PARTNER AND FAMILY
Applying for permission to join, or stay with, a spouse, partner or immediately family in the Isle of Man.
In this section
Partner and Family applications
While it is a human right for spouses and families to be able to live together, there are many immigration requirements to meet before this can be achieved.
Applying for visas as the spouse, partner or child dependants of a British citizen or other person settled in the Isle of Man can be a time-consuming, frustrating and complicated business. Kinley Legal provides planning and technical legal advice to help families stay together or be reunited as quickly and straightforwardly as possible.
Applications from overseas are made online, followed by an appointment at the local British immigration agency, while applications from the Isle of Man and UK are made directly to the Isle of Man Immigration Service.
Under normal circumstances, family visa applications from overseas can take three months or more to be processed, and if a mistake has been made in the application, or a document is missing, this can mean that the application is refused, leading to a need to reapply or to submit an appeal, making the entire process take well over than six months.
The most complicated part of the process is often the financial requirement: it is necessary to evidence that you have the necessary finances to support the overseas spouse, partner or child in the Isle of Man. There is a complicated formula and only certain types of income and savings are allowable. Kinley Legal is experienced in providing an assessment for these purposes, and can assist you in ensuring that you have all the necessary documentation to show you meet the requirements.
The Isle of Man recognises both opposite-sex and same-sex marriages. In 2016, the Isle of Man advanced its law ahead of the UK, such that not only same-sex couples, but also opposite-sex couples, could form a civil partnership. Relationships of this type registered abroad are fully recognised and protected in Isle of Man immigration law.
The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption applies in the Isle of Man, to facilitate and safeguard the adoption of children from overseas. Convention adoptions, once properly registered, are recognised in immigration law.
Kinley Legal has considerable experience in relation to presenting more complicated family cases, both in initial applications and at appeal. These can include:
- EX.1 applications by people for permission to enter or remain in the Isle of Man in exceptional circumstances to be with their British or settled spouse, partner or child, even though they do not meet all the usual immigration status, financial or English requirements;
- applications by children to join their parent in the Isle of Man in special circumstances; and
- Adult Dependent Relative applications allowing dependent adults to come to the Isle of Man to be cared for by their families.
How good does my English need to be?
In order to obtain this visa initially, you must demonstrate your English level, for instance by passing an IELTS Life Skills SELT test at CEFR level A1 in speaking and listening. You will need to improve this to level A2 by the time you apply to extend your leave after two and a half years, for instance by passing an IELTS Life Skills SELT test at CEFR level A2 in speaking and listening. To obtain Indefinite Leave to Remain, usually after five years, you will need to improve this again to level B1, for instance by passing an IELTS Life Skills SELT test at CEFR level B1 in speaking and listening.
Do I need a work permit in addition to my visa?
This type of visa does not automatically exempt you from the requirement to obtain an Isle of Man work permit. However, whether or not a work permit is required will depend on the job you intend to do, and your personal circumstances. Kinley Legal can help assess whether or not a work permit is required.
I live in the Isle of Man but have overstayed on my visa, what can I do?
Speak to Kinley Legal as soon as possible, so we can assess your circumstances and the options you may have to regularise your immigration position without leaving the Isle of Man.
Do I need to pay NHS Surcharge?
No, there is no NHS Surcharge in the Isle of Man. This means that the costs of making an Isle of Man visa application are often considerably cheaper than in the UK.
Can I live in the UK on this visa?
This visa is based upon an intention to live with your family permanently in the Isle of Man, although short-term absences for work and study have been held to be allowable. Provided that you comply with the conditions of the visa, the UK recognises the right of the holder to visit the UK.
Do I need a criminal record certificate to obtain this visa?
No, but you will be required to disclose any criminal convictions as part of the visa application.
Does this category lead to ILR and British citizenship?
Yes, you and your dependants may apply for ILR after five years, and for British citizenship after a further one year. You may have the ability to apply earlier for British citizenship under certain limited circumstances: contact Kinley Legal for more information. Nationality applications can be complicated, but Kinley Legal can advise on the options based upon your circumstances.
I applied for this visa, but have been refused. Can Kinley Legal help?
Yes, contact us as soon as possible so we can discuss your options. Unlike in the UK, in the Isle of Man applicants have a full right of appeal against immigration decisions, which means that if you have wrongly been refused, an appeal can often be heard by an independent immigration judge within weeks.