Does Marriage to a British Citizen Give You the Right to Live in the UK?
Marriage to a British citizen doesn’t give you an automatic right to live in the UK if you are not a British citizen or if you don’t have the right to reside in the UK through an alternative route, such as the skilled worker visa or the senior or specialist worker visa or through having indefinite leave to remain status.
In this blog, our immigration solicitors look at how you can acquire the right to live in the UK if you marry a British citizen or marry a person with settled status in the UK.
UK Online and London-Based Immigration Lawyers and Spouse Visa Solicitors
For advice on spouse visas call the immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us online.
Relationships and the right to reside in the UK
Your relationship does not give you the right to reside in the UK, however long you have been married and however committed you are to your partner. Some couples struggle with that statement, assuming that British citizens have the right to live with whomever they want in their home country. Whilst a British citizen (or a person with settled status) does have a right to reside, the law says that their husband, wife, civil partner, or partner doesn’t have an automatic right if they are subject to UK immigration controls.
There is a route to UK entry clearance based on your relationship, namely the spouse visa or family visa. However, a marriage certificate or evidence of a relationship isn’t sufficient to secure a spouse visa or partner visa – you have to meet all the eligibility criteria to obtain a spouse visa.
Immigration solicitors say that not everyone meets the eligibility criteria for a spouse visa through no fault of their own. For example, their partner may be in a poorly paid job so their spouse may not meet the spouse visa financial requirement. There are alternative options to a family visa, such as a student visa or a graduate visa, or a skilled worker visa, depending on your personal circumstances.
Getting early immigration law advice on the best visa for your circumstances and goals is the best thing to do if you want to reunite with a British spouse in the UK.
Call OTS Solicitors on 0203 959 9123 or contact us online for immigration law advice.
EU nationals and marriage to British citizens
If you are an EU national you may think that immigration controls and spouse visas are irrelevant to you and you may be right if you moved to live in the UK before the end of free movement on 31 December 2020 and you have secured settled status or pre-settled status under the EU Settlement Scheme. If you moved to live in the UK after that date then you will be subject to UK immigration controls.
Marriage as a route to British citizenship
If you marry a British citizen or a person with UK settled status (either under the EU Settlement Scheme or indefinite leave to remain status) then you can't sort out your immigration by applying straight away for British citizenship. Instead, you need to apply for a spouse visa or family visa and after you have met the settlement residence requirement and other eligibility criteria you can then apply to settle in the UK. The settlement application is for indefinite leave to remain status. ILR does not confer British citizenship on you. A separate application needs to be made later if you want to obtain British citizenship.
The route to British citizenship from marriage is quite long and can be complicated depending on your circumstances. Not everyone who marries and comes to live in the UK decides to apply for British citizenship as some think that indefinite leave to remain status is sufficient as it gives them the right to live and work in the UK on an indefinite basis.
The step-by-step route from marriage to British citizenship
Marriage to British citizenship normally involves 4 stages:
- Spouse visa application
- Extension application to extend spouse visa
- Application for indefinite leave to remain
- Application for British citizenship
Each stage of the process has different eligibility criteria. That is why Spouse Visa Solicitors recommend that you take comprehensive immigration legal advice at the outset so you know the rules you will have to follow to get British citizenship as quickly as possible. For example, the UK residence requirement to get indefinite leave to remain is a specified number of years but you also need to know some details to understand if you will still meet the residence requirement if you return home for an extended stay with family or if you work overseas temporarily.
How can the Spouse Visa Solicitors at OTS Solicitors help you?
At OTS Solicitors our specialist team of Spouse Visa Solicitors advise on spouse and partner visas. As experts we are used to being called in when someone has tried and failed to get a spouse visa when applying on their own or with the help of a non-specialist solicitor. Our Spouse Visa Solicitors don’t mind that as we are used to challenging cases where things are not straightforward.
As well as applications for spouse visas, we can also help you with:
- Spouse visa appeals
- Spouse visa extension applications
- Indefinite leave to remain
- Indefinite leave to remain concessions if you have left a relationship or if your partner has passed away
- Returning resident visas for spouses who have indefinite leave to remain but who have been absent from the UK for 2 years
- British citizenship applications
- Dependant visas for family members
- Alternatives to family visas, such as the skilled worker visa
Whatever individual immigration help you need our friendly team can advise you on your options.
UK Online and London-Based Immigration Lawyers and Spouse Visa Solicitors
For advice on spouse visas call the immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us online.
Related Posts
Indefinite Leave to Remain Applications and the Set M Form
Spouse Visas: The Spouse Visa Solicitors Guide to Spouse Visa Terminology
OTS Solicitors Celebrate the 2023 Legal 500 London Immigration Rankings
Business Immigration Solicitor Hans Sok Appadu Nominated for Rising Star Award 2022