Does Marrying a British Citizen Allow You to Live in the UK?
Dr Bernard Andonian
Discover the requirements and pathways for residency in the UK after marrying a British citizen in 2024. Expert guidance from Gulbenkian Andonian Solicitors.
https://www.gulbenkian.co.uk/wp-content/uploads/2021/03/cropped-favicon-32x32.png
Gulbenkian Andonian Solicitors
In this article, our UK immigration lawyers in London provide insights into how you can secure residency rights in the UK through marriage to a British citizen or someone with established UK status through the Spouse Visa route.

Marriage and Residency Rights in the UK

A common misinterpretation is that UK settlement through marriage automatically grants the right to live in the UK. However, this is not the point, regardless of the duration or commitment level of your union. Many couples wrestle with this reality, believing that as British national, they can live with their chosen partners in the UK. While British citizens or individuals with settled status have residency rights, their spouses or partners who are subject to UK immigration controls do not automatically share these rights.

There are, however, pathways to UK entry clearance that hinge on your relationship, such as the spouse or family visa. It’s crucial to note that a marriage certificate or relationship evidence alone does not guarantee a spouse or partner visa. You must satisfy all eligibility criteria to secure a spouse visa.

Our immigration lawyers emphasise that not all individuals meet the necessary criteria for a spouse visa. Various circumstances, such as a partner in a low-income job, can prevent the spouse from fulfilling the financial requirements of the spouse visa. In such instances, other options like a student, graduate, or skilled worker visa may be feasible, depending on personal circumstances.

To improve your chances of uniting with a British spouse in the UK, it’s advisable to seek early expert advice on the most suitable visa for your situation and objectives.

You can contact our team at Gulbenkian Andonian Solicitors for guidance on Applying for a UK Spouse Visa at +44 20 7269 9590 or send us a message through our contact form.

Implications for EU Nationals Married to British Citizens

EU nationals may assume they are exempt from UK immigration rules and spouse visas, which could be true under certain conditions. If you relocated to the UK prior to the termination of the free movement policy on December 31, 2020, and successfully applied for either settled or pre-settled status via the EU Settlement Scheme, these immigration rules may not be applicable to you. However, for those who migrated to the UK post this cut-off date, UK immigration laws would be in effect and you will need to follow the standard Spouse Visa route procedure.

British Citizenship Through Marriage

Tying the knot with a British citizen or an individual with settled status in the UK does not provide a direct path to acquiring British citizenship. The initial step involves applying for a spouse or family visa, followed by fulfilling the necessary residency criteria and other eligibility prerequisites to apply for Indefinite Leave to Remain status (ILR). Securing ILR status doesn’t equate to becoming a British citizen. You must undertake a separate application procedure to attain British citizenship.

The advancement from marriage to British citizenship can be a complicated and lengthy procedure, and its complexity can vary based on your individual circumstances. Not every person who marries and migrates to the UK seeks to become a British citizen. Some individuals consider ILR status to be adequate, given that it endows them the freedom to reside and work in the UK for an unlimited period.

From Marriage to British Nationality: Steps to Follow

The journey from marriage to becoming a British citizen typically includes four key stages. Each stage has its own individual set of requirements, which makes it vital to get in touch with an immigration expert from the very start so you can gain a thorough understanding of the process and boost your chance of eventually acquiring British citizenship. Let’s understand each of these stages a bit more:

1. Initiating a Spouse Visa Application

The foremost stage of this approach concerns the foreign spouse submitting an application to the UK authorities. The aim of this application is to obtain authorisation to reside in the UK alongside their British partner. It’s necessary to provide a variety of documents with this application to substantiate the legitimacy of the marriage, to demonstrate the couple’s financial stability which are part of spouse visa UK requirements 2024, and to confirm their joint plan to establish residence in the UK.

As per the latest updates from the UK government, the financial threshold for all family visas is £29,000 as of April 11th 2024, with a further increase to £34,500 later in 2024 and then to 38,700 by the start of 2025. Ensure you’re up-to-date with these changes by visiting our family visa financial requirements page or by contacting our office directly.

2. Filing for an Extension to Lengthen the Duration of the Spouse Visa

The initial spouse visa usually has a validity of 2.5 years. Close to the end of this period, an application must be submitted to extend the visa for another 2.5 years. This step requires demonstrating the continuity of the relationship and meeting the same criteria as the initial spouse visa application.

3. Applying for Indefinite Leave to Remain (ILR)

After 5 years of residing in the UK on a spouse visa, you are eligible to apply for Indefinite Leave to Remain (ILR). The Indefinite Leave to Remain process requires you to demonstrate a basic knowledge of life in the UK and your English language proficiency, along with evidence of continued marital relationship and financial stability. You also need to meet the residency requirement for ILR, which includes not being outside the UK for more than 180 days in a 12-month period during the 5-year period.

4. Submitting an Application for British Citizenship

The final stage in this process is applying for British citizenship:

Apply for British citizenship 12 months after obtaining ILR (if the relationship is still intact).

Meet “good character” requirement: no serious criminal record and no deception towards the UK government.

Understand residency requirements for ILR and how overseas stays impact it.

Consider consulting an immigration expert for tailored guidance.

How Gulbenkian Andonian Solicitors Can Help You

Navigating the challenges of immigration law can be a challenging task. That’s where we at Gulbenkian Andonian Solicitors come in. Our renowned firm stands ready to provide you UK immigration legal advice.

Our specialist team of dedicated spouse visa solicitors has a wealth of experience handling spouse and partner visa cases. We have a lot of experience and are ready to help, even if you’ve had trouble getting a spouse visa before.

Get in touch with us to discover more about the services we offer.