# UK Marriage Visa exemptions



## gabba (Jul 31, 2012)

Please does anyone know of any exemptions at all to the new marriage visa requirements for the UK. Can't see any details on the UKBA website. Trying to find a way around these draconian rules so that me and my wife can live together like human beings used to be able to do. Would appreciate any thoughts, advice, ideas.


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## 2farapart (Aug 18, 2011)

The only official exemptions seem to be as follows:



> 168. An applicant whose sponsor is in receipt of any of the following disability-related benefits or Carer’s Allowance will be exempt from the financial requirement in respect of that application stage:
> 
> • Disability Living Allowance.
> • Severe Disablement Allowance.
> ...


I wish I had better news. I did look into some other way (e.g. applying as student) and staying for the length it would take to be eligible to apply for British Citizenship, but you have to have been free from immigration controls for the prior 12 months in order to do this.

So, unless the above exemptions apply, I can't see any other way around the financial or savings requirement. I'm really sorry.


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## Joppa (Sep 7, 2009)

2farapart said:


> The only official exemptions seem to be as follows:
> 
> 
> 
> ...


There are a few.
1) Using European regulations. If your British spouse/partner were to get a job in another EU/EEA country, like France, and you both go and live there for a length of time (unspecified but a minimum of 6 months would be a sensible guide), then you can apply for EEA family permit to come to UK with your spouse, bypassing UK spouse visa rules (called Surinder Singh judgement). There is no financial requirement if you are both coming to UK together, the permit is issued free and you can apply for a five-year residence card after arrival, giving you a proof of the right to work. After 5 years you can apply for settlement (permanent residency).
2) Appealing under the human rights legislation for the right to family life. Now the government is clamping down on the ability of UK courts to interfere in immigration decisions, but some lawyers think the government's new tough lines may not stand the scrutiny of the courts. This is a long shot and something I don't recommend.
3) If you are of a nationality that is eligible for ancestry visa (i.e. a Commonwealth citizen with UK-born grandparent), it allows you to live and work in UK for 5 years, and then settle. 
4) If your nationality is eligible for Tier 5 youth mobility scheme visa and you are aged up to 30, you can live and work in UK for 2 years, and when you then apply for further leave to remain as spouse, your joint income can be taken into account. This will also work if you manage to get a sponsored work visa under Tier 1 or Tier 2 - easiest if you can be transferred by your employer to its UK operations or subsidiary (intra-company transfer). While this doesn't get you round spouse visa rules, it will be easier to meet the financial requirement because joint income can be considered.
5) If you can get another EU nationality through ancestry (Ireland, Greece, Italy etc, as they have relatively liberal nationality laws), you will have the right to live and work in UK (EU treaty rights). If you are from Ibero-America, the Philippines and a few other countries (native born) and you live (with a visa) for 2 years in Spain, you become eligible for Spanish citizenship. Then as EU national you will have the right to live in UK.


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## gabba (Jul 31, 2012)

*Shanghai'd by new rules*

Thanks for taking the time to post a reply to my thread. Looks like I might be moving to Shanghai.


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