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Fiance Visa UK

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.

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What is the 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.

UK Fiance Visa requirements

To make a successful application for a Fiance Visa, you will need meet below eligibility criteria and show:

  • You and your partner are over the age of 18.
  • You both intend to get married or enter into a civil partnership within 6 months of your arrival in the UK.
  • Your partner is a British or Irish citizen or has settled in the UK (e.g. Through gaining indefinite leave to remain or EU settled status). Your partner based in the UK may also hold a UK Turkish businessperson visa or UK Turkish worker visa or have refugee status or humanitarian protection in the UK.
  • You and your partner intend to live together in the UK once you are married, or you have entered into a civil partnership.
  • You and your partner must be able to financially support yourselves. You will need to show you have a combined income of at least £18,600.
  • You must have suitable accommodation in the UK.
  • You have sufficient knowledge of the English language (e.g. Have passed an English language test at level a1 on the common European framework of reference for languages (CEFR) scale).

1. Genuine relationship requirement

You will need to show you are in an eligible relationship; as follows:

  • You are in a genuine relationship with your UK based partner
  • You both plan to get married or enter into a civil partnership in the UK within 6 months of arriving in the UK
  • You intend to live with your partner in the UK once you are married or have entered into a civil partnership

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.

2. Fiance Visa Financial requirements

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:

  • Income from employment or self-employment
  • Pension of the applicant and/or partner
  • Maternity allowances or bereavement benefits received by the partner in the UK
  • Any other income and/or savings specified by the applicant and/or partner

Using savings towards the financial requirement

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:

  • Step 1: Divide the amount of savings you have over £16,000 by 2.5 (2.5 is the number of years the savings need to last for)
  • Step 2: Take the amount in step from the minimum income requirement for your situation (i.e. £18,600 or more if you have children).
  • The final figure you are left with is your new minimum income requirement.

For example:

  • £30,000 in savings: £30,000 - £16,000 = £14,000 / 2.5 = £5,600
  • £18,600 - £5,600 = £13,000

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.

Gaining an exemption from the financial requirements for a Fiance Visa application

Exemptions from meeting the financial requirement are available where a sponsor is receiving income from any of the following sources:

  • Disability living allowance
  • Severe disablement allowance
  • Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme
  • Mobility Supplement, Constant Attendance Allowance, or War Disablement Pension under the War Pensions Scheme
  • Police Injury Pension
  • Industrial injury disablement benefit
  • Attendance allowance
  • Carers’ allowance

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.

3. English language requirement

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:

  • Passing an English language test
  • You will meet the English language requirements if you pass a Common European Framework of Reference for Languages (CEFR) English test from an approved testing centre. This must be at least level A1 in speaking and writing.
  • Academic qualifications
  • You will also meet the English language requirements if you have a degree or other academic qualification which was taught in English.
  • Exemption: you will not need to meet the English language requirements if you are exempt, including if:
    • You are over 65 years of age
    • You have a physical or mental condition that prevents you from meeting the requirement
    • You come from any of the following countries: Antigua and Barbuda, Australia, the Bahamas, Barbados, Belize, Canada, Dominica, Grenada, Guyana, Jamaica, New Zealand, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Trinidad and Tobago, USA

4. UK Fiance Visa Accommodation requirements

UK Fiance Visa applicants must show they have suitable accommodation in the UK and it:

  • Is owned or occupied exclusively by the applicant and their family members
  • Has sufficient living space
  • Meets any public health requirements

UK Fiance Visa required documents

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:

  • Completed application form and application fee
  • Valid passport
  • Previous passports
  • Evidence of your genuine relationship; this may include:
    • letters of reference from friends, family, or professionals who can confirm you are in a genuine relationship with your UK based partner
    • shared bills, bank statements
    • divorce certificates from a previous marriage
    • photographs, correspondence, and messages proving your relationship
    • details of your relationship, including how, when, and where you met.
  • Proof you meet the English language requirements (e.g. CEFR exam certificate).
  • Two passport-sized colour photos that are in line with the requirements set by the UK.
  • Proof you meet the financial requirements (e.g. bank statements, savings statement, wage slips)
  • Details of any previous immigration applications, if any
  • Details of any criminal convictions
  • Your national insurance number (if you have one)
  • Proof of accommodation in the UK
  • Biometric information (fingerprints and a digital photograph).
  • Tuberculosis test results if from a country where you have to take the test

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.

How to apply for a UK Fiance Visa

The application process for a UK Fiance Visa is completed online (on the Home Office website). The application steps are as follows:

  1. Check your eligibility for a Fiance Visa – if you are unsure if you are eligible, speak to one of our family visa Solicitors who will be able to confirm this for you.
  2. Prepare the documents you will need to prove your eligibility – if you prefer, one of our family visa Solicitors can complete this for you.
  3. Complete the online application form
  4. Pay the application fee (see in the FAQ section below)
  5. Upload any documents required to support your application
  6. Arrange a biometric appointment to have your fingerprints and photo taken
  7. Attend an interview if invited

How long can you stay in the UK on a Fiance Visa?

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.

Fiance Visa to ILR

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:

  • Have lived in the UK for 5 years on a family visa as a partner
  • Have lived with your partner since you last renewed your visa
  • Be in a genuine and subsisting relationship with your partner
  • Intend to continue your relationship after you apply for ILR
  • Meet the English language and Life in the UK requirements
  • Prove you have suitable accommodation
  • Continue to meet the financial requirements

Fiance Visa vs Spouse Visa

There are several differences between the UK Fiance Visa and the UK Spouse Visa, as follows:

  • The Fiance visa is for eligible couples who are planning to get married or enter into a civil partnership before applying for a Spouse visa.
  • A Spouse visa is for couples who are already married, in a civil partnership or have already been living together in a relationship for at least 2 years when they apply.
  • A Fiance visa only allows a holder to stay for an initial period of 6 months.
  • A Spouse visa allows a holder to stay for up to 33 months (this is 30 months if switching from a Fiance visa) initially, and this can be further extended for 30 months.

What if my Fiance Visa is refused

There are several grounds on which an application for a spouse/partner visa may be refused, including if:

  • The Secretary of State determines that the exclusion of an applicant from the UK is conducive to the public good
  • The applicant is subject to a deportation order as of the date of application
  • The exclusion of the applicant from the UK has been deemed conducive to the public good as a result of the applicant’s conduct, character, or association
  • Without a reasonable excuse, the applicant failed to show up for a compulsory interview, provide specified information, undergo a medical examination, or report when required to do so. It is immaterial whether the misrepresentation is intentional or known to the applicant or not
  • It is undesirable to grant entry clearance for medical reasons
  • The mandatory IHS surcharge, alongside other compulsory charges, have not been paid or have failed
  • You have not provided sufficient evidence of maintenance and accommodation

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.

Reference:

GOV.UK: Family visas: apply as a partner or spouse

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