Fiancé Visa

Fiance Visa

The UK Fiance Visa is designed for individuals who are engaged to British or Irish citizens, individuals who hold permanent residence in the UK, those with pre-settled status, holders of a Turkish Businessperson or Turkish Worker visa, as well as individuals granted refugee status or humanitarian protection. This visa enables engaged partners to enter the UK with the intention of getting married within six months of arrival. It is important to note that all UK Fiance Visa applications must be submitted from outside the United Kingdom.

While the UK Fiance Visa does not provide an immediate pathway to permanent residency, it serves as a crucial step toward settlement. Once the marriage has taken place in the UK, applicants are eligible to transition to the UK Spouse Visa category by applying from within the country. The Spouse Visa acts as a direct route to Indefinite Leave to Remain (ILR), granting permanent residency after a continuous stay of five years under this visa route.

Link and Day Lawyers are specialists in UK immigration law, offering clear and confident guidance at every stage. With a focus on precision and care, we support your journey from start to finish.

Status of the Sponsoring Partner

To be eligible for a UK Fiancé Visa, the sponsoring partner must fulfill one of the following immigration or nationality requirements:

  • Hold British or Irish citizenship within the UK; or

  • Possess indefinite leave to remain (ILR), permanent residence, or settled status in the UK; or

  • Hold pre-settled status in accordance with Appendix EU; or

  • Have limited leave to remain as a Turkish Businessperson or Turkish Worker under Appendix ECAA; or

  • Be granted refugee status or humanitarian protection in the UK.

A British citizen in the UK also includes an individual who intends to return to the UK alongside you as your partner. Similarly, a person with indefinite leave to remain is considered eligible if they are being admitted for settlement at the same time as you.

Minimum Age Requirement for a Fiancé Visa

To qualify for a Fiancé Visa, both applicants must have attained the legal adult age of 18 years or above at the time of submitting the visa application. This age requirement is a strict eligibility criterion set by immigration authorities to ensure both parties are legally capable of entering into a marriage contract.

UK Fiancé Visa Relationship Criteria

To secure a UK Fiancé Visa, applicants must satisfy specific relationship requirements that demonstrate the authenticity and intention behind their partnership. The following conditions must be met:

  • No Prohibited Relationship: Both individuals must not fall within any prohibited degree of relationship as defined under UK immigration regulations.

  • Personal Meeting Requirement: You and your partner must have met face-to-face at least once, ensuring that your relationship is not solely virtual.

  • Genuine and Ongoing Relationship: The relationship must be proven to be authentic, committed, and continuing at the time of the application.

  • Marriage Within Six Months: Your primary purpose for entering the UK must be to marry or enter a civil partnership with your partner within six months of arrival.

  • Previous Relationships Ended Permanently: Any prior marriages, civil partnerships, or long-term relationships must have ended permanently before applying.

  • Intention to Live Together Permanently: Both partners must demonstrate a clear intention to live together as a married couple or civil partners permanently in the UK.

Prohibited Degree of Relationship for UK Fiancé Visa Eligibility

To be eligible for a UK Fiancé Visa, it is imperative that you and your fiancé are not within a prohibited degree of relationship, as outlined in the Marriage Act 1949 and the Marriage (Prohibited Degrees of Relationship) Act 1986. These legal provisions ensure that certain close familial relationships cannot form the basis of a valid marriage under UK law.

Relationships That Are Strictly Prohibited

You and your fiancé must not be related in any of the following ways:

  • Adoptive child

  • Adoptive parent

  • Biological child

  • Former adoptive child

  • Former adoptive parent

  • Grandparent

  • Grandchild

  • Parent

  • Parent’s sibling (aunt or uncle)

  • Sibling (includes brother, sister, half-brother, or half-sister)

  • Sibling’s child (niece or nephew)

Conditional Restrictions Based on Age and Family History

Certain relationships may be considered valid for a fiancé visa only if both individuals are aged 21 or older, and the younger individual was not treated as a “child of the family” by the other party before turning 18. These relationships include:

  • Child of a former spouse

  • Child of a former civil partner

  • Former spouse of a grandparent

  • Former spouse of a parent

  • Former civil partner of a grandparent

  • Former civil partner of a parent

  • Grandchild of a former spouse

  • Grandchild of a former civil partner

Understanding and adhering to these relationship restrictions is essential when applying for a UK Fiancé Visa. Failure to meet these criteria will result in the application being refused, as the marriage would not be legally recognized under UK legislation.

Requirement of Personal Meeting

To qualify for a UK Fiancé Visa, it is mandatory that you and your fiancé have met in person. The term “met” specifically refers to a genuine, face-to-face meeting that establishes a mutual acquaintance and relationship. Merely seeing each other in passing, followed by phone conversations or written correspondence, will not fulfill this legal requirement. You must be able to provide substantial evidence that your meeting was personal, authentic, and reflective of a real relationship rather than a superficial encounter.

Genuine and Ongoing Relationship Criterion

To be eligible for a UK Fiancé Visa, applicants must present compelling evidence to the Home Office proving that their relationship with their partner is both authentic and enduring.

The assessment of whether a relationship meets the “genuine and subsisting” standard is conducted individually for each case. The Home Office carefully examines all submitted documentation, personal circumstances, and supporting materials before reaching a decision.

ChatGPT said:

Key Criteria Evaluated by the Home Office to Determine a Genuine and Subsisting Relationship

When assessing the authenticity and ongoing nature of a relationship, the Home Office considers various factors, including:

  • Whether the couple is currently in a committed, long-term partnership.

  • Whether the couple has previously lived together or continues to do so.

  • Whether they share parental responsibilities for children (biological, adopted, or stepchildren).

  • Whether there is a joint financial commitment or shared financial responsibilities.

  • Whether either partner has visited the other’s home country or met their respective families.

  • Whether concrete plans have been made regarding cohabitation and life together in the UK.

If the Home Office has any concerns about the legitimacy or continuity of the relationship, additional verification measures may be taken. These can include in-depth interviews with both partners, conducting background checks, or arranging a home visit to assess the circumstances further.

Essential Documentation to Demonstrate a Genuine and Ongoing Relationship

To satisfy the requirements of the Home Office, applicants must present compelling evidence that illustrates the authenticity and continuity of their relationship. This includes proof of consistent communication, displays of affection and companionship, mutual emotional support, and a demonstrated commitment to each other’s overall wellbeing.

In most cases, the Home Office places significant emphasis on proof of cohabitation. Ideally, documentation should be jointly addressed to both you and your fiancé(e). However, if joint documents are unavailable, individual correspondence showing both parties living at the same address may also be accepted. These records should be recent, ideally spanning the last few years, and should originate from varied and credible sources. While official documents hold the most weight, supplementary non-official evidence reflecting shared living arrangements can also be submitted if necessary.

For couples who have not yet cohabited, or whose cohabitation period has been brief, alternative forms of relationship evidence may be provided. This can include photographs, travel records, communication logs, and other records that demonstrate the sincerity and depth of the relationship.

The Home Office thoroughly scrutinises applications to ensure that relationships are both genuine and subsisting. If there are doubts regarding the authenticity of your relationship, the Home Office may conduct further inquiries. This could involve interviews with you and your fiancé(e), additional background checks, or even a home visit. If the Home Office concludes that your relationship does not meet the required standards of authenticity, the application for a Fiancé Visa may ultimately be refused.

Intention to Marry in the UK Within 6 Months

To secure a UK Fiancé Visa, it is essential to demonstrate a genuine intention to marry within six months of entering the country. Since the Fiancé Visa is granted for a fixed duration of six months, applicants must provide convincing evidence to the Home Office that the marriage will take place during this timeframe.

Supporting documentation, such as proof of wedding arrangements, venue bookings, or detailed plans for the ceremony, can significantly strengthen the application. The Home Office carefully evaluates these details to ensure the applicant’s plans are authentic and align with the visa’s requirements.

Previous Relationship Must Be Permanently Ended

To be eligible for a UK Fiancé Visa, it is a strict requirement that neither you nor your fiancé is currently married or in a civil partnership with another individual at the time of submitting the visa application. Both parties must be legally free to marry.

If either applicant has previously been married or entered into a civil partnership, you must demonstrate to the UK Home Office that the relationship has legally ended. This can be established by providing valid evidence of divorce, dissolution of the civil partnership, or widowhood.

Documentary proof must strictly adhere to the Immigration Rules. For instance, a divorce granted within the UK must be supported by an official decree absolute issued by a civil court. If the divorce took place outside the UK, you must present an equivalent legal document that is recognized and valid under the relevant foreign jurisdiction’s laws.

In cases where either partner was previously married but the marriage has not been legally dissolved, you may still be considered for an Unmarried Partner Visa. However, you will be required to provide strong evidence proving that the new relationship is genuine, ongoing, and that the prior relationship has permanently broken down.

ChatGPT said:

Intention to Reside Together Permanently in the UK

To be eligible for a UK Fiancé Visa, UK Visas and Immigration (UKVI) must be convinced that both you and your fiancé have a genuine and lasting intention to live together permanently in the United Kingdom.

At the initial fiancé visa application stage, you are required to demonstrate a firm commitment to establish a shared life in the UK as soon as the visa is granted, or as quickly as personal circumstances allow thereafter.

When applying for Further Leave to Remain (FLR) or Indefinite Leave to Remain (ILR) as a spouse, the Home Office will carefully review your residency pattern. They expect any time spent outside the UK to be minimal, justifiable, and aligned with your genuine intent to build a permanent life together in the UK. Valid reasons for temporary absences could include employment commitments, professional training, academic studies, or vacations.

However, if either you or your partner spends significant periods living overseas, it may raise doubts about your intention to settle in the UK. The Home Office will assess factors such as the duration of absences, the reasons behind international travel, and whether you and your fiancé continued to reside together during those periods outside the country.

UK Fiancé Visa Financial Requirement

To secure a UK Fiancé Visa, applicants must prove that they can be financially maintained in the United Kingdom without relying on public funds. Meeting the UK Fiancé Visa financial requirement is a critical step in this process.

As per the latest immigration rules, unless you are exempt, the sponsoring partner (or both partners jointly if the applicant is already in the UK with valid leave to remain) must show a minimum gross annual income of £29,000.

It is important to note that there is no longer any additional financial threshold specifically related to dependent children.

For applicants whose sponsoring partner is receiving certain state benefits or entitlements, the financial requirement is assessed differently. In such cases, the sponsor must demonstrate the ability to “adequately maintain and accommodate” the applicant and any dependents entering or remaining in the UK.

The financial requirement must be met at three key stages:

  • When initially applying to enter the UK as a fiancé.

  • When applying to extend your stay as a spouse.

  • When applying for Indefinite Leave to Remain (ILR) as a spouse.

The immigration rules surrounding the Fiancé Visa financial criteria are detailed and require strict compliance with documentary evidence obligations. The burden of proof lies entirely with the applicant. A significant number of UK Fiancé Visa refusals result from insufficient or incorrectly submitted financial documentation.

Fiance Visa English Language Requirement

For most applicants, meeting the English language requirement is a crucial part of a UK Fiance Visa application. The Home Office mandates that individuals must demonstrate adequate proficiency in English unless they qualify for an exemption.

When applying for entry clearance under the Fiance Visa category, you must show English language ability at CEFR Level A1. Later, after successfully transitioning to a Spouse Visa and applying for further leave to remain (typically after holding spouse status for 2.5 years), the requirement increases to CEFR Level A2.

How to Fulfil the English Language Requirement

You can meet the English language requirement for a Fiance Visa through one of the following methods:

  • Citizenship of an English-speaking country: Applicants who hold nationality from a country officially recognised as a majority English-speaking nation automatically satisfy this requirement.

  • Passing an approved English language test: You must take a test with an approved provider listed on the UKVI’s Secure English Language Tests (SELT) and meet or exceed the required CEFR level.

  • Holding an eligible academic qualification:

    • A Bachelor’s, Master’s, or PhD degree awarded in the UK.

    • A qualification obtained outside the UK that is confirmed by Ecctis (formerly UK NARIC) as equivalent to a UK degree and taught or researched in English at or above the necessary CEFR level.

Exemptions from the English Language Requirement

In certain cases, you may be exempt from meeting the English language standard. Exemptions generally apply if:

  • You are aged 65 or older at the time of application.

  • You have a physical or mental condition that prevents you from meeting the requirement.

  • There are exceptional circumstances making it unreasonable to meet the English language requirement prior to entering the UK.

UK Fiancé Visa Supporting Documents – Essential Checklist

One of the leading causes of UK Fiancé Visa refusals is the applicant’s failure to submit adequate and correctly formatted supporting documents. The Home Office enforces stringent rules regarding the evidence required, and even minor oversights can result in a refusal.

The specific documentation needed for a UK Fiancé Visa application will differ depending on the unique circumstances of each applicant. For this reason, relying solely on generic or pre-made checklists can be risky, as they may not cover all the documents relevant to your situation.

It is crucial to ensure that every required document is provided in the correct format and includes all necessary information. Missing or incorrectly prepared evidence can lead to the rejection of your application, resulting in costly and time-consuming delays. While appeals are possible, they can take several months and may still result in an uncertain outcome. Submitting a fresh application would require paying additional fees and facing further delays.

Professional advice from experienced immigration specialists can be invaluable in verifying that your documentation meets the strict requirements of the UK Immigration Rules. A meticulous document review increases the likelihood of a successful outcome and minimizes the risk of refusal due to technical errors or omissions.

UK Fiancé Visa Application Fees

The Home Office currently charges a fee of £1,938 for a UK Fiancé Visa application submitted from outside the United Kingdom. For applicants applying from within the UK either to switch to the spouse visa category or to extend their stay as a spouse the fee is £1,048. Please note that opting for the Priority Service will incur additional charges.

ChatGPT said:

Duration of a UK Fiancé Visa

When your UK Fiancé Visa application is approved, the visa is initially granted for a duration of 6 months.

Once the marriage ceremony has been completed within this timeframe, you may apply to transition into the UK Spouse Visa category without the requirement to leave the country.

A successful Spouse Visa application provides a further 30 months of leave to remain in the UK. Before this period expires, you must apply for another extension of 30 months to continue your lawful stay.

After completing a total of 5 years of continuous residence in the UK under the Spouse Visa route, you will become eligible to apply for Indefinite Leave to Remain (ILR), which is a significant step towards permanent settlement.

Employment Restrictions on a UK Fiancé Visa

Individuals residing in the United Kingdom under a Fiancé Visa are strictly prohibited from engaging in any form of employment. This visa category is designed solely to enable the applicant to join their partner and formalize their marriage or civil partnership within the permitted timeframe. Consequently, undertaking paid or unpaid work, establishing a business, or performing freelance services is not legally allowed during this period.

Where Should You Submit a UK Fiancé Visa Application?

A UK Fiancé Visa must be applied for from outside the United Kingdom. Typically, applicants are required to submit their visa application from the country where they hold legal residence (excluding those in the country as temporary visitors). It is not mandatory to be a citizen of that country to file the application.

How to Apply for a UK Fiancé Visa?

The process of applying for a UK Fiancé Visa begins with completing an online application form.

Prior to starting your application, it is strongly recommended to verify that you are using the correct form suited to your personal circumstances by consulting with an experienced immigration professional.

It is essential to prepare your supporting evidence while working on your application. Certain documents must be dated prior to the online submission of your application, as the Home Office imposes strict requirements on the timing and format of supporting documentation.

Under the current procedure, applicants are generally able to upload digital scans of their supporting documents for assessment by the Home Office. However, it is crucial to confirm the exact document submission procedure applicable to the country from which you are applying, as these guidelines are subject to periodic updates by the Home Office.

What Happens If I Fail to Marry Within 6 Months?

If the marriage has not occurred before the expiry of your Fiancé Visa, you may request an extension of your stay for an additional six months. This extension is typically granted if you can demonstrate a valid and compelling reason for the delay, along with credible evidence confirming that the wedding is scheduled to take place within the forthcoming six months.

When Can I Apply for a British Passport?

Upon entering the UK under a Fiancé Visa, you are typically granted an initial stay of six months. During this period, you are expected to get married. After the marriage takes place, you can transition into the Spouse Visa category. A successful application in this category grants you further leave to remain for 2 years and 6 months (30 months). Before this period expires, you must apply for an extension, which, if approved, provides an additional 2 years and 6 months of residence.

Most applicants on a Spouse Visa follow the 5-year settlement route. This means that after two consecutive grants of 30 months each, you will qualify to apply for Indefinite Leave to Remain (ILR).

For individuals following the 10-year settlement route, four consecutive grants of leave are required to achieve ILR. If you switch from the 5-year route to the 10-year route after entering the UK, your previous grants of leave may still count toward your 10-year residency requirement.

Once you have secured Indefinite Leave to Remain, the pathway to British citizenship depends on your marital status:

  • If you are married to a British citizen, you can immediately apply to naturalise as a British citizen.

  • If you are not married to a British citizen, you must wait an additional 12 months after obtaining ILR before applying for naturalisation.

What Should You Do If Your UK Fiancé Visa Application Is Denied?

In the unfortunate event that your UK Fiancé Visa application is refused, you typically have the legal right to appeal the decision. This is because a fiancé visa application is automatically considered a human rights claim, granting applicants the ability to challenge the refusal.

Your appeal will be reviewed by the First-tier Tribunal (Immigration and Asylum Chamber) in the United Kingdom.

  • If you are currently in the UK: Both you and your fiancé will have the opportunity to attend the hearing and present evidence directly before the judge.

  • If you are outside the UK: Your fiancé can attend the hearing on your behalf, while you can submit a written statement and supporting evidence for the tribunal’s consideration. In some cases, remote evidence sessions may be arranged if deemed appropriate.

It is essential to understand that immigration appeal proceedings can be lengthy, often taking several months, and the final outcome may remain uncertain. To increase your chances of success, it is strongly recommended to seek professional legal guidance from a specialist immigration lawyer before proceeding with an appeal against a fiancé visa refusal.

How Link And Day Lawyers Can Support You

At Link And Day Lawyers, our team of immigration specialists is highly experienced in guiding foreign national fiancés through the process of relocating to and settling in the UK with their partners. We have successfully supported numerous applicants in preparing and submitting UK Fiancé Visa applications, ensuring a smooth and efficient process.

Whether you need in-depth advice on the specific requirements of the UK Immigration Rules for a Fiancé Visa, a professional evaluation of your eligibility, or comprehensive support in drafting and submitting your application, our immigration professionals are here to provide the expertise you need.

The financial requirements associated with UK Fiancé Visa applications can be particularly challenging, as they involve strict rules and mandatory documentary evidence to satisfy the UK Visas and Immigration authorities. Our experts specialise in assisting applicants with intricate or unconventional financial situations, ensuring that every aspect of the application meets the necessary criteria to achieve a positive outcome.

We are committed to delivering a personalised and client-focused approach, taking the time to understand your circumstances and provide tailored solutions. With a reputation for being both approachable and proactive, our team offers reliable and transparent immigration advice, ensuring that individuals applying for a UK Fiancé Visa receive exceptional support throughout the process.

Contact Us

Contact Page Form
blog39

Need Any Immigration Advice!

Hotline