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Fiancé Visa Solicitors

Fiancé visa legal requirements and information for individuals

What is a UK Fiance Visa?

The UK Fiance Visa is for those intending to marry a partner who is a British citizen or settled in the UK through the family member route and must be applied from overseas.

The same-sex equivalent visa is known as the proposed Civil Partner route herein referred to as the Fiance Visa.

Subject to meeting the eligibility requirements which includes meeting a minimum income financial requirement of £29,000 per year, it enables an applicant to live in the UK for up to 6 months, but not study or work, during which time the individual must marry their partner and apply for a visa extension to remain through the UK Spouse Visa which leads to settlement status and ultimately the possibility of British citizenship

The Fiance Visa is the initial stage of a process to settle in the UK. The second is to obtain the Partner Visa UK once married, followed by an extension and then an application for indefinite leave to remain and potentially British citizenship. You must continue to live with your partner and comply with UK immigration laws until you have obtained ILR, but you are free to live and work in the UK. 

Please note the fiance visa is not mandatory to enter the family visa route as you can marry overseas and then just apply for Partner Visa UK. However, if you are in the UK with a long term visa which has been issued for more than 6 months you may be able to switch immigration status without having to leave the UK.

For those who do not intend to live and work in the UK but simply wish to get married here the appropriate visa to apply for is the visit for marriage visa

Fiance Visa UK requirements

The UK sponsor must be:

    • a British citizen settled in the UK
    • an Irish national
    • a person granted refugee or humanitarian protection status
    • a Turkish Worker

You will then need to meet the following fiance visa requirements: 

    1. you and your partner must meet the minimum age requirement of 18 years at date of application and not be within the prohibited degree of relationship i.e. not closely related such as brother or sister 
    2. have met in person, this requires a physical meeting and evidence thereof can be requested 
    3. intend to marry within the 6 month validity period of the fiance visa UK evidence of which must be supplied. This can be through supplying evidence of the wedding ceremony, booking of the reception or any other services related to the wedding 
    4. intend to live together permanently with one another following the marriage or Civil Partnership and is a question of fact 
    5. must be in a genuine relationship with one another and is perhaps one of the more challenging aspects of the Fiancee Visa requirements. For those in longer term relationships this will be easier to demonstrate than those who are not through supporting documentary evidence. In short documentation to substantiate the relationship should be produced but will depend on the circumstances of the case 
    6. any previous relationship of either party must have permanently broken down this generally requires divorce certificates to be produced 
    7. meet a minimum financial requirement of £29,000 per year and is arguably the most challenging aspect of the fiancee visa requirements, read more below 
    8. meet an adequate accommodation requirement without recourse to public funds and for any dependants. The Home Office will want to see that the proposed accommodation has sufficient space for the couple and any dependants and complies with UK legislation. This varies from case to case and depends on the size of the property and who the other occupants are and their ages. It may be advisable to produce an independent property report but in most cases this can be met by showing tenancy agreements or evidence of ownership with documentation showing the size of the property
    9. the applicant must demonstrate a minimum competence in the English language. This can be met through being a citizen of a specified majority English speaking country, holding a degree level qualification that was taught in English and certified through ECCTIS if not obtained from a UK approved educational institution such as a University or by passing a specified secure English language test at level A1 or above.

How to apply for a UK Fiance Visa

The UK Fiance visa can only be applied for from outside the UK and the process involves:

    • submission of an online application through the Home Office where payment of the application fee is required
    • uploading supporting evidence
    • attendance at a biometric appointment through a third party body (VFS); and
    • potentially an interview which is rare.

Applicants from certain specified countries must undertake a Tuberculosis test.

The standard processing time is 12 weeks although for an additional fee of £500 can be processed within 25 working days through a priority service.

Once in the UK, an individual should contact a Registrar to give Notice of Intention to Marry. The Registrar will normally want to see that you have the required UK Fiance Visa.

The requirements to give Notice are:

    1. pay a fee 
    2. complete a period of 7 days and nights in the UK and give notice on the 9th day 
    3. provide ID documents and possibly evidence of residence. 

The above should be checked with the Registrar for the Marriage Visa UK.

The notice period will be at least 29 days and thereafter you will be free to marry.

If you do not have a UK Fiance Visa the Registrar may then refer the case to the Home Office to see whether they have an objection. The Home Office will have up to 70 days to investigate.

For those who do not have an immigration status for the UK or in other words are here illegally or as overstayers the Home Office can request an interview. It is important to note that it is not uncommon for the Home Office to detain and attempt to remove individuals from the UK who are in this situation.

Once granted permission to marry, the marriage date should be set, if not already done so. Any plans associated with this should be made.

For those who do not have an immigration status as referred to above it is not unheard of for the Home Office to detain people at the ceremony. 

Expert guidance and support throughout the application process

Applying for a Fiance Visa to the UK and, at the same time, planning a marriage and a visa extension within 6 months in a new country can be stressful and challenging.

Our lawyers have decades of experience with the marriage visa process, are recommended by the Legal 500 as immigration lawyers and have reviews spanning more than 10 years.

We can assist you to understand the legal requirements, process and fees required to plan and succeed to ensure a successful outcome.

Documents required for Fiance Visa UK

Some documents are mandatory to meet the fiance visa requirements which are highlighted in bold below:

    • current passport
    • current passport of UK-based sponsor
    • tuberculosis test certificate
    • evidence to show when the proposed marriage will take place
    • A1 English language test certificate if not from a specified majority English speaking country i.e. degree certificate with ECCTIS certification or if obtained from a majority English speaking country, or specified English language test at level A1 or above
    • evidence that the proposed accommodation is adequate which can include documents to show ownership, tenancy agreements, consent letters, independent property reports or floor plans and photographs
    • documentation to show the relationship is genuine which can include evidence of contact, evidence of cohabitation (where relevant), trips to be together, joint financial commitments, bank statements, photographs, letters of support

Financial requirements for UK Fiance UK

The financial rules apply equally across all partner visa types. In other words, the requirements for a fiancé visa are the same as for spouse or civil partner visa.

We set out below a summary of the main rules but more detailed information can be found on our spouse visa page.

Applicants must show that they meet certain minimum income or savings thresholds. The minimum earning requirement is £29,000 p.a.

There are no additional increments for children dependents on the application. 

Acceptable sources of income are:

    • employment or self-employment of the sponsor;
    • certain permitted sources other than employment, such as rent from property, 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 held by either the sponsor or the applicant.

If your sponsor does not have an income, the amount of savings you need to hold rises to £88500.

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.

For those few who were granted a fiancé visa prior to 11 April 2024, they will remain subject to an £18600 financial requirement through to settlement unless, for example, they do not renew their visa or apply to stay in the UK with a different sponsor.

English language

A fiance visa application must meet the English requirements. This must be at a minimum level of A1.

Those who are from the following specified majority English language speaking countries do not need to provide any evidence other than the passport showing the nationality.

    • Antigua and Barbuda
    • Australia
    • the Bahamas
    • Barbados
    • Belize
    • the British overseas territories
    • Canada
    • Dominica
    • Grenada
    • Guyana
    • Jamaica
    • Malta
    • New Zealand
    • St Kitts and Nevis
    • St Lucia
    • St Vincent and the Grenadines
    • Trinidad and Tobago
    • USA

Cost of Fiance Visa UK

The UK Fiance visa can only be applied for from outside the UK.

The standard Fiance visa cost application fee is £1938, payable in either a local currency, Euros or US dollars.

The timescale for processing is approximately 12 weeks or more.

An optional priority processing Fiance Visa cost fee £500 (local currency) subject to availability can be paid which should lead to the application being considered within 25 working days of attending the biometric appointment. 

About the author

Evan Remedios

Evan is a solicitor and founding partner of RLegal Solicitors, having practiced immigration law since 1991. His expertise covers all aspects of corporate and private UK immigration work.

Legal 500: "Evan Remedios is helpful from beginning to end and makes things clear and very simple."

 

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