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• Section A General questions
• Section B Questions on specific provisions
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• Section D Table on transposition

Spouses

The Immigration Rules allow spouses of those settled in the United Kingdom to be admitted (subject to requirements). The provisions are set out in the Immigration Rules paras. [277-283] for individuals not yet in the United Kingdom and in paras [284-286] for those already in the United Kingdom.

Where a spouse is not settled in the United Kingdom, the rules sometimes allow admission for limited periods. The Immigration Rules allow for the admission of the spouses of people in the following categories:

• work permit holders
• highly skilled migrants
• science and engineering graduates
• representatives of overseas news media
• sole representatives
• private servants in diplomatic households
• domestic workers in private households
• overseas government employees
• ministers of religion, missionaries and members of religious orders
• airport-based operational ground staff of overseas-owned airlines
• persons with UK ancestry
• business persons
• innovators
• investors
• writers, composers and artists
• retired persons of independent means

In addition, the spouses of students are allowed to be admitted for the same period as that of the student. The relevant rules are 76-81.

Minor children

The main rules relating to children are dependent on whether the child is a) joining or staying with both parents who are settled in the United Kingdom or accompanying parents who are coming for settlement [paras 297-300] or b) coming to join one parent in the UK or accompanying one parent for settlement [297(e)-(f) and 298(i)(c)-(d)]. (The Rules for one parent bringing a child to the UK hinge on whether that parent had sole responsibility for the child which can be a very onerous test to fulfil.)

The other main category is children accompanying or joining parents who are in the UK with limited leave [paras 197-199 ] All the categories in the list set out under the heading spouse above would be able to bring in children under the age of 18, provided that they are unmarried, that they have not formed an independent family unit, will be adequately maintained and accommodated without recourse to public funds and they will not remain in the United Kingdom for longer than the leave given to their parents. (Please note that there is a concession for children over the age of 18 of work permit holders as intra company transferees).

In addition, the Immigration Rules provide for children joining or staying with a person in the UK who is not their parent [para 297(i)(f)] and adopted children [309A-316]

• The appropriate fee
• A valid passport or travel document which has more than six months still to run
• Passport sized photo
• Evidence to substantiate information given, including about their own or their sponsors income, finances and accommodation.

• birth certificate
• marriage certificate (if you are married) or your civil partnership certificate (if you have registered a civil partnership)
• sponsors birth certificate
• recent statements or letters from the sponsors UK employer, bank, local authority or building society to show what support and accommodation will be available for the applicant in the UK
• letters from the applicant and the sponsor that are relevant to your application
• if either of the parties have been married or in a civil partnership before, one of the following documents:
  • a divorce certificate
  • a final dissolution order, or
  • husband's, wife's or civil partner's death certificate
• evidence that the sponsor is settled in the UK. (This can be a copy of the passport or registration certificate that has been confirmed as a true copy, in other words certified)

The guidance for entrance as a child states the following:

Provide all the documents you can to show that you qualify for entry to the UK to live with relatives. If this is not done the application. May be refused. As a guide, the following should be included:

• evidence that the sponsor (the relative you are applying to join) is settled in the UK, such as a certified copy of their passport or registration certificate, and
• recent statements or letters from the sponsor's UK employer, bank, local authority or building society to show the support and accommodation that the applicant will have in the UK.

• the persons age;
• their length of residence in the UK;
• their strength of connections with the UK;
• their personal history, including character, conduct and employment record;
• their domestic circumstances;
• the nature of any offence of which the person has been convicted;
• the persons previous criminal record;
• any compassionate circumstances
• any representations made on the persons behalf.

Accomodation can be shared with other members of a family provided that at least part of the accommodation is for the exclusive use of the sponsor and his dependants. The unit of accommodation may be as small as a separate bedroom but:

• must be owned or legally occupied by the sponsor;
• its occupation must not contravene public health regulations; and
• its occupation must not cause overcrowding as defined in the Housing Act, 1985.

The table below sets out the permitted number of people:

An additional two persons are allowed for each room in excess of five.

Children under the age of one do not count and children aged between one and ten years only count as half a person.

If the sponsor is on limited leave to remain, the dependants will be granted leave in line (ie the same length of leave) with the sponsor. [An exception to this is unmarried partners, where the applicant would initially be granted a two year period and then leave in line. The sponsor would then become eligible for indefinite leave after five years in the UK.

The other category of people who are able to remain are those whose relationship breaks down because of domestic violence during the probation period (paras 289-289C). The applicant has to show that they were granted leave to join a spouse or partner settled in the UK, they were in a subsisting relationship at the beginning of the probationary period and they are able to provide evidence that the relationship has permanently broken down before the end of the probationary period as a result of domestic violence.

In relation to children there are no provisions about a breakdown of relationship.

The Immigration and Asylum Act 1999 gives immigration officers wide ranging powers in relation to search, entry and seizure in dealing with immigration offences. These powers would be exercisable more widely than just if there was a suspicion of fraud or marriage of convenience. In addition the Home Office or entry clearance post could request that the applicant (and if it is an in country application, the sponsor) be interviewed.

• correct transposition
• no transposition
• violation of the Directive
• unclear