Spouses and companions of British residents or folks settled within the UK can apply for a visa to affix or stay with their family members. These functions are handled by the House Workplace below the immigration guidelines.
Particularly, the a part of the foundations that candidates have to navigate are “Appendix FM” (FM stands for relations) and “Appendix FM SE” (specified proof).
The principles are usually not straightforward studying. Paragraphs are usually not numbered however labelled with acronyms, guidelines check with different guidelines in numerous sections and the development of sentences and paragraphs don’t all the time appear to make sense.
With this publish, we hope to carry some readability to the necessities to be met in companion visa functions.
Attempting to elucidate all the weather of a profitable companion visa utility in a single article is difficult as a result of there are various kinds of utility:
- Somebody who doesn’t reside within the UK will apply for “depart to enter”, or permission to enter
- Somebody who already lives within the UK will apply for “depart to stay”, or permission to stay
- Somebody who has had a companion visa for 5 (or in some circumstances, ten) years will apply for “indefinite depart to stay”, which means they’ll settle completely
Typically the visa necessities are comparable for these various kinds of utility. Generally they’re barely totally different, so we’ll spotlight that as we go alongside.
We’ve got additionally separated out the monetary necessities, and functions that depend on “distinctive circumstances”, and coated them in separate weblog posts. That’s solely as a result of this publish can be very lengthy if we tried to cowl the whole lot multi functional go.
The best way to make an utility
Formalities
Earlier than we get to what you might want to truly cowl within the utility, it’s price being conscious of the technicalities concerned. To use below Appendix FM it’s important to submit a “legitimate utility”. Confusingly, what makes an utility legitimate isn’t in Appendix FM itself, however coated in half 1 of the immigration guidelines at paragraph 34.
The right utility kind have to be used, in its most lately revealed model. In follow, this normally means making use of on-line.
The best utility charge must be paid and an unique legitimate type of ID submitted. Functions additionally require fee of the immigration well being surcharge, presently set at £1,035 every year, except making use of for indefinite depart to stay. It might be attainable to get a charge waiver if the charges can’t be afforded.
Instance
A partner granted entry clearance from overseas will obtain depart legitimate for 2 years and 9 months (33 months). This particular person pays an IHS of £3,105. That is calculated by rounding as much as the closest half 12 months then multiplying by 1,035. 33 months rounds as much as three years. And three multiplied by the annual charge of £1,035 involves £3,105.
A partner granted restricted depart to stay within the UK will obtain depart legitimate for 2 years and 6 months (two and a half years). This particular person pays an IHS of £2,587.50: 2.5 multiplied by 1,035.
The end result
A profitable utility below Appendix FM will typically end in a grant of depart to enter for 33 months or depart to stay for 30 months. Throughout that point the particular person is allowed to work however can not entry public funds — that’s, they can’t declare advantages — except they request an exception because of destitution.
The applicant can apply for indefinite depart to stay after 5 years. The exception is the place an utility is granted on the idea of remarkable circumstances, during which case the appliance would want to attend ten years earlier than being eligible for indefinite depart.
The necessities
With a view to succeed, an applicant should meet sure necessities. These are divided into what the House Workplace calls “suitability standards” and “eligibility standards”.
Suitability standards
Suitability standards take a look at the applicant’s character to evaluate if there are explanation why they shouldn’t be admitted to or allowed to stay within the UK. The suitability standards for functions made below Appendix FM are present in Half Suitability of the immigration guidelines.
Beforehand, Appendix FM contained its personal suitability standards which had been extra beneficiant than the Half 9 grounds for refusal. Nonetheless in November 2025 Half Suitability of the immigration guidelines was launched, changing Half 9 in addition to the suitability part of Appendix FM.
This modification implies that many suitability guidelines beforehand present in Half 9, now Half Suitability, are being utilized to Appendix FM functions for the primary time. We coated the implications of this modification intimately right here.
It’s essential to check with Half Suitability earlier than making any utility below Appendix FM, whether or not for entry clearance, depart to stay or settlement.
Eligibility necessities
To be granted entry clearance as a companion, all the necessities in paragraphs E-ECP.2.1. to 4.2. of Appendix FM have to be met.
The eligibility necessities concern the connection between the applicant and the sponsor, upkeep and lodging necessities and data of the English language. Candidates from international locations listed in Appendix T should additionally undertake a tuberculosis screening.
Upkeep and lodging necessities
As a result of these may be so tough in themselves, we focus on these in a separate publish: What are the monetary necessities for UK partner and companion visas?
Relationship necessities
The applicant’s companion, i.e. the sponsor, have to be British or settled within the UK, have restricted depart below Appendix EU, or as a employee or enterprise particular person below Appendix ECAA Extension of Keep, have restricted refugee or humanitarian safety depart or permission as a stateless particular person.
Each the applicant and the sponsor have to be 18 or over on the date of the appliance and should not be inside the “prohibited diploma of relationship”. Which means that they can’t be carefully associated to one another in such a method that it will be towards the UK legislation to marry (for instance, brother and sister).
Extra necessities are that the events should have met in particular person and have a real and subsisting relationship, and intend to reside collectively completely within the UK.
If the events are married or in a civil partnership, their marriage or partnership have to be legitimate and any earlier relationship should have damaged down completely. If the events are usually not married, they should have been in a relationship much like marriage or civil partnership for no less than two years. Fiancées have to be looking for entry to marry.
In extension and indefinite depart functions the connection necessities are the identical, however the applicant should additionally present proof that, since entry clearance or depart to stay as a companion was granted, they’ve lived collectively within the UK with the sponsor.
If there’s a interval during which they haven’t completed so, they need to give an excellent cause for it, in line with a unbroken intention to reside collectively completely within the UK. Which means that lengthy absences have to be defined and it must be proven that the couple nonetheless intends to take care of their household dwelling within the UK.
Candidates who want to change right into a companion visa from one other visa route should additionally fulfill the immigration standing necessities. Which means that the applicant should not be within the UK as a customer or with depart granted for six months or much less (except it was fiancée depart) they usually should not be on immigration bail.
This requirement creates a troublesome scenario for guests, who can not apply in-country except they commit the prison offence of overstaying after their visa expires. In different phrases, in case you are within the UK on a go to visa, you can not dangle round and apply to remain legally utilizing Appendix FM – you would want to go away and apply from a rustic the place you’re dwelling lawfully, normally your private home nation.
English language necessities
Information of the English language have to be demonstrated in functions for depart to enter or stay.
A technique to do that is to supply “specified proof” that the applicant is a citizen of a majority English-speaking nation (their passport would suffice). An inventory of qualifying international locations is in paragraph GEN.1.6 of Appendix FM.
In entry clearance circumstances, candidates from different international locations should have handed an English language check in talking and listening at Degree A1 or above of the Frequent European Framework of Reference for Languages.
The check is legitimate provided that it was taken with a supplier authorised by the House Workplace. Lists of such suppliers are often up to date so you will need to verify that the institute continues to be on the record when submitting the appliance.
Degree A1 is the minimal stage required, so nothing stops an applicant from taking the next check.
Candidates who’ve a tutorial qualification at bachelor’s diploma stage or above are exempted from taking the check if the certificates was awarded within the UK, or if it was taught or researched in English and is deemed acceptable by an organisation referred to as Ecctis.
The one folks exempt from the English language necessities are these over 65, these with a incapacity or in circumstances of remarkable circumstances.
For extension of depart functions, candidates should show that their English has improved, by offering a certificates at stage A2.
Indefinite depart functions require stage B1 in talking and listening, and the Life within the UK check.
Functions for indefinite depart to stay
Additional factors to contemplate
As talked about, it’s attainable to use for settlement upon completion of 5 years of depart accrued below Appendix FM. Candidates counting on distinctive circumstances, not coated on this weblog publish, might want to watch for ten years.
It’s also attainable that an applicant’s circumstances change throughout their path to settlement, which means that their potential to fulfill the necessities of the route change. The place this occurs, candidates could possibly change to the ten 12 months route after initially being on the 5 12 months route, or vice versa. Nonetheless, you will need to recognise that point spent on the totally different routes can’t be mixed.
Instance
Gema is a Spanish nationwide who’s married to Peter, a British nationwide. Gema makes an utility for permission as a companion and meets all the necessities. She is granted 30 months’ permission as a companion on the 5 12 months path to settlement.
Eight months earlier than she submits her extension utility, Gema loses her job. Peter had lately taken a discount in hours and now works part-time. His revenue alone isn’t ample to fulfill the monetary requirement. Neither Gema nor Peter are in a position to improve their revenue earlier than the extension utility deadline. Gema makes an extension utility, counting on distinctive circumstances, and is granted 30 months’ permission as a companion on the ten 12 months path to settlement.
Gema secures one other job in time for the subsequent extension. She now meets the monetary necessities once more, so she is granted 30 months’ permission on the 5 12 months path to settlement.
Though Gema spent 30 months on the 5 12 months route in the beginning of her companion visa, and now has one other 30 months’ permission on the 5 12 months route, she won’t qualify for indefinite depart to stay on this foundation. To choose the 5 12 months companion route, candidates should have spent 60 months consecutively on this route. Gema’s 60 months on the 5 12 months route was interrupted by her grant of permission on the ten 12 months route. Gema might want to make another extension on the 5 12 months route earlier than she will be able to apply to settle.
A number of additional factors to contemplate with functions for indefinite depart to stay:
- Any depart granted as a fiancée or proposed civil companion wouldn’t rely in direction of the residence interval wanted to settle
- It’s not attainable to mix-and-match companions. Any depart granted on the idea of a earlier companion can’t be added to the present depart for the aim of accruing the related 5 or ten 12 months interval.
- It’s important to make sure that there are not any extreme absences to show the intention to completely reside within the UK.
Now learn: What are the monetary necessities for UK partner and companion visas?
This text has been up to date by Rachel Whickman in order that it’s appropriate as of the brand new date of publication proven.
