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Spouse or Civil Partner of a Settled Person

GuernseyFamily

Explore the five recorded questions, answers and sources for this pathway.

Official link

Which family relationships qualify?

Leave to enter with a view to settlement as the spouse of a person present and settled in the Bailiwick, or who is on the same occasion being admitted for settlement, under Appendix A.

See recorded sources
Limits of the record
  • Consolidated text published by the Guernsey Law website; the site states it is not authoritative and has no legal effect.
  • Appendix A uses the term 'spouse' throughout; it contains no separate civil partner category, and none was found in this consolidated text.

Who may sponsor or bring the family member, and what immigration/citizenship status must that person hold?

The applicant must be married to a person present and settled in the Bailiwick or being admitted for settlement on the same occasion and must meet one of the seven English language routes in items (i) to (vii): an approved speaking and listening test at or above level A1 of the Common European Framework of Reference, being aged 65 or over, a physical or mental condition, exceptional compassionate circumstances, nationality of a majority English speaking country, or a recognised degree-level qualification; the parties must have met, and each must intend to live permanently with the other as spouse with the marriage subsisting.

See recorded sources
Limits of the record
  • Consolidated text published by the Guernsey Law website; the site states it is not authoritative and has no legal effect.
  • Appendix A uses the term 'spouse' throughout; it contains no separate civil partner category, and none was found in this consolidated text.
  • Guernsey — Immigration (Bailiwick of Guernsey) Rules 2008 (consolidated), Spouse or Civil Partner of a Settled Person
    (a) the applicant is married to a person present and settled in the Bailiwick of Guernsey or who is on the same occasion being admitted for settlement, and meets the requirements of one or more of items (i) to (vii) below – --- (i) the applicant provides an original English language test certificate in speaking and listening from an English language test provider approved by the Lieutenant Governor, which clearly shows the applicant's name and the qualification obtained (which must meet or exceed level A1 of the Common European Framework of Reference), or (ii) the applicant is aged 65 or over at the time he makes his application, or (iii) the applicant has a physical or mental condition that would prevent him from meeting the requirement in item (i), or (iv) there are exceptional compassionate circumstances that would prevent the applicant from meeting the requirement in item (i), or (v) the applicant is a national of a majority English speaking country, or (vi) has obtained an academic qualification (not a professional or vocational qualification), which is deemed by UK NARIC to meet the recognised standard of a Bachelor's or Master's degree or PhD in the UK, from an educational establishment in one of the following countries: Antigua and Barbuda; Australia; The Bahamas; Barbados; Belize; Dominica; Grenada; Guyana; Ireland; Jamaica; New Zealand; St Kitts and --- Nevis; St Lucia; St Vincent and The Grenadines; Trinidad and Tobago; the UK; the USA, or (vii) the applicant has obtained an academic qualification (not a professional or vocational qualification) which is deemed by UK NARIC to meet the recognised standard of a Bachelor's or Master's degree or PhD in the UK, and UK NARIC has confirmed that the qualification was taught or researched in English, and (b) the parties to the marriage have met, and (c) each of the parties intends to live permanently with the other as his or her spouse and the marriage is subsisting, and

What is important for proving marriage, partnership, parentage, custody, dependency or another qualifying relationship?

The applicant must be married to the sponsor, the parties must have met, and each must intend to live permanently with the other as spouse, with the marriage subsisting. The official source does not state which documents prove the marriage.

See recorded sources
Limits of the record
  • Consolidated text published by the Guernsey Law website; the site states it is not authoritative and has no legal effect.
  • Appendix A uses the term 'spouse' throughout; it contains no separate civil partner category, and none was found in this consolidated text.

What important financial, accommodation, insurance or maintenance responsibilities apply?

No amount is fixed: there must be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively, and the parties must be able to maintain themselves and any dependants adequately without recourse to public funds. The official source does not state an insurance requirement.

See recorded sources
Limits of the record
  • Consolidated text published by the Guernsey Law website; the site states it is not authoritative and has no legal effect.
  • Appendix A uses the term 'spouse' throughout; it contains no separate civil partner category, and none was found in this consolidated text.

How does the application work at a high level, what rights does the family member receive, how long does the status last, and how can it become independent or longer-term where officially stated?

The applicant may be admitted for an initial period not exceeding 33 months. Indefinite leave to remain requires that the applicant was admitted or given leave to remain under paragraphs 5 to 13 of Appendix A and has completed a period of 60 months as the spouse of a person present and settled in the Bailiwick.

See recorded sources
Limits of the record
  • Consolidated text published by the Guernsey Law website; the site states it is not authoritative and has no legal effect.
  • Appendix A uses the term 'spouse' throughout; it contains no separate civil partner category, and none was found in this consolidated text.
  • Initial leave to enter is for a period not exceeding 33 months under paragraph 6 of Appendix A; that is not covered by this citation.

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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