We help you getting your UK Spouse and Dependent Visa in Ghana
If an applicant is the husband, wife or civil partner of a person who has settled status in the UK, they can apply to join them in the UK under this visa category. If a person wishes to join their husband, wife or civil partner who is settled in the UK, they must ensure that:
Proving the marriage
The primary requirement for an applicant to qualify for admission is proof that the applicant is married to or is the civil partner of a person settled in the UK. The applicant bears the burden to show that a marriage or civil partners has taken place. In many cases providing the marriage may not be difficult. The production of a civil or religious marriage certificate will be sufficient evidence.
If there is no such evidence or the immigration authorities doubt the authenticity of the document, it may be necessary to submit statuary declarations from the persons who performed the ceremony, and/or from friends and relatives who attended the wedding and any photographs or invitations of the ceremony.
Validity of marriage
To qualify for admission as spouse, the applicant must show that the marriage is recognised as valid under English law. A legal marriage is one that is registered with the official registrar of the place where the marriage ceremony took place. The official registrar/local authority usually issues a marriage certificate as proof of the marriage.
A polygamous marriage may be recognized in English law, but only one spouse in the polygamous marriage is permitted to enter the UK.
Adequate accommodation for the couple under the Immigration Rules must be:
The rules require the accommodation to be exclusively available to the couple. In this sense the exclusive occupation of a room in a shared house is adequate. It is not therefore necessary for the accommodation to be exclusively occupied by the parties. Thus, it is acceptable for a husband to join his wife in her parent’s household provided they have a room exclusive to their use. Evidence in proof of adequate accommodation may be:
Adequate maintenance is maintenance without recourse to public funds, accepted as being a prohibition on additional public funds. This means that:
English language requirement
An applicant satisfies the language requirement if any of the following additions apply:
If an applicant is a national of a majority speaking country the production of a passport or an acceptable travel document is proof of nationality. For the English language test the applicant must provide a certificate of the award which must clearly show:
Where the applicant relies on an acceptable degree taught in English in satisfaction of the maintenance requirement they must provide an original certificate of the award which must clearly show:
Intention to live together permanently
This requirement is defined in the Immigration Rules as an intention to live together evidenced by a clear commitment from both parties that they will live together permanently in the UK immediately following the outcome of the applicant in question or as soon as circumstances permit thereafter. The intention must thus exist at the date of the decision on the application. Therefore, if a couple intended to live together at the date of the marriage, but the relationship broke down by the time the visa application was decided, the requirement will not be satisfied. It is very difficult to prove a person’s intention so an actual period of cohabitation is the best way to prove that a couple intends to live together. This of course may be difficult when the parties live in different countries.
Where a couple have only spent a short period of time together because one partner is overseas evidence of contact becomes increasingly crucial. Generally, this requirement may be satisfied by proof of correspondence (letters, emails, phone conversations, etc) photos, and evidence of period of time spent together. There could also be a letter or statement from both parties formally declaring that they are married partners and intend to live together at a given address which is owned or occupied by the sponsor in the UK.
Relationship is genuine and subsisting
This requirement is almost synonymous with the preceding requirement. Generally the production of the following evidence will show that the relationship is genuine and subsisting:
Leave may be granted for 33 months, with a further leave to remain for 30 months. This is the 5-year probationary period. On completion of this probationary period, the sponsor or partner can apply for settlement in the UK and must show that:
Unmarried partners can enter the UK to join a partner who is present and settled in the UK with the same requirement to be met as those for a spouse or civil partner will some additional specific requirements which are that:
Provided that a child is under 18 years of age and both parents are settled in the UK, the rules are relatively straightforward. Children cannot normally come to settle in the UK unless both parents are settled or have been given permission to settle in the UK except where:
Sole responsibility test
In addition to the single parent requirement the UK settled parent must also establish the following:
To be eligible, the applicant must show that: