Whether or not people who are not settled but are working or studying in the UK can bring family members with them depends on the basis of their stay in the UK. European Union (EU) nationals benefit from special provisions.

Spouses/Civil Partners

If you are settled in the UK (with Indefinite Leave to Remain (ILR) or British Citzenship) your partner can apply to come to UK. You will need to show that the relationship is genuine, that you and your partner intend to live permanently together, and that your partner can be supported in the UK without needing to rely on State benefits.

It has been necessary to obtain a Certificate of Approval (CoA) from the Home Office  before a marriage or civil partnership ceremony involving at least one person who is not British, settled in the UK or a national of an EU member State, can take place in the UK.  The UK Court of Appeal in May 2007 declared the existing Certificate of Approval regime to be unlawful and Hme Office decisions on further appeals and changes as a result of this are awaited.

If your application is successful, your partner will be given leave to enter or remain in the UK for a probationary period, at the end of which, provided that you are still together, he or she can apply for settlement (Indefinite Leave to Remain) in the UK. In the longer term your partner can apply for British Citizenship, although this is not obligatory.

Whether or not people who are not settled but are working or studying in the UK can bring their spouses or civil partners with them depends on the basis of their stay in the UK. European Union (EU) nationals benefit from special provisions.

Unmarried/Same-sex Partners

People who are in a long-term relationship but are not married or in a civil partnership can make an application to come to the UK to join their unmarried partner. The requirements are similar to those for married couples and civil partners, but in addition it is necessary to show how long you have been living together. Two years is the minimum requirement but in some cases four years must be shown.

If the application for leave on the basis of marriage or a civil partnership is successful your partner will be granted leave for a probationary period and, at the end of this period, provided that you are still together, will be able to apply for Indefinite Leave to Remain (ILR) and ultimately for British Citizenship.

Whether or not people who are not settled but are working or studying in the UK can bring unmarried partners with them depends on the basis of their stay in the UK. European Union (EU) nationals benefit from special provisions.

Dependent Children

If you are settled (have Indefinite Leave to Remain - ILR or are a British Citizen) in the UK you can apply for your children, including adopted children, to join you here. You will need to meet requirements including providing evidence of the relationship and evidence that your child can be supported without relying on State benefits. The procedures for adoption cases vary according to the country in which the adoption took place.

Children under 18 must be unmarried and not leading an independent life. If both parents are not in the UK it will be necessary to provide evidence as to why the child should join you in the UK, rather than stay with their other parent. While it is possible to bring children over 18 who are not living an independent life to the UK, it is very much more difficult: you will need to show that the child is dependent on you or on other relatives in the UK, and that there are exceptional, compassionate circumstances, for example a disability.

Whether or not people who are not settled but are working or studying in the UK can bring their children with them depends on the basis of their stay in the UK and this also affects the position of children born while they are here. EU nationals benefit from special provisions.

Other Relatives

It is possible, but not easy, for people who are settled (have Indefinite Leave to Remain (ILR) or are British Citizens, to bring relatives other than spouses, civil partners or unmarried partners, or dependent children under 18, to join them in the UK. In addition to proving the relationship and showing that the relative can be supported without relying on State benefits, you will need to show that there are special circumstances including financial and emotional dependency upon you. Special provision is made for parents and grandparents over 65: while it is still not simple to bring them to the UK it is less difficult than for other, or younger, relatives. European Union (EU) nationals benefit from special provisions.