Q&As

Where a couple gets married in the UK (under the fiancé route in Appendix FM) and shortly after, the main applicant returns to their country of origin for the purposes of work, would this be an issue for the spouse visa application? The main applicant will not be living with the UK sponsor on the date of the application.

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Published on LexisPSL on 15/01/2021

The following Immigration Q&A provides comprehensive and up to date legal information covering:

  • Where a couple gets married in the UK (under the fiancé route in Appendix FM) and shortly after, the main applicant returns to their country of origin for the purposes of work, would this be an issue for the spouse visa application? The main applicant will not be living with the UK sponsor on the date of the application.

Where a couple gets married in the UK (under the fiancé route in Appendix FM) and shortly after, the main applicant returns to their country of origin for the purposes of work, would this be an issue for the spouse visa application? The main applicant will not be living with the UK sponsor on the date of the application.

For the purposes of this Q&A, the applicant needs to apply for a spouse visa from outside the UK, where they are currently present.

As set out in Practice Note: Partners applying for entry clearance under Appendix FM: eligibility table, when applying for entry clearance as a spouse, the applicant would need to meet the requirements in the Immigration Rules, Appendix FM, Section EC-P.

One of these requirements is that the applicant and the sponsoring partner must intend to live together permanently in the UK. This often overlaps with other relationship requirements such as the sponsoring partner being resident, present and settled in the UK, and that the relationship must be genuine and subsisting. For further information, see Practice Note: Partners: the relationship requirements. ‘Intend to live together permanently in the UK’ is defined in Immigration Rules, Introduction, para 6 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

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