suitability requirements and retained general grounds of refusal | The applicant partner must meet a number of requirements relating to their previous character and conduct, including any previous criminal convictions or charges or breaches of UK immigration control.. |
Eligibility requirements | |
(i) Relationship | |
The sponsoring partner: | is a British citizen in the UK (or returning to the UK with the applicant) |
is present and settled in the UK (or being admitted on the same occasion for settlement), or | |
is in the UK with refugee leave or humanitarian protection | |
The applicant partner | |
The applicant partner and the sponsoring partner: | are aged 18 or over at the date of application are not within a prohibited degree of relationship as defined in theMarriage Act 1949, the Marriage (Prohibited Degrees of Relationship) Act 1986 and the Civil Partnership Act 2004 have met in person are in a genuine and subsisting relationship intend to live together permanently in the UK any previous relationship must have broken down permanently unless it is a polygamous relationship which is not covered under the restrictions set out in the Immigration Rules, Part 8, para 278(i) if married or in a civil partnership, are parties to a valid marriage or civil partnership, and if unmarried partners (including same-sex partners), have been living together in a relationship akin to a marriage or civil partnership for at least 2 years prior to the date of application |
(ii) Financial | The applicant partner can provide specified evidence of a specified gross annual income of at least: |
—£18,600 | |
—£3,800 for their first child, and | |
—£2,400 for each additional child. | |
Note that additional funds are not required to be shown for any child who is an EEA national, a British citizen or otherwise has settled status | |
If the applicant partner cannot show the relevant minimum specified gross annual income, they must also show: | |
—specified savings of £16,000, and | |
—additional savings of at least: 2.5 x (the relevant minimum specified gross annual income minus the gross specified annual income that they can evidence) | |
The applicant partner must provide evidence that there will be adequate accommodation without recourse to public funds for the family (including those family members not included in the application but who live in the same household), or | |
If the sponsoring partner is receiving a specified benefit, the applicant partner must provide evidence that the sponsoring partner is able to maintain and accommodate themselves, the applicant partner and any dependants without recourse to public funds | |
(iii) English language | |
The applicant partner provides specified evidence that: | they are a national of one of the following countries: —Antigua and Barbuda —Australia — the Bahamas —Barbados —Belize —Canada —Dominica —Grenada —Guyana —Jamaica —New Zealand —St Kitts and Nevis —St Lucia —St Vincent and the Grenadines —Trinidad and Tobago —the USA They have taken and passed an English language test in speaking and listening at a minimum of level A1 of the Common European Framework of Reference for Languages with an approved English language test provider listed in the Immigration Rules, Appendix O;or They have an academic qualification recognised by the UK National Recognition Information Centre to be equivalent to the standard of a bachelor’s or master’s degree or PhD in the UK, which was taught in English |
or the applicant partner is exempt from the English-language requirement because: | —they are aged 65 or over —they have a physical or mental disability that prevents them from meeting the requirement, or —there are exceptional circumstances that prevent them from being able to meet the requirement prior to entry to the UK |
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