What is the UK Fiancé visa?
The Fiancé visa is specifically for those who are engaged to be married to their partner who is either British or settled in the UK. With this visa route, there are strict guidelines regarding when you must marry your partner.
It is a unique route in the immigration rules as it is solely used for people in a relationship to come to the UK to get married.
What are the eligibility requirements for a Fiancé visa?
The key requirements are as follows:
- Both you and your partner must be aged 18 years or over;
- You must intend to marry within 6 months of your arrival in the UK;
- You can prove that any past relationships have broken down permanently
- You must be able to prove that your relationship is sincere (this includes providing evidence that you have met in person)
- Your partner (who acts as your sponsor) must be a British citizen or living with Indefinite Leave to Remain in the UK
- You and your partner are both legally free to marry, and your marriage would be lawful
- You have suitable accommodation arranged for you and your partner to live in together permanently, along with any dependents
- You meet the English language requirement
- You meet the financial requirement (this proves that you will not rely on public funds throughout the duration of your stay in the UK)
Can I stay in the UK on a Fiancé visa?
A Fiancé visa only grants the holder six months of limited leave in the UK. The visa is designed solely to allow a partner to join their other half with a plan to get married and then to stay in the country afterwards to build a life together. This is the important difference between a Fiancé visa and a Marriage visitor visa for example. The visitor visa option is designed for a couple to marry only in the UK with a plan to leave the UK afterwards.
You cannot extend the Fiancé visa after the initial six months. At that point, most applicants apply for and move onto a Spouse visa. It is recommended to apply as soon as you can after you are married.
Moving onto a Spouse visa means the applicant can then stay in the UK for up to two and a half years. You are able to apply from inside the country. You can make an application as the married partner of a settled person or a British citizen.
What are the Spouse visa requirements?
Similarly to the Fiancé visa, you must be able to prove that you and your partner are still in a genuine relationship, have been together for two years and have suitable accommodation to live in together, if you don’t already by the time of the application.
It is highly recommended that you seek legal advice and support from a professional immigration lawyer when making a Fiancé or Spouse visa application. The Spouse visa application is notoriously difficult, as the Home Office hopes to catch out “sham” or fake marriages before they enter the UK. There are very detailed eligibility requirements and a long list of documentary evidence that is required however a general overview is as follows:
- Your marriage must be lawful
- You and your partner must be aged 18 years or over
- You must be married to/in a civil partnership with a British national or person who is a permanent resident of the UK
- You meet the necessary financial requirement and will not rely on public funds
- You have proof of suitable accommodation in the UK that you, your partner and any dependents will live in together
- You meet the English language requirement; you are required to prove that you have a strong understanding of English
Can I work on a Spouse visa in the UK?
Applicants are unable to work during their six months of leave on a Fiancé visa. However, if you then move on to a Spouse visa, you are able to work in the UK. You are not able to access government support or public funds, and therefore you will need to support yourself while you are in the UK.
You and your partner must meet the financial requirement as above and have a combined income of a least £18,600. This is to ensure you can support yourself in the UK. You will need extra money for each child or dependent, and you are able to use cash savings to top up your income.
This figure rises by £3,800 for your first dependent and an additional £2,400 per each dependent or child after that who plans on living with you in the UK. A dependent does not have to be someone under 18 but could also be someone that lives in your care and does not live an independent life.
Do you need immigration advice?
Getting married is one of the biggest events in a person’s life. Our Birmingham Immigration Lawyers can provide top-quality immigration advice services to ensure your immigration needs do not get in the way of your special day.
We have decades of experience across multiple areas of immigration law, and can offer remote advice sessions, as well as full application packages, document checking and more. If you are looking to marry your partner in the UK on a Fiancé visa, apply for a Spouse visa, or any other visa category, speak to our professional and dedicated team of immigration lawyers today on 0121 667 6530.