The Spouse or Unmarried Partner Visa for the Channel Islands (Bailiwicks of Jersey and Guernsey) or the Isle of Man offers many advantages.
Not only are there no work restrictions on the visa holder, but the criteria to qualify are less strict than those of the mainland UK spouse and unmarried visas.
Holders of these visas also have the very promising prospect of looking at obtaining British citizenship.
Breytenbachs have a team of experts who deal with Immigration to the Channel Islands and the Isle of Man. We will gladly assist and guide clients who want to apply for this very advantageous visa.
How to qualify for the Spouse/Unmarried Partner Visa?
To qualify for a Spouse/Unmarried Partner Visa, you must show you are married to a person present and settled on the specific island. Or who is currently admitted for settlement.
The following types of relationships are considered for the Settlement Visa in any of the islands: Married or Civil Partners, persons living together in a relationship akin to marriage for longer than two years, and persons engaged to be married or become civil partners.
You must be 18 years of age or older.
Previously, to be eligible as an unmarried partner, couples had to demonstrate two years of cohabitation in a relationship akin to marriage or civil partnership. However, effective January 31, 2024, the requirement for two years of cohabitation has been removed from the Immigration Rules.
The revised definition now focuses on the duration and nature of the relationship itself rather than solely on cohabitation. Couples seeking an Unmarried Partner Visa must prove they have been in a genuine and subsisting relationship similar to marriage or civil partnership for at least two years before the visa application date. It’s essential to note that the revised criteria do not diminish the significance of cohabitation as a compelling indicator of a genuine relationship. Although no longer mandatory, evidence of cohabitation can strengthen the case and enhance credibility in the eyes of immigration authorities.
Although marriage is not a requirement, the relationship must be real, similar to marriage.
You must also show that you intend to live permanently with your spouse/partner. Your marriage or relationship must be subsisting and genuine.
The Financial Requirement
The spouse visa financial requirements for the Isle of Man, specifically, are identical to those of the UK.
The spouse visa financial requirements for Jersey and Guernsey are different. If you wish to apply for a Spouse/Unmarried Partner Visa for Jersey or Guernsey, you must prove that you can adequately maintain and accommodate yourself and your family.
Adequate maintenance is calculated by taking the weekly amount that a family of your size could have received in Income Support Benefits in the UK and multiplying this amount by the number of weeks your visa will be valid. You also must add your weekly accommodation costs to this calculation.
The adequate maintenance and accommodation requirements can be met either through one or two job offers (in the names of the applicant or the sponsor or both the applicant and the sponsor), or these requirements can be met through cash savings.
It can be tricky to prove adequate maintenance and accommodation requirements. Fortunately, your Breytenbachs consultant will assist you in preparing the necessary documents for your application.
Length of Stay
The partner will be subject to a five-year probationary period for settlement to test the genuineness of the relationship. Your initial Spouse/Unmarried Partner Visa will only be valid for 2.5 years. Thereafter, you can apply to extend your visa for a further 2.5 years.
Right to Work
One of the biggest advantages is that there are no work restrictions for the spouse on any of the islands.
However, your employer in one of the Channel Islands must apply for a Confirmation of Employment, or internal Work Permit before you can take up employment on your Spouse Visa.
Indefinite Leave to Remain
Once you have completed five years on one of the islands, you will be eligible to apply for Indefinite Leave to Remain for the specific island and the UK.
After obtaining the status of Indefinite Leave to Remain, you should be able to apply for British Citizenship.
How Breytenbachs can help you
Please contact us if you want to apply for a visa for the Channel Islands or the Isle of Man.
Breytenbachs will guide you through the intrinsic process of applying and help you plan your route to citizenship.
Contact our dedicated team of consultants today!
