UK Fiance Visa

UK Fiance Visa

The UK Fiance Visa is intended for individuals who are engaged to British or Irish citizens, individuals who have settled status in the UK, individuals with pre-settled status, individuals with a Turkish Businessperson or Turkish Worker visa, and individuals with refugee status or humanitarian protection. This visa allows them to enter the UK and get married within 6 months of their arrival. To apply for a UK Fiance Visa, it is necessary to submit the application while being physically present outside the UK.

UK Fiance Visa

The UK Fiance Visa is intended for individuals who are engaged to British or Irish citizens, individuals who have settled status in the UK, individuals with pre-settled status, individuals with a Turkish Businessperson or Turkish Worker visa, and individuals with refugee status or humanitarian protection. This visa allows them to enter the UK and get married within 6 months of their arrival. To apply for a UK Fiance Visa, it is necessary to submit the application while being physically present outside the UK.

The UK Fiance Visa does not directly result in permanent residency in the UK. After being married in the UK, you can apply for an extension of your stay on the Spouse visa route from within the UK. The UK Spouse Visa might result in obtaining indefinite leave to remain or settlement in the UK after a duration of 5 years.

UK Fiance Visa Requirements

To be eligible for a UK Fiance Visa, you must demonstrate to UK Visas and Immigration that you fulfil the following criteria:

  • If your partner is either British or Irish, residing in the UK, and has been given pre-settled status, has a Turkish Businessperson or Turkish Worker visa, or has been awarded refugee status or humanitarian protection, they meet the criteria.
  • Both of you are above the age of 18;
  • You have had a face-to-face encounter;
  • Your bond is authentic and currently existing;
  • You plan to get married within six months of your arrival in the UK;
  • All past relationships have irreversibly ended;
  • Your intention is to establish a permanent residence in the United Kingdom.
  • You will receive sufficient support in the UK without needing to rely on state subsidies;
  • There is sufficient lodging available for you and any individuals that rely on you;
  • You possess the necessary proficiency in both speaking and comprehending the English language.

The specific criteria that must be met to be eligible for a UK Fiance Visa may differ based on individual circumstances. It is advisable to see an immigration attorney for specialised guidance.

To discuss your UK Fiance Visa application with one of our immigration solicitors, contact our UK Fiance Visa solicitors on 01206500181or complete our enquiry form below.

 

Status of Sponsoring Partner

To be eligible for a UK Fiance Visa, your partner must meet one of the following criteria:

  • Be a British or Irish citizen in the UK; or
  • Have indefinite leave to remain, settled status or permanent residence in the UK; or
  • Have pre-settled status under Appendix EU; or
  • Have limited leave to remain as a Turkish Businessperson or Turkish Worker under Appendix ECAA; or
  • Have refugee leave or humanitarian protection status in the UK.

A British Citizen in the UK encompasses an individual who holds British citizenship and is accompanying you as your partner upon arrival in the UK. An individual with indefinite leave to remain in the UK refers to someone who is being granted settlement at the same time as yourself.

Minimum Age for a Fiance Visa

You and your partner must both be over the age of 18 on the date when you submit your Fiance Visa application.

UK Fiance Visa Relationship Requirement 

The UK Fiance Visa relationship requirement has various elements to it:

  • You and your partner must not be within a prohibited degree of relationship;
  • You and your partner must have met in person;
  • Your relationship must be genuine and subsisting;
  • You must be coming to the UK to enable your marriage to take place in the UK within 6 months of your arrival;
  • Any previous relationship must have broken down permanently;
  • You and your partner must intend to live together permanently in the UK.

Prohibited Degree of Relationship Requirement

To be eligible for a UK Fiance Visa, you and your fiance must not be closely related according to the Marriage Act 1949 and the Marriage (Prohibited Degrees of Relationship) Act 1986.

It is imperative that you and your fiancé do not share any familial connections in the following manners:

  • Adoptive child
  • Adoptive parent
  • Child
  • Former adoptive child
  • Former adoptive parent
  • Grandparent
  • Grandchild
  • Parent
  • Parent’s sibling
  • Sibling
  • Sibling’s child

In this list ‘sibling’ means a brother, sister, half-brother or half-sister.

A proposed marriage between a person and any person in the following list will not qualify for a fiance visa until both parties are aged 21 or over, and provided that the younger party has not at any time before attaining the age of 18 been a child of the family in relation to the other party:

  • Child of former civil partner
  • Child of former spouse
  • Former civil partner of grandparent
  • Former civil partner of parent
  • Former spouse of grandparent
  • Former spouse of parent
  • Grandchild of former civil partner
  • Grandchild of former spouse

Requirement to Have Met in Person

It is necessary for you and your fiance to have had a face-to-face meeting. In order to fulfil the condition of having 'met', it is necessary to provide evidence of a personal encounter that led to the establishment of a shared acquaintance. Mere physical or verbal communication, whether in person or through phone or writing, would not meet the criteria for obtaining a UK Fiance Visa.

Genuine and Subsisting Relationship Requirement

To be eligible for a UK Fiance Visa, you must furnish the Home Office with proof that your connection with your spouse is authentic and ongoing.

Assessments regarding the authenticity and continuation of a relationship are determined on a case-by-case basis, considering all the facts and specific circumstances. 

Factors Considered by the Home Office When Deciding Whether a Relationship Is Genuine and Subsisting

The Home Office takes into account various factors while assessing the authenticity and continuity of your connection, such as:

  • Whether you and your fiance are in a current, long-term relationship; 
  • Whether you and your fiance have been or are now living together;
  • Whether you and your fiance have children together (biological, adopted or step-children) and shared responsibility for them; 
  • Whether you and your fiance share financial responsibilities;
  • Whether you and your fiance have visited the other’s home country and family;
  • Whether you and your fiance have made definite plans concerning the practicalities of living together in the UK.

If the Home Office harbours suspicions regarding the authenticity and enduring nature of your relationship, it may conduct additional investigations, interview both you and your fiancé, or schedule a visit to your residence.

Documents Required to Prove a Genuine and Subsisting Relationship

The Home Office will want substantial proof of frequent communication, displays of affection and companionship, emotional assistance, and a strong concern for each other's welfare and well-being.

The Home Office typically requires proof of cohabitation.It is preferable for the documents to be in both your name and your fiance's name together. Alternatively, you can depend on documents that are specifically directed to each of you individually, but sent to the same location. Documents must have a recent date and come from various sources. While official documents are the preferable form of proof, alternative documentation demonstrating cohabitation can still be accepted if official documents are not available.

If you and your fiancé have not cohabitated, or have not cohabitated for a little duration, it is also feasible to present informal proof of a connection.

As previously stated, the Home Office will require substantial evidence of a legitimate and ongoing relationship. If the Home Office harbours suspicions regarding the authenticity and enduring nature of your relationship, it may conduct additional investigations, interview both you and your fiancé, or schedule a visit to your residence. If there are valid reasons to question the authenticity or durability of your relationship, your Fiance Visa application will be rejected.

Our immigration solicitors frequently provide guidance to Fiance Visa applicants regarding the specific documentary evidence that the Home Office requires to confirm the authenticity of their relationship, which should be founded on genuine affection and shared values, and must still be ongoing at the time of the application. We do not depend on pre-made lists of documents and exclusively provide guidance to our clients regarding the specific documents required to demonstrate an authentic and ongoing relationship, based on their individual circumstances. 

Intention to Marry in the UK Within 6 Months

You must be applying for entrance to the UK in order to facilitate your marriage ceremony in the United Kingdom. Additionally, it is crucial to demonstrate to the Home Office that you have the intention to marry within the 6-month validity period of the Fiance Visa upon your arrival in the UK. The Home Office typically requires some form of documentation or proof about the planning and organisation of your wedding, as well as any preparations made for the actual wedding day.

Previous Relationship Broken Down Permanently

To be eligible for a UK Fiance Visa, both you and your fiance must be single and not in a civil partnership or marriage with anyone else at the time of your Fiance Visa application. Both individuals must possess the freedom to enter into marriage.

If you have been previously married or have entered into a civil partnership, you must provide evidence to the Home Office that you are legally divorced, your civil partnership has been legally dissolved, or you are widowed.

You must furnish documentary evidence that adheres to the stipulations outlined in the Immigration Rules. For instance, in the United Kingdom, a divorce is legally established by obtaining a decree absolute from a civil court. A divorce that takes place outside of the UK must be supported by a document that is comparable to a decree absolute certificate and is legally recognised in the nation where the divorce occurred.

If either you or your fiancé have been previously married and the marriage has not been legally terminated, you may still be eligible for an Unmarried Partner Visa. It is necessary for you to present proof that the new relationship is authentic and ongoing, and that the prior relationship has irreversibly ended.

Intention to Live Together Permanently in the UK

To be eligible for a Fiance Visa, UK Visas & Immigration requires assurance that you and your fiance have the intention to permanently reside together in the UK.

During the initial stage of the Fiance Visa application, it is necessary for both of you to make a definite promise to live together permanently in the UK immediately after the outcome of your Fiance Visa application, or as soon as circumstances allow thereafter.

When submitting an application for an extension of stay or permanent residency as a spouse, the Home Office will require that any time spent outside the UK be restricted, with valid justification and in line with the aim to permanently reside together in the UK. Valid justifications may encompass periods of time spent abroad for professional purposes, vacationing, educational pursuits, or training.

If either you or your future husband spend a significant amount of time abroad, the Home Office may question your commitment to permanently reside together in the UK. The Home Office will assess the purpose of trip, duration of time away, and whether you and your spouse travelled and resided together while outside the UK.

UK Fiance Visa Financial Requirement

To prove that you can be sufficiently supported in the UK without relying on public funding, you must meet the financial criteria of the Fiance Visa.

In order to apply for a UK Fiance Visa, it is necessary to meet the financial criteria, which stipulates that, unless exempt, you must prove that your Fiance (or both of you jointly if you are already in the UK with legal leave to remain) has a minimum gross annual income of £29,000.

The minimal income requirement no longer includes a distinct kid element.

If your fiance is receiving certain state benefits or entitlements, different factors will need to be taken into account. The financial criteria for a UK Fiance Visa states that the sponsor must be able to sufficiently support and provide accommodation for the family member they are sponsoring to enter or stay in the UK.

Meeting the financial criteria is mandatory at three stages: when initially applying to enter the UK as a fiancé, when applying to extend your stay as a spouse, and when applying for indefinite leave to remain as a spouse.

The Fiance Visa financial criterion under the Immigration Rules is intricate and encompasses obligatory documentation evidence requirements. Applicants are responsible for proving that they meet the financial criterion. A frequent cause for the rejection of a Fiance Visa application is the failure to submit compulsory financial documentation.  

How to Satisfy the UK Fiance Visa Financial Requirement

The financial criterion for the UK Fiance Visa can be fulfilled through many means, such as relying on:

  • Income from salaried or non-salaried employment of your fiance (and/or you if you are in the UK with permission to work); 
  • Non-employment income, for example, income from property rental or dividends from shares; 
  • Cash savings of your partner and/or yourself, above £16,000, held by your fiance and/or you for at least 6 months and under their / your control;
  • State (UK or foreign), occupational or private pension of your fiance and/or yourself;
  • Income from self-employment, and income as a director or employee of a specified limited company in the UK, of your fiance (and/or you if you are in the UK with permission to work).

In some circumstances it is possible to rely on a combination of the above sources of income to satisfy the financial requirement.  

As mentioned above, different considerations will apply if your fiance is in receipt of certain state benefits or entitlements. 

Also, Fiance Visa applicants relying on cash savings to satisfy the Fiance Visa financial requirement may wish to keep in mind that the level of cash savings required in an entry clearance and extension application is different from the level required when applying for indefinite leave to remain as a spouse. 

In exceptional circumstances in which refusal of the Fiance Visa application could otherwise breach ECHR Article 8, other credible and reliable sources of income, financial support or funds available to the couple may be taken into account.

Our immigration solicitors are experts in the Fiance Visa financial requirement rules and regularly assist UK Fiance Visa applicants to navigate the complex evidential requirements.

To discuss your UK Fiance Visa application with one of our immigration solicitors, contact our UK Fiance Visa solicitors on 01206500181or complete our enquiry form below.

 

Fiance Visa Accommodation Requirement 

When applying for entrance clearance as a fiance, you must submit proof of sufficient lodging for both you and your fiance. This accommodation should be privately owned or exclusively occupied, and should not require any financial assistance from public sources.

In order to proceed, you must present proof of the ownership or occupancy of the property, demonstrating that you have the legal and exclusive right to occupy it. Additionally, you must ensure that the property will not be overcrowded or violate any public health rules.

Fiance Visa English Language Requirement 

Unless you are exempt, you must demonstrate to the Home Office, as part of your Fiance Visa application, that you meet the English language requirement.

When seeking entrance clearance through the Fiance Visa route, it is necessary to prove proficiency in the English language at a minimum of CEFR level A1. After successfully transitioning to the spouse route and completing 2.5 years of leave as a spouse, you must show proficiency in the English language at a minimum of CEFR level A2 when applying for further leave to remain as a spouse.

To fulfil the English language requirement for the Fiance Visa, you can:

  • Holding the nationality of a majority English speaking country;
  • Passing an approved English language test at or above the required CEFR level, with an approved provider as set out on Approved Secure English Language Tests and Test Centres; or
  • Having an academic qualification which is either a Bachelor’s or Master’s degree or PhD if awarded in the UK; or, if awarded outside the UK, is deemed by Ecctis (formerly UK NARIC) to meet or exceed the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, and Ecctis (formerly UK NARIC) has confirmed that the degree was taught or researched in English at or above the required CEFR level.

In order to be exempt from the English language requirement you will normally have to prove that either:

  • You are over the age of 65 at the date of application;
  • You have a physical or mental disability which prevents you from meeting the English language requirement; 
  • There are exceptional circumstances which mean that you cannot satisfy the English language requirement before entering the UK.

If you are not able to demonstrate that you meet the English language requirement (or are exempt), then your Fiance Visa application will be refused.

UK Fiance Visa Supporting Documents Checklists

The primary basis for the rejection of a Fiance Visa application is typically the inadequate inclusion of documentary evidence by the applicant to substantiate their claim.

The Immigration Rules impose stringent criteria for the documentation that must be provided to support an application for a UK Fiance Visa. The supporting documentation needed for a Fiance Visa application will fluctuate depending on the specific circumstances of each case.

Applicants must use caution when utilising pre-existing document checklists for Fiance Visa applications. Seeking guidance from an immigration attorney will guarantee that the specified documents are suitable for one's specific circumstances.

If a necessary document is not submitted, is in an incorrect format, or lacks essential information, the application for a Fiance Visa may be rejected. The process of appeals can span several months before a final decision is reached, and the ultimate result may be unpredictable. Submitting a new application will incur more expenses and cause further delays.

Our immigration solicitors offer specialised guidance to applicants for Fiance Visas regarding the necessary documentation for a successful application. They also review supporting documents to ensure they meet the requirements outlined in the Immigration Rules.

UK Fiance Visa Application Fee

The current charge for a UK Fiance Visa application submitted outside the UK is £1,846, as set by the Home Office. The current charge for switching into the spouse category or extending stay as a spouse from within the UK is £1,048, as set by the Home Office. Using the Priority Service will incur extra charges.

UK Fiance Visa Processing & Decision Waiting Times

The current processing time for a Fiance Visa application submitted outside the UK by the Home Office is 24 weeks. By utilising the Priority Service, you can expect to get a judgement within a maximum of 30 business days. Out-of-country applications do not have a Super Priority Service available.

Fiance Visas can exclusively be applied for from outside the UK. Switching to the Fiance Visa category from within the UK is not feasible.

Duration of a UK Fiance Visa

If your application for a UK Fiance Visa is approved, your visa will have an initial validity period of 6 months.

Once your wedding ceremony has been conducted, you will become entitled to petition for a change of status to the Spouse category without the requirement of leaving the United Kingdom.

If your application for an extension of your stay in the UK as a Spouse is approved, you will be given permission to stay for an additional 30 months. In order to prevent the expiration of your Spouse leave, it is necessary for you to request an extension of an additional 30 months.

Once you have spent a duration of 5 years in the UK as the spouse of a British citizen or settled individual, you will meet the requirements to apply for indefinite leave to remain.

Working in the UK on a Fiance Visa

Individuals holding a Fiance Visa are prohibited from engaging in employment within the United Kingdom.

UK Fiance Visa Frequently Asked Questions

How Can I Get Married in the UK?

If you desire to travel to the UK for the purpose of getting married, there are two primary immigration options to consider: the Marriage Visit visa and the Fiance visa.

The Marriage Visit visa is intended for those who desire to go to the UK specifically for the purpose of getting married or providing official notification of a marriage in the UK.

The Fiance visa is intended for those who are engaged to British nationals, individuals having indefinite permission to remain in the UK, individuals with refugee status or humanitarian protection, or individuals with limited leave to remain under Appendix EU or Appendix ECAA. The purpose of this visa is to allow them to visit the UK and get married within 6 months of their arrival.

Where Can I Apply for A UK Fiance Visa?

To apply for a UK Fiance Visa, one must submit the application while being physically present outside the UK. You should submit your application in the nation where you have permanent residency, rather than as a temporary visitor. Citizenship is not a prerequisite.

How Do I Apply for a UK Fiance Visa?

Fiance Visa applications are submitted through an electronic application form.

Prior to submitting an application for a UK Fiance Visa, it is advisable to consult an immigration lawyer to determine the appropriate application form based on your specific circumstances.

It is advisable to gather your supporting documents concurrently with the completion of your Fiance Visa application form. This is because there are certain document prerequisites that mandate the documents to be dated prior to the submission date of the online application form.

The existing procedure permits individuals to submit scanned copies of their supporting documentation for the Fiance Visa to be assessed by the Home Office. Nevertheless, it is advisable to verify the specific protocol for the country where you plan to submit your application at the time of applying, as the Home Office periodically modifies this method.

What if I Do Not Get Married Within 6 Months?

If your marriage is not conducted before the expiration of your Fiance Visa, you have the option to request an extension of your stay for an additional 6 months. This extension is granted on the condition that there is a valid reason for the delay and there is sufficient evidence to support the fact that the marriage ceremony will occur within the next 6 months.

When Can I Apply for a British Passport?

Upon initial entry into the Fiance Visa category, you will be authorised to remain for a duration of 6 months. After getting married, you will have the opportunity to file for a change to the Spouse Visa category. If this application is approved, you will be given additional permission to be absent for a duration of two and a half years. Subsequently, you will need to submit an extension application prior to the expiration of your current leave, and upon approval, you will be awarded an additional duration of two and a half years.

The majority of individuals in the Spouse Visa category follow a five-year path towards settlement. After receiving two grants of 30 months each, individuals become eligible for Indefinite Leave to Remain.

Certain individuals are following a ten-year trajectory towards establishing permanent residency, and they will be required to get four grants of leave. If you decide to transition from the five year route to the ten year route after entering the UK, you have the option to include both instances of granted leave in the total term required for the ten year route.

After acquiring Indefinite Leave to Remain in the UK, individuals who are married to a British citizen might promptly seek to Naturalise as a British Citizen. Unless you are married to a British citizen, you must wait for a duration of 12 months before you are eligible to submit an application.

What if My Fiance Visa Application Is Refused?

If your application for a UK Fiance Visa is rejected, you are entitled to use your right to appeal. This is because a fiancé application is automatically seen as a claim based on human rights.

The appeal will be adjudicated before the First-tier Tribunal (Immigration and Asylum Chamber) in the United Kingdom.

If you are located in the United Kingdom, both you and your fiance will have the opportunity to attend and provide testimony in front of the Judge.

If you are located outside of the UK, your fiance will have the opportunity to attend the proceedings. However, you may submit a written statement along with supporting documentation for the Tribunal's evaluation. If deemed suitable for your situation, provisions can be made for you to provide testimony remotely.

The process of immigration appeal proceedings can be lengthy, often spanning several months, and the final decision may be unpredictable. We strongly advise consulting with a specialised immigration attorney to obtain legal guidance and representation prior to initiating an appeal against the denial of a Fiance Visa application.

What if I Cannot Satisfy the Requirements for a UK Fiance Visa?

If you are unable to meet the criteria for a UK Fiance Visa, you may still be eligible to enter or stay in the UK based on human rights considerations, such as:

  • You have a child in the UK who is a British or Irish citizen;
  • You have a child in the UK who has lived in the UK for at least 7 years and it would be unreasonable for them to leave the UK;
  • There would be very significant difficulties for you and your fiance that could not be overcome if you lived together as a couple outside the UK;
  • It would otherwise breach your human rights to prevent you from coming to the UK or to make you leave the UK.