The Fiance Visa is for immigrants who intend to get married or enter into a civil partnership in the UK with a British citizen or a person who is settled here, after which they will switch to a Spouse Visa.
Contact our immigration lawyers for a free telephone consultation on 020 3744 2797 or complete our enquiry form to discuss your UK Fiance Visa.
The Fiance Visa (also referred to as the Fiancée Visa, Proposed Civil Partner Visa, or Engagement Visa) is part of the family immigration scheme and enables an eligible foreign national over the age of 18 to come to the UK to get married or enter into a civil partnership with a British citizen or a person who is settled here (e.g. a person with Indefinite Leave to Remain or EU Settled Status), and then switch to a Spouse Visa.
Applicants must meet a set of eligibility criteria as outlined in detail below. If granted a Fiance Visa, you will have 6 months from the date of entry into the UK to get married or enter into a civil partnership. You will then be able to apply for a Spouse Visa, which will allow you to stay for an initial period of 33 months; this can then be extended for a further 30 months, after which you can acquire Indefinite Leave to Remain (ILR), allowing you to remain permanently in the UK without being subject to immigration rules.
To make a successful application for a Fiance Visa, you will need meet below eligibility criteria and show:
You will need to show you are in an eligible relationship; as follows:
Crucially, it is important to understand that UK Visas and Immigration (UKVI) are always alert to the potential for “sham” relationships, whereby applicants falsely state they are in an eligible relationship when they are not.
If you are unsure if you meet the requirements for a genuine relationship, speak to one of our immigration Solicitors on 020 3744 2797 , who will be able to confirm this for you.
As a Fiance Visa applicant, you and your UK based partner must have a minimum combined gross annual income of £18,600. If you have children, an additional £3,800 per year is needed for the first child and an additional £2,400 for each subsequent child.
This means the minimum income for an applicant with two dependant children will be £24,800, and for three children, £27,200.
The following sources of income can be considered for a Fiance Visa application:
You can use savings to meet the financial requirement for a Fiance Visa, as long as these exceed £16,000. If you have enough savings (£62,500), you will not need to show evidence of any income. The way that this is calculated by the Home Office is as follows:
In this example, you would only need to show an annual income of £13,000 if you have savings of £30,000.
When submitting your application for a Fiance Visa, you will need to make and sign a declaration of the source of your cash savings.
Exemptions from meeting the financial requirement are available where a sponsor is receiving income from any of the following sources:
This means that sponsors will not need to show they earn £18,600 (or more). It is important to note, however, that in the event of a partner qualifying for exemption in line with the above, the applicant will still need to show that they have enough funds to maintain themselves in the UK, as well as having adequate accommodation (while having no recourse to public funds). For further assistance, please speak to one of our immigration Solicitors who will be able to advise you.
If none of the exemptions above apply, applicants may be able to ask that exceptional circumstances be considered by the Home Office. This may be possible, for example, if they can show that, in line with human rights law, their child/ren would be at harm if the application is refused. If you are able to rely on exceptional circumstances, you will still need to prove you have sufficient funds, but the source of these will be widened to include other credible sources, such as a guarantee of financial support from another person.
As a Fiance Visa applicant, you will need to show that you have sufficient knowledge of the English language; this can be achieved in 3 ways:
UK Fiance Visa applicants must show they have suitable accommodation in the UK and it:
You will need to provide several documents with your visa application. When you apply for your Fiance Visa, you will be advised by UKVI which documents and forms of evidence to provide; these may include:
To ensure you receive a positive decision on your Fiance Visa application, it is essential that you provide all of the evidence and documentation required by UKVI. Failure to provide all items in the correct format (and properly translated where necessary) may lead to refusal or delay of your visa.
Given the complexity of the Fiance Visa documentation requirements, we recommend seeking legal advice from a family immigration Solicitor before submitting your application. Our team will ensure that all evidence necessary for your application is provided to UKVI and any errors or omissions are corrected. Call us on 020 3744 2797 for advice on your partner/Fiance Visa.
The application process for a UK Fiance Visa is completed online (on the Home Office website). The application steps are as follows:
If granted, your Fiance Visa will allow you to stay in the UK for an initial period of 6 months to get married or enter into a civil partnership. Once you are married, you will be able to apply for a Spouse Visa, which will last for up to 30 months. This can then be extended for a further 30 months. You must be in the same eligible relationship with your UK based partner, and you must apply before your current visa expires.
Once you have resided in the UK for 5 years on a combination of your Fiance and Spouse Visa, you will be able to apply for Indefinite Leave to Remain (ILR). This will mean you can remain permanently in the UK and will no longer be subject to immigration control. To gain ILR, you will need to:
There are several differences between the UK Fiance Visa and the UK Spouse Visa, as follows:
There are several grounds on which an application for a spouse/partner visa may be refused, including if:
If your partner or Fiance Visa application has been refused, speak to one of our immigration Solicitors, who will be able to advise on the best steps to take to ensure a successful outcome of your case.
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