The Fiance Visa comes under the umbrella of the Family Visa route. This covers a wide array of visas to cover any number of options that concern members of the family. It is also there for those who are intended to get married in the case of the Fiance Visa. In this article we're going to look at the Fiance Visa and Spouse Visa in more detail and help you to understand the process and eligibility criteria for the visa routes.
The Fiance Visa allows those who intend to get married to come to the UK in order to get married and settle down to live and work (you can only work once you have a Spouse Visa). Once gained, you have 6 months to get married. Once you are married you can then apply for a Spouse Visa. The Spouse Visa then entitles you to live and work in the UK. Once you have a Spouse Visa, you will then be allowed to remain in the UK for 2 years, this can be extended by a further 2.5 years at the end of the initial visa period. If you do extend, you may then, after 5 years, apply for Indefinite Leave to Remain (ILR).
The Spouse Visa is one of the most generous in the UK and therefore is one of the most applied for and also abused. For this reason, significant checks will be made as to the eligibility criteria of the applicants and also whether the relationship qualifies as genuine.
A Fiancé visa would be ideal if you are coming to the UK to register your marriage with a person present and settled in the UK. It allows settled persons i.e individuals who are not subject to immigration control to bring in their prospective spouse into the UK for the purpose of getting married
The new immigration rules now allow for entry clearance applications under the fiance visa category. If your application is successful, you will be normally granted leave for up to 6 months. It is expected that the 6 months period should be used to finalise everything about the marriage. After marriage, the applicant will then be able to extend his/her leave to remain on the basis of marriage.
As well as needing to prove that the relationship is genuine, you will also need to meet other criteria as laid out in the application guidance. This extended eligibility criteria includes:
Your partner must be a British citizen or have “settled” status
Have strong English language skills (this will need to be proved depending on your country of origin)
You will also need to prove that you have sufficient funds to support yourself/partner during your stay in the UK.
As long as you satisfy this eligibility criteria, you can make an application. If you are unsure as to your eligibility or need to discuss your options, get in touch today and our expert immigration specialists can help.
The eligibility criteria for the UK Fiancé visa are stipulated in the Appendix FM of the Immigration Rules. The requirements for the UK fiancé visa include the following:-
Feel free to contact our family immigration lawyers should you need any fiance or spouse visa advice as we offer a free initial immigration advice on family visa applications. We would advise on the entire process, your merits as well as the costs to prepare and submit the application at the British Embassy or relevant UK government body.
Importantly, the United Kingdom has a route set out in the Immigration Rules for a fiance or proposed civil partner of a British citizen settled and present in the UK to enter or remain as a family member.
The immigration rules on UK fiance visas specifies a number of requirements; making sure that the sponsor is very much involved throughout the entire process. This is evidenced from the rules on the financial requirements for the fiance visa
In order to sponsor an overseas partner to the UK, the sponsor (settled person) would have to meet certain financial requirements to show that they are able to take care of their partner here in the UK. The following are ways of meeting these requirements.
It is important to note, that there are different ways to meet the financial requirements depending on your income situation. A self-employed person would need to show that they meet the financial requirements using a different process. Failing to meet the financial requirement is a major cause of fiance visa refusals; we therefore recommend that you call one of our lawyers today on 020 3540 7770 or send us an email on email@example.com for a free initial immigration advice.
The sponsor would also need to show that there is adequate accommodation available for them when they arrive the United Kingdom. It is also very important that size of the property is adequate. An adequate property size would depend on the number of persons that would be living there.
The fiance visa application would also need to demonstrate that the property is available for the applicant. This can be demonstrated using tenancy agreement, mortgage statements or title deeds amongst a number of other documents.
Fiance visa applicants would need to demonstrate to the UKBA that they are in a genuine and durable relationship. It is important not to forget that the Fiance visa is for those looking to get married in the UK to a settled person. It is therefore important that the application is prepared in such a way that shows that the marriage / wedding will go on as scheduled within 6 months of the visa being granted.
In addition to demonstrating that the wedding will go on as planned within 6 months, we often recommend that our clients provide extra documents including reference letters from friends and family, personal statements and other similar paperwork to further demonstrate evidence of a genuine and subsisting relationship.
Applicants will need to show that they can speak and understand the English Language as a requirement for coming to the UK on a fiance visa. To meet the English language requirement for a fiance visa, applicants would need to:-
If you are on a Fiance Visa, you will need to get married in the UK within 6 months of entering the country. Failure to keep to this schedule will potentially result in your visa being cancelled and your removal from the country. It is vital that if you are having any issues, you get in touch with our immigration specialists as quickly as possible. If things haven't quite gone to plan then we can often help to resolve potential issues.
On the rare occasion marriages do not take place. This is unfortunately a fact of life. If you are in this position then you will need to get in touch with an immigration specialist such as ourself to try and find a way for you remain in the country legally. We can help in any number of situations. So if things have gone horribly wrong, don’t panic. Give us a call and we’ll be more than happy to help.
The fees that you will pay will depend largely on where you are coming from and your situation, but the standard fee is £1,523. The fee that you will pay will also depend on the type of processing service that you require. There are a few options such as Premium Processing that allow you to have your application fast tracked. This is a great option for those who are looking for a quick decision, but you will pay significantly more for the processing.
If you do decide to stick with the standard processing time then this will usually take anywhere up to 8 weeks to be dealt with. You should take these wait times into account when you think about how quickly you need your visa. This 8 weeks can also be missed if there is anything in your application that may need to be explained. It is for this reason that it is usually a good idea to seek the advice of experts before lodging your application so that you can be sure that you have all of the evidence that you need to ensure the best chance of a successful application.
Once you have married (congratulations!), you will need to fill in another application. This application is now for a Spouse Visa and will entitle you to 2 years leave to remain in the UK after it is granted. Once the initial period has finished, if you wish to remain in the UK you will need to apply to extend your visa. By extending your visa, you will have the opportunity to reach 5 years of living in the UK and therefore have the option of applying for Indefinite Leave to Remain (ILR). If you gain Indefinite Leave to Remain (ILR) you’ll be classed as “settled” and will no longer have to worry about visa restrictions in the UK.
A Spouse Visa will allow you to work in the UK as well as live. It is one of the UK’s most generous visa routes and is very sought after. For this reason you must ensure that your application is accurate and truthful. If you have any concerns over the application process then please get in touch.
If you need help with an immigration query, then please get in touch. Our experienced team of immigration solicitors can help you to be successful in your applications and can help when things don’t quite go to plan. For more information or advice, please get in touch today and we’ll be happy to help
At Reiss Edwards, we boast of some of the best fiance visa immigration lawyers in London and have years of experience in different kinds of visa applications with varying degrees of complexities. We have over 50 years of combined experience in immigration law at the highest level.
We offer a free initial assessment over the phone where we assess whether or not you meet the requirements. Feel free to take advantage of that now and give us a call on 020 3540 7770