If you are on a student visa and considering marrying someone in the UK, you may wonder whether this allows you to stay in the UK permanently.
Can you get married on a student visa?
Yes, you can marry or enter a civil partnership while on a student visa in the UK. However, you must ensure that you comply with the necessary legal requirements. You will need to give notice at a designated registry office, and the Home Office may carry out a check to confirm the marriage is genuine. If you are marrying someone who is settled in the UK (i.e. has Indefinite Leave to Remain), holds status under the EU Settlement Scheme or has British/ Irish citizenship, this could provide you a pathway to remain in the UK.
Can you stay in the UK after marriage?
Marrying a British citizen or a person with settled status does not automatically grant you the right to stay in the UK permanently. You will need to apply for a visa under the spouse or dependent partner category.
Switching to a spouse visa
If you wish to stay in the UK permanently after marrying a British citizen or a settled person, you must apply for a Spouse visa. To be eligible, you must meet the following requirements:
- Your spouse or partner must be a British citizen or have indefinite leave to remain (ILR) or settled status.
- You must prove that your relationship is genuine and subsisting.
- You must meet the financial requirement.
- You must demonstrate proficiency in the English language unless you are exempt.
- You need to provide evidence of adequate accommodation in the UK.
Switching to a dependant partner visa
If you are in a relationship with someone who is in the UK on a Skilled Worker visa, Student visa, or some other specific types of visas, you may be eligible for a PBS Dependant Partner visa. This visa allows you to stay in the UK for as long as your partner’s visa remains valid.
Can you apply for indefinite leave to remain (ILR)?
A Spouse visa is typically granted for 30 months, with the option to apply for an extension of another 30 months. After completing five years on a Spouse visa, you may be eligible to apply for Indefinite Leave to Remain (ILR), which grants you the right to stay in the UK permanently. Dependent partners on holders of other specific visas may also qualify for ILR at the same time as the primary visa holder, provided they meet all the requirements.
Other considerations
- If your student visa is close to expiring, ensure you apply for a Spouse or Dependant Partner visa before your current visa runs out to avoid overstaying.
- If you cannot switch visas from within the UK, you may need to return to your home country to apply for a Spouse or Dependent Partner visa.
- If you do not qualify for a Spouse or Dependent Partner visa, alternative routes such as a Skilled Worker visa or post-study options may be available.
Updated: 21 February 2025
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The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
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