Apply UK Spouse Settlement Visa- Requirements for Leave to Enter

Details of Paragraphs 277 to 283 of the Immigration Rules Part 8: Family Members  Home Office, UK Government. Published on 29 February 2016 Updated on 02 May 2017

Applicants under 18 Not Permitted for Spouse Settlement

UK Visa Blog Immigration, Settlement, Refusal, Appeal Solicitors

According to Paragraph 277, if either applicant or sponsor is under 18 years of age then Entry Clearance is not permitted under the Immigration Rules. Therefore, both the applicant and sponsor need to be above 18 years of age for spouse settlement application under the Immigration Rules.

277. Nothing in these Rules shall be construed as permitting a person to be granted entry clearance, leave to enter, leave to remain or variation of leave as a spouse or civil partner of another if either the applicant or the sponsor will be aged under 18 on the date of arrival in the United Kingdom or (as the case may be) on the date on which the leave to remain or variation of leave would be granted. In these rules the term “sponsor” includes “partner” as defined in GEN 1.2 of Appendix FM.

Polygamous Marriage or Civil Partnership

278. Nothing in these Rules shall be construed as allowing a person to be granted entry clearance, leave to enter, leave to remain or variation of leave as the spouse and civil partner of a man or woman (the sponsor) if:

(i) his or her marriage or civil partnership to the sponsor is polygamous; and

(ii) there is another person living who is the husband or wife of the sponsor and who:

(a) is, or at any time since his or her marriage or civil partnership to the sponsor has been, in the United Kingdom; or

(b) has been granted a certificate of entitlement in respect of the right of abode mentioned in Section 2(1)(a) of the Immigration Act 1988 or an entry clearance to enter the United Kingdom as the husband or wife of the sponsor.

For the purpose of this paragraph a marriage or civil partnership may be polygamous although at its inception neither party had any other spouse or civil partner.

279. Paragraph 278 does not apply to any person who seeks entry clearance, leave to enter, leave to remain or variation of leave where:

(i) he or she has been in the United Kingdom before 1 August 1988 having been admitted for the purpose of settlement as the husband or wife of the sponsor; or

(ii) he or she has, since their marriage or civil partnership to the sponsor, been in the United Kingdom at any time when there was no such other spouse or civil partner living as is mentioned in paragraph 278 (ii).

But where a person claims that paragraph 278 does not apply to them because they have been in the United Kingdom in circumstances which cause them to fall within sub paragraphs (i) or (ii) of that paragraph it shall be for them to prove that fact.

280. For the purposes of paragraphs 278 and 279 the presence of any wife or husband in the United Kingdom in any of the following circumstances shall be disregarded:

(i) as a visitor; or

(ii) an illegal entrant; or

(iii) in circumstances whereby a person is deemed by Section 11(1) of the Immigration Act 1971 not to have entered the United Kingdom.

Requirements for Leave to Enter as Spouses or Civil Partners

Spouses or Civil Partners of Persons Present and Settled in the United Kingdom or being admitted on the same occasion for Settlement

Requirements for leave to enter the United Kingdom with a view to settlement as the spouse or civil partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement.

281. The requirements to be met by a person seeking leave to enter the United Kingdom with a view to settlement as the spouse or civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement are that:

  • (i)
    • (a)(i) the applicant is married to or the civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; and
    • (ii) the applicant provides an original English language test certificate in speaking and listening from an English language test provider approved by the Secretary of State for these purposes, which clearly shows the applicant’s name and the qualification obtained (which must meet or exceed level A1 of the Common European Framework of Reference) unless:
      • (a) the applicant is aged 65 or over at the time he makes his application; or
      • (b) the applicant has a physical or mental condition that would prevent him from meeting the requirement; or;
      • (c) there are exceptional compassionate circumstances that would prevent the applicant from meeting the requirement; or
    • (iii) the applicant is 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; United States of America; or
    • (iv) the applicant has obtained an academic qualification (not a professional or vocational qualification), which is deemed by UK NARIC to meet the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, from an educational establishment in one of the following countries: Antigua and Barbuda; Australia; The Bahamas; Barbados; Belize; Dominica; Grenada; Guyana; Ireland; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and The Grenadines; Trinidad and Tobago; the UK; the USA; and provides the specified documents; or
    • (v) the applicant has obtained an academic qualification (not a professional or vocational qualification) which is deemed by UK NARIC to meet the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, and
      1. provides the specified evidence to show he has the qualification, and
      2. UK NARIC has confirmed that the qualification was taught or researched in English, or
    • (vi) has obtained an academic qualification (not a professional or vocational qualification) which is deemed by UK NARIC to meet the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, and provides the specified evidence to show:
      1. he has the qualification, and
      2. that the qualification was taught or researched in English.

Or

  • (i)
    • (b)(i) the applicant is married to or the civil partner of a person who has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is on the same occasion seeking admission to the United Kingdom for the purposes of settlement and the parties were married or formed a civil partnership at least 4 years ago, since which time they have been living together outside the United Kingdom; and
    • (b)(ii) the applicant has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL; and
    • (b)(iii) DELETED
  • (ii) the parties to the marriage or civil partnership have met; and
  • (iii) each of the parties intends to live permanently with the other as his or her spouse or civil partner and the marriage or civil partnership is subsisting; and
  • (iv) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and
  • (v) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and
  • (vi) the applicant holds a valid United Kingdom entry clearance for entry in this capacity; and
  • (vii) the applicant does not fall for refusal under the general grounds for refusal.

For the purposes of this paragraph and paragraphs 282-289 a member of HM Forces serving overseas, or a permanent member of HM Diplomatic Service or a comparable UK-based staff member of the British Council on a tour of duty abroad, or a staff member of the Department for International Development who is a British Citizen or is settled in the United Kingdom, is to be regarded as present and settled in the United Kingdom.

Leave to Enter as the Spouse or Civil Partner

Leave to Enter as the Spouse or Civil Partner of a Person Present and Settled in the United Kingdom or being admitted for Settlement on the same occasion

282. A person seeking leave to enter the United Kingdom as the spouse or civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement may:

(a) in the case of a person who meets the requirements of paragraph 281(i)

(a)(i) and one of the requirements of paragraph 281(i)(a)(ii) – (vi) be admitted for an initial periodnot exceeding 27 months, or

(b) in the case of a person who meets all of the requirements in paragraph 281(i)(b), be granted indefinite leave to enter, or

(c) in the case of a person who meets the requirement in paragraph 281(i)(b)(i), but not the requirement in paragraph 281(i)(b)(ii) to have sufficient knowledge of the English language and about life in the United Kingdom, be admitted for an initial period not exceeding 27 months, in all cases provided the Immigration Officer is satisfied that each of the relevant requirements of paragraph 281 is met.

Refusal of Leave to Enter as the Spouse or Civil partner

Refusal of Leave to Enter as the Spouse or Civil partner of a Person Present and Settled in the United Kingdom or being admitted on the same occasion for Settlement

283. Leave to enter the United Kingdom as the spouse or civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 281 is met.

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Related: Extension of Stay as the Spouse or Civil PartnerILR for the Spouse or Civil PartnerILR as the Victim of Domestic ViolenceLeave to Enter as a Fiance(e) or Proposed Civil PartnerLeave to Enter as the Unmarried or Same-Sex PartnerLeave to Remain as the Unmarried or Same-sex Partner, ILR as the Unmarried or Same-sex Partner.

via Immigration Rules part 8: family members – Immigration Rules – Guidance – GOV.UK