This section explains what you will need to do if you wish to settle in the United Kingdom (UK) as the spouse, fiancé/e or the unmarried partner (including same sex couples) of someone who has the right of live in the UK .  Such a person is the applicant’s ‘sponsor’.

If this leaflet does not answer your questions please telephone or write to us for further advice.

Note: The rules for going to the UK are different if you or your husband or wife is a national of another member state of the European Economic Area (the member states of the European Union, and Iceland , Norway and Liechtenstein ), or Switzerland . The rules are also different if you can claim British citizenship or another connection with the UK , for example by ancestry. If you would like to know more about this please see our separate information leaflets.

You must get an Visa (more commonly called a ‘visa’) before travelling to the United Kingdom as a spouse, fiancé or fiancée or an unmarried partner. If you do not have one, you will be refused entry on arrival.

Also do not purchase your air tickets before obtaining an Visa. We do not accept any liability for cancellation charges, or lost fares, if your Visa is not issued before your intended departure date.

Can I join my husband, wife, fiancé/e or unmarried partner in the UK ?
You may apply to join your sponsor in the UK so long as he or she:

• is able to live in the UK lawfully, with no time limit attached to his or her stay (i.e. a British Citizen, a Commonwealth Citizen with a Certificate of Entitlement to the Right of Abode, or any other person with Indefinite Leave to Remain).
• currently lives and is settled in the UK , or
• is coming to live in the UK permanently at the same time as you.

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How do I qualify to join my husband or wife?
You must show that:

• you are legally married to each other
• you both intend to live together permanently as husband and wife
• you have met each other
• together you can support yourselves and any dependants without help from public funds
• you have adequate accommodation, owned or occupied exclusively by you, where you and your dependants can live without help from public funds
• your spouse is not under 18
• you are not under 16

If your spouse has more than one husband or wife, only one will be allowed to join him or her in the UK .

You will be allowed to stay and work in the UK for two years at first. Near the end of this time, if you are still married and still intend to live together, you may apply to stay in the UK permanently.

If you and your spouse have been living together outside of the UK for four years or more, you will be allowed to stay in the UK permanently (‘Indefinite Leave to Remain’ - but see our separate leaflet on ‘Returning Residents’).

How do I qualify to join my fiancé/e in the UK ?
You must show that:

• you plan to marry within a reasonable time (usually six months)
• you plan to live together permanently after you are married
• you have met each other
• there is somewhere for you and any dependants to live until you get married without help from public funds
• you and any dependants can be supported without working or having recourse to public funds

You will be allowed to stay in the UK for 6 months with no permission to work. When you are married you may apply for a two-year extension as a spouse and, if the application is granted, you will be allowed to work. Near the end of this time you may apply to stay in the UK permanently (‘Indefinite Leave to Remain’).

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How do I qualify to join my unmarried partner in the UK?
You and your unmarried partner must show that:

• any previous marriage, or similar relationship, has permanently broken down
• you have been living together in a relationship akin to marriage for two years or more
• you have adequate accommodation, owned or occupied exclusively by you both, where you and your dependants can live without help from public funds
• you can support yourselves and any dependants without help from public funds
• you intend to live together permanently
• your partner is not under 18
• you are not under 16

You will be allowed to stay in the UK for two years at first with permission to work. Near the end of this time, if you and the sponsor are still partners and still intend to live together, you may apply to stay in the UK permanently.

If you have been living together outside of the UK in a relationship akin to marriage for four years or more, you will be allowed to stay in the UK permanently (‘Indefinite Leave to Remain’).

Can our children and other dependant relatives join us in the UK ?

What are public funds?
These are:

• Income Support/Jobseekers Allowance (JSA)
• Housing and homelessness allowance
• Housing Benefit and Council Tax benefit
• Working families tax credit
• a social fund payment
• Child Benefit
• any disability allowance

What will happen when I make my application?
The Visa Officer will check to see that he or she has all the information needed to make a decision. If more is required you will be asked to supply this. It might also be necessary for you to attend an interview in our Pretoria office. If you have not submitted your application in person, you will be contacted by telephone and a date and time arranged.

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