UK Fiancé Visa

What is the UK Fiancé Visa?

The UK Fiancé Visa, also known as the Engagement Visa, Civil Partner Visa, or prospective marriage visa, is designed to enable non-EEA nationals over the age of 18 to enter the UK to marry or enter into a civil partnership with a British citizen, Irish citizen, or a person with settled status in the UK (such as Indefinite Leave to Remain or EU Settled Status).

While the visa-free regime and biometric passports allow for travel between some European countries, the United Kingdom has specific rules for those wishing to marry or register a civil partnership within its borders. As a result, the UK Fiancé Visa is a popular option for couples planning to marry in the UK and is part of the family visa scheme.

The Fiancé Visa allows you to stay in the UK for up to six months, during which you must marry or enter into a civil partnership with your UK-based partner. Unlike other partner visa categories, the Fiancé Visa does not require the couple to have lived together before applying.

Visa Pathways

Spouse Visa

After marrying or entering into a civil partnership, UK Fiance Visa holders can apply for a UK Spouse Visa. This visa initially grants 30 months of residence in the UK, allowing the holder to work and study without restrictions. The Spouse Visa can be extended for 30 months, provided the couple meets the eligibility criteria.

Indefinite Leave to Remain

After spending five years on the Spouse Visa, you can apply for Indefinite Leave to Remain (ILR), which grants the right to reside in the UK indefinitely with your spouse or civil partner. To be eligible for ILR, you must:

• Have had ILR as a partner for 60 months.
• Meet specific requirements, including passing the Life in the UK Test, which assesses your knowledge of British traditions, customs, and history.
• Demonstrate English language proficiency at level B1 or higher, as defined by the Common European Framework of Reference for Languages (CEFR).

British Citizenship

Once you have obtained ILR, you can plan to apply for British citizenship. The timing of your citizenship application depends on whether your spouse is a British citizen. If they are a British Citizens, you may be eligible to apply for citizenship as soon as you receive Indefinite leave to remain status. If your spouse is not a British citizen, you must hold ILR for at least one year before applying.

Once the Home Office has granted British Citizenship, you will be eligible to apply for a British Passport.

Eligibility Criteria & Requirements

Applying for a UK Fiancé Visa requires demonstrating that your relationship is genuine and that you and your partner can comfortably live in the UK without public funds. This visa has specific requirements: age, financial stability, accommodation, and English language proficiency.

• Age Requirement: Both the applicant and their UK-based partner must be over 18 at the time of the visa application.
• UK Partner's Status: The UK-based partner must be a British or Irish citizen, hold indefinite leave to remain, have refugee status, or possess a UK Turkish businessperson or worker visa.
• Marriage or Civil Partnership: The couple must intend to marry or enter a civil partnership within six months of the applicant's arrival in the UK.
• English Language Proficiency: Applicants must demonstrate knowledge of English, typically through a Secure English Language Test (SELT) at A1 level on the CEFR scale, unless exempt.
• Suitability Requirements: Applicants must meet all suitability requirements, including character assessments and providing proof that any previous marriages or civil partnerships have been legally dissolved.

Financial Requirements

To qualify for a UK Fiancé Visa, you must demonstrate that you have sufficient funds to support yourself and your partner throughout your stay in the UK. This is a crucial criterion for maintaining yourself without relying on public funds.

As of April 2024, the minimum combined annual income required is £29,000. This threshold must be met to show that you can financially support yourselves. There is flexibility in meeting this requirement, allowing for different sources of income to be combined. However, comprehensive proof, such as bank statements and employment records, must demonstrate that you meet these financial requirements.

The financial requirement can be met through various means, including:

• Income from Employment: This includes the salaried or non-salaried employment income of your fiancé and, if applicable, your income if you are in the UK with permission to work.
• Non-Employment Income: This includes property rental income or dividends from shares.
• Cash Savings: Savings over £16,000, up to £88,500, held for at least six months, can be used to meet the requirement.
• Pensions: Income from state (UK or foreign), work, or private pensions of your fiancé and/or yourself.
• Self-Employment Income: Income from self-employment, or as a director or employee of a limited company in the UK, of your fiancé and/or yourself if you are in the UK with permission to work.

You must meet the financial requirements in three stages: when you initially apply for entry to the UK as a fiancé, apply to extend your stay as a spouse, and apply for indefinite leave to remain as a spouse.

Failure to meet the financial requirements could result in the refusal of your visa application, so precision and thorough documentation are crucial.

Cash Savings

When using savings to meet the financial requirement for a Fiancé Visa if they exceed £16,000. You won't need to show any income evidence if you have enough savings (£88,500). Here's how the Home Office calculates this:

1. Subtract £16,000 from your total savings.
2. Divide the remaining amount by 2.5 (savings must last 2.5 years).
3. Subtract this result from the standard income requirement (£29,000).

The final amount you get is your new minimum income requirement.

Exceptions

A slightly lower minimum combined annual income threshold of £23,496 applies for HM Armed Forces personnel.

There are different requirements if your fiancé receives certain state benefits or entitlements.

Genuine and Subsisting Relationship

To qualify for a UK Fiancé Visa, you must demonstrate that your relationship with your UK-based partner is genuine and ongoing. UK Visas and Immigration (UKVI) authorities are vigilant in identifying fraudulent relationships, so presenting clear, convincing, and comprehensive evidence is crucial.

You must plan to marry or enter into a civil partnership in the UK within six months of arriving and intend to live with your partner in the UK once married or in a civil partnership. This commitment can be demonstrated through sharing financial responsibilities, visiting each other's home country and family, and making definite plans about living together in the UK.

The assessment is made on a case-by-case basis. You should provide a detailed account of your relationship, including how, when, and where you met, the duration of your relationship, the frequency of your meetings, and the significant milestones you've shared.

Meeting in Person

UK Fiancé Visa requirements include confirmation that the couple has met in person, crucial in establishing acquaintance, commitment, and subsequent communication. Correspondence and telephone contacts alone do not suffice as proof for the UK Fiancé Visa application. The in-person meeting helps demonstrate the genuineness of the relationship, which is a critical factor in the visa approval process.

Consequences of Non-Compliance:

Misleading information or failing to demonstrate a genuine relationship can result in visa refusal or a UK entry ban. The UKVI is stringent in its checks, and all evidence must be thorough and accurate.

Prohibited Degree of Relationship Requirement

Under the Marriage Act of 1986, certain relatives are prohibited from marrying, which affects eligibility for a Fiancé Visa. Specifically, the law excludes relationships involving adopted children and parents, grandparents and grandchildren, and siblings, including step-siblings. These restrictions are in place to prevent marriages within these prohibited degrees of relationship.

Previous Relationships

Fiancé Visa applicants must have the legal right to marry. To demonstrate this, you should provide evidence that any prior relationships have been legally terminated. This includes proof that you are no longer in a relationship with a previous partner, such as being divorced, having an officially dissolved civil partnership, or being a widow/widower, confirming your legal right to remarry. If either partner was previously married, include divorce certificates. Additionally, if you have children, provide birth or adoption certificates.

Accommodation Requirements

You must provide detailed information about your living conditions to the UK Home Office and proof that you can afford your accommodation. Your accommodation must be suitable and meet UK housing standards, which typically require at least two separate rooms for a married couple and additional rooms for any children.

Your Fiancé Visa application must demonstrate that you and your family own or occupy the accommodation exclusively. This involves providing documents such as a tenancy agreement, title deed, or mortgage document in your name. Additionally, you must confirm the size of the property and the number of occupants to ensure the space is not overcrowded and adheres to public health regulations.

English Language

You must be able to demonstrate proficiency in the English language. This is typically done by achieving at least A1 on the Common European Framework of Reference for Languages (CEFR) scale through a Secure English Language Test (SELT) at an approved test centre. This requirement ensures that applicants can:

• Understand and respond to basic questions and instructions.
• Communicate effectively in everyday situations.
• Read and understand simple written information.

Exemptions

Applicants from English-speaking countries are exempt from the English language requirement.

You may also be exempt if you have an academic qualification, such as a Bachelor's, Master's, or PhD, awarded in the UK.

People over the age of 65, applicants with a physical or mental condition that prevents them from meeting the requirement, or those with other exceptional circumstances may also be exempted.

Required Documentation

When applying for a UK Fiancé Visa, you'll need to gather various documents to support your application and demonstrate your eligibility and the genuineness of your relationship with your UK-based partner. It is common for applications to fail due to insufficient documentary evidence, so it's crucial to treat this as a meticulous process. Documentation requirements include:

• Valid Passport: Your current passport and any previous ones you have used for travel.
• Photographs: Two recent passport-sized colour photos that meet UK visa photo standards.
• Proof of Relationship: Include chat logs, social media interactions, and correspondence that showcase your relationship's development over time. These can provide a narrative of your communication and connection.
• Joint Financial Responsibilities: Evidence such as joint bank account statements, shared utility bills, joint loans, or investments can demonstrate financial commitment.
• Accommodation Details: Provide proof of cohabitation and living at the same address, such as rental agreements or mortgage statements.
• Travel and Visits: Show evidence of visits to each other's home countries, including travel itineraries and hotel bookings from these trips.
• Plans for the Future: Present evidence of plans to marry or enter into a civil partnership within six months of your arrival in the UK, such as wedding venue bookings or invitations.
• Supporting Statements and References: Include objective letters of recommendation and testimonies from friends, family, and professionals who can vouch for the authenticity of your relationship. These should detail their knowledge of your relationship and affirm your intentions.
• Previous Marriages or Partnerships: If you or your partner were previously married or in a civil partnership, provide divorce certificates or other documents showing the relationship has legally ended.
• English Language Proficiency: A certificate showing you meet the required English language level, like an IELTS for UKVI test result.
• Financial Evidence: Proof that your UK partner meets the financial requirements, such as:
  • Recent payslips
  • Bank statements
  • A letter from their employer
• Accommodation Details: Provide evidence of where you plan to live in the UK, such as a rental agreement or a letter from family offering you a place to stay.
• Biometric Information: You must provide your fingerprints and a digital photo at a visa application centre.
• Criminal Record: Information about any criminal convictions, if applicable.
• Tuberculosis Test Results: If you're from a country requiring a TB test, include the test results with your visa application. These tests must be taken at clinics or hospitals approved by the Home Office to ensure they meet the required standards.

All documents submitted as part of your application must be provided in English or Welsh. If any documents are in another language, you must provide certified translations to accompany them. This ensures that the UK immigration authorities can fully understand and assess the information provided.

Application Fees

Applying for a UK Fiancé Visa involves several costs. The standard application fee is £1,846 if you're applying from outside the UK and £1,048 if you're applying from within the UK. Additional fees will apply if you opt for the Priority Service to expedite your application. These fees do not include any charges for professional services if you choose to have assistance with your application.

Processing Time

The processing time for a UK Fiancé Visa can vary based on several factors, but the average time frame is usually between 2 to 3 months. Sometimes, it can take up to 24 weeks to receive a decision.

Several factors can influence the processing time of your visa application, including:

• The country from which you are applying
• The type and complexity of your application
• Requesting additional documents or clarification
• The efficiency of the Home Office in processing your documents and information

Complete and accurate documentation is crucial to minimise delays. Well-prepared applications often receive decisions faster. QC Immigration can assist you in preparing your application and tracking its progress, ensuring you are informed about its status throughout the process.

Priority Services

If you need your visa processed faster, you can opt for priority services:

• Priority Service: This service moves your application to the front of the queue. While there is no official processing time, a well-prepared application typically receives a decision within 30 days.
• Super-Priority Service: This service is only available for applications submitted from within the UK.

How to Apply for a UK Fiancé Visa

Applying for a UK Fiancé Visa requires applying online through the Home Office website. It is crucial to ensure eligibility for this visa category; consulting with a family visa solicitor can help confirm your eligibility and the correct application form to use.

You must submit your Fiancé Visa application from outside the UK. This can be done in any country where you have the right to reside, even if you are not a citizen of that country. Be sure to familiarise yourself with the specific requirements and procedures applicable in your country of residence.

1. Checking Eligibility: Check that you meet the eligibility requirements. If you're uncertain, QC Immigration can clarify and ensure you're on the right track with the correct application form for your circumstances.

2. Prepare Documentation: Prepare the necessary documents to support your application, such as proof of relationship, financial evidence, and other required documents. Ensure these documents are dated before the online application submission date.

3. Complete the Online Application Form: Complete the online application form accurately and pay the application fee as required.

4. Upload Documentation: Upload the necessary documents for your application. Verify the document submission procedures for your country, as they may vary.

5. Biometric Appointment: Schedule a biometric appointment for fingerprinting and photograph capture.

6. Interview (if applicable): You may be invited for an interview to assess your application further. Be prepared for this possibility and ensure all your documentation and information are accurate and complete.

Fiancé Visa Approval

Once your UK Fiancé Visa is approved, it is valid for six months. During this time, you must marry or enter into a civil partnership. After the wedding, you can apply to switch to a Spouse Visa from within the UK, which allows you to stay for an initial period of 30 months.

Delays & Cancellations

If your wedding ceremony is delayed or cancelled due to external factors deemed as a "good reason," you may be able to apply for an extension of your stay. It is essential to promptly communicate any delays and make an extension application to prevent potential issues that could impact your future Spouse Visa application.

Visa Restrictions

Fiancé Visa holders are not permitted to work or study in the UK.

Refused Fiancé Visa Application

If you receive a refusal, the starting point is understanding the reasons for the decision. Carefully read the refusal letter to understand the specific reasons for refusal. This letter will also indicate if you have the right to appeal and on what grounds.

Common reasons for refusal

1. Incomplete or Incorrect Documentation:

• Providing incorrect, inconsistent, or insufficient documentation or evidence, such as missing forms, unverified translations, or discrepancies in the provided information, can be grounds for refusal.

2. Genuine Relationship Concerns:

• If the visa officer doubts the authenticity of the relationship, perhaps due to insufficient evidence of contact or a significant age gap, the application may be refused. It is essential to provide strong evidence, communication records, and detailed personal histories.

3. Financial Requirements:

• Failing to meet the minimum income threshold, provide sufficient proof of financial stability, or demonstrate a certain level of income or savings to support yourself without recourse to public funds can result in refusal.

4. Conduct and Character:

• Previous criminal records, immigration violations, or other issues related to conduct or character can lead to a refusal, especially if deemed not conducive to the public good.

Options for Moving Forward

Appeal the Decision

With Fiancé Visas, there is typically a right to appeal because a fiancé application is automatically deemed a human rights claim. If you have the right to appeal and the application was made outside the UK, you will have 28 days to file the appeal.

We advise working with an immigration lawyer to file the appeal, as the process can be complex and needs to be evidence-based by immigration legislation. This will ensure the best chance of addressing the reasons for refusal, including providing more comprehensive documentation, financial evidence, or relationship information.

Appeals take place at the First-tier Tribunal (Immigration and Asylum Chamber). If you are in the UK, attend the hearing in person; if you are outside, you can provide written statements and give evidence remotely.

The appeals process has no set time and can take many months to determine, with the outcome remaining uncertain. QC Immigration can guide you on the merits of your application and the likelihood of its success.

Other Entry Clearance Routes

If appealing is not an option or the appeal is unsuccessful, other routes may exist to explore for entering the UK. For example, you may be able to enter under another type of Family Visa or have grounds of Human Rights if:

• You have a child who has lived in the UK for 7 years, and it would be unreasonable for them to leave.
• You have a child who is a UK or Irish citizen.
• You and your partner lived together as a couple outside the UK, there would be significant difficulties that could not be overcome.
• It would breach your human rights to stop you from coming to the UK or to make you leave.

The next step will be specific to each person, so we recommend speaking with a legal expert who can assess your individual circumstances to determine the best course of action.

Extending Your Visa:

Fiancé Visa to Spouse Visa

To extend your stay in the UK after your Fiancé Visa, you must switch to a Spouse Visa once married. The Spouse Visa grants an initial residence period of 30 months, which can be extended for another 30 months. This visa allows you to live and work in the UK, providing a stable foundation for your life together.

To switch to a spouse visa, you must meet specific requirements, including not breaching immigration rules and demonstrating good character. The application fee is £1,048, and the processing time is typically around eight weeks.

Spouse Visa to Indefinite Leave to Remain

After marrying, you can switch to a Spouse Visa, allowing you to live and work in the UK for up to 5 years (with extensions). Following this period, you can apply for Indefinite Leave to Remain (ILR) through the 5-Year route. To achieve ILR, you may need to meet further requirements, such as passing the Life in the UK Test.

Gaining ILR allows you to reside in the UK indefinitely with your spouse or civil partner and opens up a pathway toward British citizenship if you wish to pursue it.

Get Support With UK Fiancé Visa Applications

Securing a UK Fiancé Visa is a complex process that requires careful planning, thorough documentation, and a genuine commitment to your relationship. From understanding the visa requirements and eligibility criteria to navigating the application process and handling potential refusals, each step is crucial for a successful outcome.

QC Immigration is an experienced team of legal professionals with an extensive knowledge of immigration law. We have a long track record and can offer the pragmatic guidance you need to put together and submit a strong visa application with a greater chance of success. We can help you prepare for the process faster, ensure your application is as strong as possible, and remove the stress and uncertainty from the entire process.