When you obtain the right to live in the UK permanently, you can invite your partner or spouse to come and live with you when:
- Your partner, wife, or husband is a proposed fiancée or a civil partner.
- You must have lived with the partner for at least two years.
When you live in the UK on your visa, your partner may apply for a visa under the following conditions.
- Apply as the dependent of the tier 2 category visa holder.
- Apply as a dependent of the Tier 4 visa holder.
On the other hand, if you are living in the UK as a refugee and getting humanitarian protection, your spouse or partner need to apply for the family reunion. Although the rules differ according to the partner, you have to establish that you have sufficient funds to support and prove that the relationship is genuine.
Your spouse or partner can apply for UK visa from India or from within the UK when:
- They get leave to stay in the United Kingdom for more than six months.
- Not present in the UK on a visit visa.
- They are not applying as a fiancée.
If the original visa they had was for only six months or even less than the period, they cannot apply for a partner visa if they are still in the UK. What they need to do is to leave the country and apply for the visa again to enter as a partner. You are the sponsor when your partner of fiancée joins you once you secure the right to stay in the country permanently.
Checking the earnings
Before you decide to bring in your partner or fiancée to live with you in the UK, it is necessary to remember that you must earn a certain amount of money or have enough cash. In short, every individual planning to bring the partner to the UK should meet the financial requirements to sponsor the partner. If you are not earning enough and fail to meet the financial requirements, you must prove that you earn a minimum amount as annual income without the taxes. However, the amount is going to depend on the applicant. However, if you are living in the UK as a refugee, you are barred from meeting the financial requirements.
When you decide to bring your partner only and not the children, you may need to show an income of 18,600 GBP every year without paying the taxes. For bringing the children along with the partner to the UK, an extra income of 3,800 GBP for the first child and 2,400 GBP extra for every child accompanying your partner. Finally, if your partner is already in the UK and you are keen to bring your children, you have to show an income of 18,600 GBP along with the extra earnings you need to show for the children.
Your income in the UK can combine the following aspects.
- Earnings from service or self-employment only when you work in the UK.
- You earn a pension every month.
- You are getting money for maternity, sick pay, paternity and adoption.
- Other sources of income from rent or shares.
If your income does not meet the needs of financial requirement, savings can be used for this purpose and the savings should be in your name for six months. When your partner applies for a visa from abroad such as India, they need to comply with the requirements of the United Kingdom Immigration Services. So, if you do not have adequate savings to bring your partner, their savings can contribute, but not the earnings. However, if your partner is presently working in the UK, their earnings are going to continue. Try to get help from a professional immigration advisor if you cannot comprehend the details about meeting the financial requirement.
Conditions for relief from financial requirements
Even though the immigration service of UK is strict in terms of meeting the financial requirements when you invite your partner. If you enjoy the following benefits, you do not require to meet the needs.
- Getting allowance of severe disability
- Getting the benefits of disablement due to industrial injuries.
- Obtaining carer’s and attendance allowance
- Getting allowance for disability living.
- Payment for personal independence.
- Receiving Guaranteed Income Payment under the Armed Forces Compensation Scheme and Armed Forces Independent Payment.
- Obtaining Mobility Supplement, Constant Attendance Allowance or War Disablement Pension under War Pensions Scheme.
- Pension for Police Injury.
Tenure of visa
The tenure of your partner’s visa depends on certain circumstances.
- If you are married and have been in a civil partnership and lived with your partner for two years or more, the visa is going to last for 33 months when you are applying from India. Before the expiry of visa, you can renew it for another two years and six months. After the renewal, they can apply again to settle down in the UK for a period of five years.
- When you are applying a visa for your fiancée, the visa is going to last for six months, but the partners must marry before the tenure ends. After this, they can apply as a partner for leave and remain for two years and six months and extend it again for the same length of time.
The final goal
Whether you make the visa application of your partners apply themselves, it is necessary to make an appointment with the visa application center. The partner must submit all the necessary documents and evidence for processing the application.
Amy Jones has been serving as an experienced legal content writer in Ahlawat & Associates, who is related to company secretarial services . She is a passionate writer and always on the lookout for opportunities for sharing her knowledge with the legal community. Follow her company on various social media networks like Twitter, Facebook, and LinkedIn.