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► Marriage, relationships and immigration
Marriage, Relationships and Your Immigration Status
IMPORTANT
This leaflet provides information on the implications of either marrying, entering into a civil partnership or co-habiting with someone in the UK during the course of your studies.
If either one of you is a person subject to immigration control there are some important changes to the process of getting married or entering into a civil partnership which are described below.
THE EEA
The EEA consists of the European Union: Austria, Belgium, Czech Republic, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and the UK plus Iceland, Liechtenstein, and Norway
Switzerland is not a member of the EEA but Swiss nationals have similar rights to EEA nationals.
GETTING MARRIED OR ENTERING INTO A CIVIL PARTNERSHIP IN THE UK
From 1 February 2005 any person subject to immigration control who wants to marry or enter into a civil partnership in the UK (other than an Anglican church wedding) must apply to the Home Office for a Certificate of Approval. The certificate only allows you to give notice to a registrar to marry at a designated office.
Who is subject to immigration control?
All people who are not EEA nationals, who require leave to enter or remain in the UK are subject to immigration control.
How do I apply for a Certificate of Approval?
You must have been granted leave to enter or remain for more than six months in the UK and at least three months of that leave must remain. There is a fee of £135 per application. If both of you are subject to immigration control this means you will have to pay the fee twice. Forms are available on the Home Office website: www.ind.homeoffice.gov.uk
MARRIAGE/CIVIL PARTNERSHIP: WITH ANOTHER INTERNATIONAL STUDENT FROM OUTSIDE THE EEA
Marrying or entering into a civil partnership with another international student will not usually affect your existing rights or status. It is possible for either spouse to apply to change his/her status to dependant, but not necessary.
If you wish to change your status to dependant you must apply on the FLR(O) form before your current leave to remain expires to the Home Office. There is currently a charge of £335 to change status. Once your status changes, you will be able to remain, work and study, as described in the leaflet "Your Family’s Rights and Entitlements in the UK."
You will need to show that you are married, have sufficient money to cover your joint living costs and have adequate accommodation.
Fiance(e)s/Proposed Civil Partner
If both of you are international students from outside of the EEA, there is no provision within the immigration rules for a fiance(e) to enter the UK for the purposes of marriage or for a proposed civil partnership and to then switch to dependant. Please seek further advice if you are in this position.
If one of you is British or has permanent residence in the UK please see the section below.
Other relationships
Current UK immigration law only allows for a spouse or a civil partner to enter or remain in the UK as the dependant of a non-EEA national student.
MARRIAGE AND OTHER RELATIONSHIPS WITH SOMEONE WHO LIVES PERMANENTLY IN UK
It is possible for spouses, civil partners or unmarried partners to apply to enter or remain with a person who has the right of permanent residence in the UK. Equally the same provisions apply to the spouses and partners of work permit holders and people under the Highly Skilled Migrant Programme.
The rules differ slightly for spouses, civil partners and unmarried partners. Whereas married or civil partners may apply to enter or remain in the UK immediately after the marriage/civil partnership,unmarried partners must be able to show that they have been together for two years before submitting the application.
General requirements
You will have to show:
* you and your spouse or partner intend to live together permanently;
* you have adequate accommodation of your own;
* your joint resources are enough to support yourselves without claiming public funds.
Applying to stay
You should always seek advice before contacting the Home Office. Applications must be made on the FLR(M) form. This must be done before your present leave to stay as a student expires as you will then have the right to appeal against a refusal. There is a charge of £335 to change status.
If the Home Office are satisfied that you meet the requirements of the immigration rules you should be given leave to stay for an initial 2 years (limited leave to remain).
Applying from outside the UK
If your fiancé/spouse or partner is outside of the UK they must obtain entry clearance before coming to the UK.
The first 2 years
If the Home Office gives you 2 years limited leave, you are no longer a student in immigration terms and can therefore work without permission and study full or part-time.
During this period it is expected that the couple will not claim certain specified benefits known as public funds. These are listed on the application form FLR(M).
Applying for permanent residence/indefinite leave to remain
You can apply for permanent residence one month before the end of the 2 year probationary period. You will need to complete the SET(M) form for settlement. Your British or settled spouse or partner must be in the UK at the time of the application.
If you are given permanent residence (settled status) you can then stay permanently in the UK and leave and enter freely. The only restrictions on this are that you must not stay out of the UK for more than 2 years at any one time, and you must return to settle each time you come back. You can claim any benefits you are entitled to without affecting your right to stay in Britain.
Where couples have been living together for 4 years outside of the UK they may be able to apply for indefinite leave to remain straight away (i.e. no probationary period). This applies if the spouse has "right of abode" i.e. British and some Commonwealth citizens.
Home fees status
You will become eligible for the home rate of fee for any new full-time course you start provided that you are given permanent residence before 1st September of the year the course begins and you have lived in the UK for more than 3 years not wholly or mainly for the purposes of full-time education.
Visa nationals
Visa nationals: People who always need to get a visa before travelling to the UK. A full list is available from the Home Office website: http://www.ukvisas.gov.uk and click on Do I need a UK visa?
| 1. The Money Handbook | 2. Fee Status | 3. Students from the EEA | 4. Visa and Entry Requirements for Dependents |
| 5. Working in the UK During your Studies | 6. Working in the UK After Your Studies | 7. Family and Friends Visiting you in the UK | 8. Your Family's Rights and Entitlements in the UK |
| 9. Marriage, Relationships and Your Immigration Status | 10. Driving in the UK | 11. Travelling to Europe | 12. Staying in the UK for a Short Holiday |