PARTNER AND FAMILY
Applying for permission to join, or stay with, a spouse, partner or immediate 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, the immigration requirements can often make this complicated.
Applying for visas as the spouse, partner, child or other family member of a British citizen or settled person can be a time-consuming and confusing business. Kinley Legal provides planning and technical legal advice to help families stay together or be reunited as quickly and straightforwardly as possible.
You can make an application from overseas online, followed by an appointment at the local British immigration agency. If you are already in the Isle of Man or UK, the application is made directly to the Isle of Man Immigration Service.
Under normal circumstances, the authorities can take three months or more to process family visa applications from overseas. If you make a mistake is made in the application, or a document is missing, this can mean that the application is refused. This may in turn lead to a need to reapply or to submit an appeal, making the entire process take well over than six months. We help to avoid such a delay.
The most complicated part of the process is often the financial requirement. You must show that you have the necessary finances to support your spouse, partner or child in the Isle of Man. There is a complicated formula which only takes account of certain types of income and savings. Kinley Legal is experienced in assessing financial evidence, and can help ensure that you have all the necessary documentation to show you meet the requirements.
Legal recognition for overseas relationships
The Isle of Man recognises both opposite-sex and same-sex marriages. Both opposite-sex and same-sex couples can form a civil partnership. Isle of Man immigration law recognises and protects relationships registered in other countries. The immigration system also makes allowances for couples who have lived together but have not married or formally registered a civil partnership.
The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption applies in the Isle of Man. The Convention facilitates and safeguards 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:
- applications to enter or remain in the Isle of Man in exceptional circumstances with a British or settled spouse, partner or child, where you do not meet all the usual immigration status, financial or English requirements;
- applications by children to join a 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.
Dependants of visa holders
Kinley Legal also regularly helps family members of people who have limited leave to remain in the Isle of Man. These can include the partner and child dependants of people holding leave as Investors, Innovators, Workers, Students and Representatives of overseas businesses.
I called Kinley Legal a few years ago, with only the vaguest idea that I needed a visa to move to be with my husband. They talked me through the options, got my immigration status sorted out, and helped me set up my limited company once I had moved. Having someone to guide me through the processes saved me from a lot of expensive mistakes.
I would just like to say a really big and warm thank you for all that you have both done over the last few months. My wife and I are absolutely thrilled with the result. It is very difficult to put into words what this means to us both. It has been such a long road and it has tried our strength and love to the ends of the earth. As soon as I met Christopher I had a good feeling about you, you gave us hope and at the same time clarity in your approach to how you would handle our case.
Immigration issues can be very tricky, complicated and hard to understand due to legal terminology. If you are have an immigration issue, I would highly recommend Kinley Legal. They handled all my immigration queries from day one when I did my initial visa application and up to my visa application renewal this year. Kinley Legal team is friendly, understanding, reliable and their fees are reasonable.
I was very satisfied with the result and the professional assistance Kinley Legal offered. Leah and Christopher arranged a face-to-face meeting with me to know my situation and planned a series of steps in order to expedite my wife’s application. Every time I had questions or concerns, I was given reassurance that I could contact Kinley Legal anytime through e-mail and this was really helpful. Kinley Legal's work meant the immigration officer did not have any questions regarding our paperwork.
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.