What is a Fiancé/Fiancée Visa and how we can help you at My Legal Services
What is a Fiancé/Fiancée Visa?
If you intend to relocate to the UK to begin a new life with your UK-based partner, you could be eligible for the UK Fiancé/Fiancée Visa. The Fiancé/Fiancée Visa is designed to enable non-EEA nationals to enter the UK to marry/enter into a civil partnership with their UK partner, and to begin a new life here. The applicant’s partner must be either a UK citizen or a person with settled status in the UK.
Fiancé/Fiancée Visas last for 6 months and they are granted under the assumption that you will marry your partner within the validity period of the visa.
You must apply for another Immigration permission to remain before your Fiancé/Fiancée Visa expires in the UK. The simplest transition is to the Spouse Visa, which grants holders 30 months of residence in the UK. You can look for employment and study in the UK as a Spouse Visa holder, without any restrictions. It is therefore important you get the correct immigration advice and legal representation in support of your fiance visa applicant application.
Who is Eligible for a UK Fiancé Visa?
In order to apply for a fiancé visa, both you and your partner must meet certain conditions and requirements.
The main eligibility criteria are as follows:
- Both you and your partner must be at least 18-years-old
- You must be planning to get married within the 6-month validity period of the Fiancé/Fiancée Visa
- Your partner must be a UK citizen or a person with settled status
- You must intend to live with your partner in the UK once you are married/in a civil partnership
- You need to demonstrate that you have the means to financially support yourselves as a couple and won’t become a financial burden on the state. You must have a combined income of at least £18,600 annually
- You need to show that you have suitable accommodation to live in with your partner and your dependents
- If you are from a non-English-speaking country, you need to take an approved English test to prove that you can understand and communicate in English and meet the English language test or English language requirement
What are the Financial Requirements for the Fiancé/Fiancée Visa UK?
In your Fiancé/Fiancée Visa UK application, you will need to provide evidence which demonstrates that you meet certain minimum financial thresholds.
You need to prove to the Home Office that as a couple you have enough money to support yourselves whilst you are in the UK (as well as any dependents included in your application) without recourse to public funds.
Your annual income must be at least £18,600. If you have any child dependents additional financial requirements would apply to meet the requirement.
You can prove your finances through any of the following:
- Regular salary through employment
- Statutory sick pay, maternity, paternity or adoption pay
- Stocks and shares
- Pension payments
- Property financial gains, such as a regular income from rent
It is important to note that as a Fiancé/Fiancée Visa holder, you will not be classed as a permanent resident and therefore, you will not have access to public funds.
You may still be able to meet the requirement if you are not working or are on benefits or have sufficient savings to satisfy the financial requirements. If your UK Sponsor – husband or wife is in receipt of the following specified benefits, you will need to fulfil the financial requirement of £18,600.
- Disability Living Allowance
- Severe Disablement Allowance
- Carer’s Allowance
- Attendance Allowance
- Personal Independence Payment
- Industrial Injuries Disablement benefit
- Police Injury Pension
- Armed Forces Independence Payment or Guaranteed Income Payment under Armed Forces Compensation Scheme
- Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under War Pensions Scheme
What is the ‘adequate maintenance’ test & requirement?
The adequate maintenance test/requirement will require you and your partner to prove that the level of income available to your family unit (after income tax, National Insurance contributions and housing costs have been deducted), is equal or exceeds the level of Income Support an equivalent British family of your size is eligible for. This is subject to the following adequate maintenance calculation:
The adequate maintenance calculation
A – B ≥ C
(A minus B is greater than or equal to C)
A is the net income (after deduction of income tax and National Insurance contributions);
B is housing costs (what needs to be spent on accommodation)
C is the amount of Income support an equivalent family unit can receive in the UK.
Here is a handy checklist that we have put together to help you make sure you have the right documents:
Receiving a Decision
If your Fiancé/Fiancée Visa application is approved, you will be permitted to remain in the UK for up to six months. You must get married within the 6-month period of your Fiancé/Fiancée Visa and you must abide by the conditions imposed on your Immigration permission.
If you are travelling from outside of the UK, you will need to report to border control when you arrive in the UK. It is important to bring photocopies of key documents and information from your application with you when you travel to the UK.
In most circumstances, you will not be able to apply for a Fiancé Visa extension.
However, if there were exceptional circumstances which prevented you from getting married within the initial 6-month period, at the discretion of the Home Office, you might be granted an extension from inside the UK, without the need to return back to your home country and re-applying for a new visa again. The same requirements will need to be fulfilled to be eligible to apply for the extension and your circumstances must not have changed significantly.
How Do I Switch to the Spouse Visa?
One of the main benefits of the Fiancé/Fiancée Visa is that it offers a smooth transition to the highly sought-after Spouse Visa or Civil Partnership Visa and the good news is you can make the application from within the UK. You will need to meet the Spouse visa requirements and application process, in order to apply but you will not need to leave the UK to apply for it.
You can stay in the UK for 30 months under a Spouse Visa and you will be able to apply for a Spouse Visa extension before your original Spouse Visa expires, provided your circumstances haven’t changed. The Spouse Visa extension also lasts for 30 months.
You can work in the UK and study as a Spouse Visa holder and all time spent in the UK under this visa counts towards minimum residency requirements for Indefinite Leave to Remain (ILR) in order to settled in the UK and then apply to be eligible for British citizenship.
After you have spent 5 years living in the UK under a Spouse Visa, you can apply for Indefinite Leave to Remain status, which is a form of permanent residence, meaning you can remain in the UK without any restrictions.
After you have lived in the UK for a year under ILR, you will be eligible to apply for full British citizenship. As a British citizen, you can apply for a British passport and enjoy the full benefits of being a British citizen.
Get in Touch with us Today.
My Legal Services immigration lawyers can help you check your eligibility and individuate the correct requirements to make your application successful. Call us on 02037 324 736 to speak with one of our qualified Immigration Lawyers and get for immediate help or enquiry online with your situation
We employ only the highly trained immigration lawyers to help our clients with their Immigration issues. All of our lawyers and solicitors are trained and qualified to help you with the application, appeal or decision making process in obtaining your visa in the UK. You can speak at any time with one of our specialists who will be happy to assist you and go over the process for you to obtain your leave to remain in the UK.
Hire one of our Immigration Solicitors in London to benefit from our Application package, which will allow us to complete your application for a successful Fiancé/Fiancée visa application.
You may also be interested in:
- Marriage Visitor Visa
- Unmarried Partner Visa
- Parent of a British Child
- 7 years child rule/route
- Child Registration as a British citizen
- What is the FLR FP Form?