In the United Kingdom, Fiancé(e) visas are available to those engaged to be married to British Citizens or those permanently resident in the UK, provided the marriage takes place within six months. UK Fiancé(e) Visas allow non EEA/EU nationals to travel to the UK to get married and to switch into the Spouse Visa category.
Eligibility Requirements for UK Fiancé(e) Visa:
In order to obtain a UK Fiancé(e)/proposed Civil Partner visa, the couple must satisfy the UKBA’s Entry Clearance Officer that certain circumstances exist. These includes:
The Sponsor must be ‘Present and Settled’ – That the sponsor (the partner resident in the UK) is entitled to live and work in the UK with no restrictions on their stay. This ordinarily means that they are a British Citizen (either by birth, descent or nationalisation) or that they are a permanent resident holding indefinite leave to remain. The sponsor must also be either permanently resident in the UK (or, if overseas on a temporary basis, they must intend to return to the UK before or with their Fiancé(e).
Both parties must be Free to Marry – The sponsor and the foreign Fiancé(e) must be legally capable of marrying at the time of the Fiancé(e) visa application. If one or both are still wed to another, they must be able to demonstrate that divorce proceedings (or an equivalent process to annul their previous marriage) are underway. Normally, the UKBA will reject a Fiancé(e) visa application if they are not satisfied that both parties are going to able to wed within six months of the application.
Both parties must be of the legal age to marry – Both the sponsor and the Fiancé(e) must be at least 18 at the time of the application.
The parties are required to have met. – The couple must produce documentary evidence to establish that the UK-resident sponsor and their foreign Fiancé(e) have met in person prior to making the application. Obviously, the best prospects of success in this regard exist for those couples who have spent significant time in in each other’s company.
Wedding Arrangements – The parties must seriously intend to wed.The best prospects of success in a Fiancé(e) visa application exist for those couples who are able to produce documentary evidence of their planned wedding. The marriage must take place in the United Kingdom.
The parties must be in a ‘Bona Fide’ relationship – The Entry Clearance Officer must be satisfied that the couple are in a genuine relationship. The couple must be able to demonstrate that they are in a committed relationship and that they intend to continue this following their wedding.
The Applicant must be able to speak English – Applicants who are not citizens of a country which is predominantly English Speaking must pass a mandatory English test before making their application for a Fiancé(e) visa, for entry as a proposed civil partner or spouse visa. Applicants who have studied to degree level are normally exempt.
Accommodation and Financial Arrangements are in place – The sponsor (the partner already in the UK) must be financially secure and be able to provide suitable accommodation in the UK for their partner. The sponsor must earn a minimum of £18,600 p/a, and have done so for the 6 months (12 months if self-employed) leading up to the date of the application. If children are involved, the threshold amounts are as follows:
- £22,400 if there is one child/dependant
- £24,800 if there are two dependants
- £27,200 if there are three dependants and
- £2,400 more for each additional child.
If the sponsor is not earning this amount in work, then they can rely on other sources of income or financial support such as savings and investments, provided these are sufficient to support the Fiancé(e) without recourse to public funds. The UKBA may also consider the applicants personal wealth when making a determination.
Why us? In your UK Fiancé Visa Matter
- Extremely high success rate in these types of cases
- Fixed fees so you stay in control
- Handled hundreds of matters successfully
- Wealth of experience and knowledge as to the best way forward for you and your family.
- Direct access to qualified solicitors – with in-depth experience
- Specialist solicitors who can get the application right the first time
- Succeeded in complex cases where others have failed. This can include a situation where the foreign national has a complex immigration history or the refusal involves a re-entry ban of 1, 5 or 10 years
- Consultation with a specialist solicitor to assess your eligibility, avoid disappointment and wasted fees.