If you intend to marry or enter a civil partnership in the UK you will require a fiancé or proposed civil partner visa unless you are an EEA national. As with the spouse and civil partner categories, the law and evidence requirements can be complex – the Home Office refuses approximately 1 in 5 family related applications (Immigration Statistics, Apr-Jun 2013).
We strongly recommend that you contact us for good legal advice.
A fiancé or proposed civil partner visa is valid for 6 months during which time you should travel to the UK, marry your partner and apply to change your visa to either the spouse or civil partner category.
You can leave and re-enter the UK on a fiancé or proposed civil partner visa but you cannot study, take employment or engage in business.
Your partner must be either British or settled in the UK (i.e. hold indefinite leave to remain or permanent residence) and you must:
RLegal will guide you through the complex evidential requirements and assist you from start to finish with your application. We have over 20 years experience of lodging successful applications in these categories. We will take the worry out of the process and give you peace of mind.
Alternatively click on the links below for more detailed information.
To gain permission to enter the UK as a fiancé or proposed civil partner you will need to satisfy the following requirements.
1. The applicant’s partner (the sponsor) must be
- a British Citizen in the UK;
-present and settled in the UK;
-or in the UK with refugee leave or humanitarian protection.
2. Both parties to the relationship must be aged 18 or over at the date of application and not be within the prohibited degree of relationship.
3. The applicant and their partner must have met in person.
4. They must intend to marry within the duration of the visa (6 months).
5. They must intend to live permanently with the other as his or her spouse or civil partner following the marriage or civil partnership.
6. Any previous relationship of the applicant or their partner must have broken down permanently.
7. The applicant must meet a specific financial requirement (read more below).
8. The couple must be able to accommodate themselves and any dependants adequately without additional recourse to public funds both before and after the ceremony.
9. The applicant must demonstrate a minimum competence in the English language. This can be done either by being a citizen of a specified country, holding a degree level qualification that was taught in English, or by passing an approved English language test to level A1.
This is one of the most complicated aspects of obtaining a fiancé or proposed civil partner visa. The law on the subject extends to over 30 pages. We set out below a summary of the main rules.
Applicants must show that they meet certain minimum income or savings thresholds to qualify for the visa.
The annual income thresholds are:
- Applicant with no children: £18,600
- First child: an additional £3,800*
- Subsequent children: an additional £2,400 per child*
* Applies only to children that are dependants on the application and are not British citizens or already settled in the UK.
The sources of income which are acceptable are:
- employment or self employment of the sponsor;
- certain permitted sources other than employment, such as rent from property and, from 6 April 2014, ongoing payments from insurance policies, e.g. income protection;
- state or private pensions of the sponsor; or
- maternity allowances or bereavement benefits received in the UK.
Shortfalls in income can be made up from savings in excess of £16,000. For example, if your sponsor’s income is £17,000, you will have a shortfall of £1,600. The amount of savings you would need to hold is £20,000 (i.e. £1,600 x 2.5 + £16,000).
If your sponsor does not have an income, the amount of savings you need to hold rises to £62,500.
Savings must be held in an account in your or your partner’s name for 6 months prior to the date of application.
Applicants will be exempt from these financial requirements if their UK sponsor receives a specified disability related benefit or carer’s allowance. In these circumstances, it is necessary to show that the couple can still maintain and accommodate themselves without additional recourse to public funds.
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. The process involves submission of an online application and original specified evidence, attendance at a biometric appointment and potentially an interview.
Applicants from certain specified countries may be required to undertake a tuberculosis test.
Processing times vary enormously between countries and can be from 1 week to 6 months or more.
UK visa fee £1494
Priority settlement option £551
Some (but not all) British visa application centres around the world offer a ‘Priority Settlement Service’. This is an additional cost service that will place your application at the front of the processing queue. Use of this service may speed up the processing time for your application, however, the Home Office do not guarantee expedited treatment.
Applicants are not required to pay an Immigration Health Surcharge fee for a fiance or proposed civil partner visa.
- Comprehensive legal advice.
- Ensuring your application meets the legal requirements.
- Assistance with compiling the complex evidence required for this category.
- Completion and submission of all forms.
- Booking a biometric appointment.
- Ongoing liaison with the authorities where possible.
If you would like to discuss your application for a fiancé or proposed civil partner visa in more detail, please contact us on +44 (0)20 7038 3980, email us at email@example.com or use our online enquiry form.