Fiancé(e) and Proposed Civil Partner

Introduction

Individuals wishing to enter the UK on the basis of their relationship to a British national or a person present and settled in the UK do not have an automatic right of entry.  Instead it is necessary to apply for a visa to enter the UK in the correct capacity.  Prior entry clearance in this category is mandatory.

The Rules

The requirements to be met by a person seeking leave to enter the United Kingdom as a fiance(e) or proposed civil partner are that:

(i) the applicant is seeking leave to enter the United Kingdom for marriage or civil partnership to a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; and

 

(ii) the parties to the proposed marriage or civil partnership have met; and

 

(iii) each of the parties intends to live permanently with the other as his or her spouse or civil partner after the marriage or civil partnership; and

 

(iv) adequate maintenance and accommodation without recourse to public funds will be available for the applicant until the date of the marriage or civil partnership (see our Maintenance section); and

 

(v) there will, after the marriage or civil partnership, be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and

 

(vi) the parties will be able after the marriage or civil partnership to maintain themselves and any dependants adequately without recourse to public funds; and

 

(vii)(a) can demonstrate a minimum competence in the English language. 

Entry will initially be granted for a period of 6 months during which time you should marry your partner. Once you have undertaken the marriage or civil partnership, an applicant can apply to switch status to either spouse or civil partner. The switching application can be lodged by either the postal system or premium same day service.

A fiance or prospective civil partner cannot take employment until such time as their subsequent spouse or civil partner application has been approved.

Procedure

This visa can only be obtained from outside the UK. It is not possible to obtain this visa from within the UK. The application should be lodged at the nearest British overseas post authorised to deal with such matters.

Please contact us on +44 (0)20 7038 3980 or at info@rlegal.com if you would like to discuss your immigration requirements.

© RLegal Solicitors

DISCLAIMER: The information on this brief guide is correct to the best of our knowledge and belief. However, it is written as a general guide only and it is strongly recommended that specific advice is sought before action is taken.