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Partner of a British citizen or settled person

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Suitability

This page sets out the suitability requirements for applying to enter or stay in the UK as the family member of a person who is a British citizen, settled in the UK, or in the UK with refugee leave or humanitarian protection.

This information is based on Appendix FM of the immigration rules.

Suitability for entry or extension applicants

Your application for entry or permission to stay in the UK as a family member will be refused if:

  • the Home Secretary has decided that it would be in the public interest for you to be excluded from the UK;
  • you are the subject of a deportation order;
  • it is in public interest to exclude you from the UK because you have been sentenced to more than 12 months in prison if your conviction is not yet spent under the Rehabilitation of Offenders Act 1974;
  • it is in the UK's public interest to exclude you from the UK because of your character, conduct, associations, or other reasons;
  • you have not attended an interview, provided information, had a medical examination or produced a medical report when asked to do so;
  • there are medical reasons why you should not be allowed to enter the UK;
  • you have provided false information or documents or not told us relevant information;
  • you have NHS charges of more than £1000 that have not been paid; or
  • you have not provided a maintenance and accommodation undertaking that we requested.

Suitability for settlement

Your application for settlement in the UK as a family member will be refused if:

  • you are the subject of a deportation order;
  • your presence in the UK is not in public interest because you have been sentenced to more than 4 years in prison;
  • your presence in the UK is not in public interest because you have been sentenced to more than 12 months but less than 4 years in prison, unless it is more than 15 years since the end of your sentence;
  • your presence in the UK is not in public interest because you have been sentenced to less than 12 months in prison, unless it is more than 7 years since the end of your sentence;
  • in the last 2 years you have been convicted of or admitted to an offence that is recorded on your criminal record;
  • your presence in the UK is not in public interest because your offending has caused serious harm or you are a persistent offender who has shown particular disregard for the law;
  • your presence in the UK is not in public interest because of your character, conduct, associations, or other reasons;
  • you have not attended an interview, provided information, had a medical examination or produced a medical report when asked to do so;
  • you have provided false information or documents or not told us relevant information;
  • you have NHS charges of more than £1000 that have not been paid; or
  • you have not provided a maintenance and accommodation undertaking that we requested

See also

  • Read our instructions for UK Border Agency staff - Chapter 8 Appendix of the immigration directorate instructions

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    Terms explained

    • Spent

      Convictions for criminal offences may become 'spent' after specified periods of time from the date of conviction if there are no further convictions during that time. Spent convictions will  be disregarded for certain purposes. They will not normally be taken into account when assessing whether someone is of good character. Convictions that are not yet spent are known as unspent convictions and will be taken into account when assessing good character.

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