Fiance Visa Application

What is Fiance visa?

A UK Fiance Visa is a type of visa that allows a person to come to the United Kingdom to marry their UK-based partner. The visa is also known as a “prospective marriage visa” or a “proposed civil partner visa”.

To apply for a UK Fiance Visa, the applicant must meet certain requirements, such as being in a genuine relationship with a UK citizen or settled person, intending to get married within six months of arriving in the UK, and being able to meet the financial requirements set by the UK government.

UK Fiance visa requirement

To be eligible for a UK Fiance Visa, the applicant must meet certain requirements. These requirements include:

1. Relationship: The applicant must be in a genuine and subsisting relationship with a UK citizen or settled person.
2. Intention to marry: The applicant must have the intention to marry their partner in the UK within six months of their arrival. This requirement can be waived if there are exceptional circumstances.
3. Financial requirements: The applicant must be able to meet the financial requirements set by the UK government. This includes demonstrating that their partner has a gross annual income of at least £18,600, or that they have savings of at least £62,500.
4. Accommodation: The applicant must have suitable accommodation available for themselves and any dependents, without the need to rely on public funds.
5. English language proficiency: The applicant must meet the English language requirements by passing an approved English language test or by demonstrating their knowledge of English in another way.
6. Health requirements: The applicant must not pose a risk to public health and must be free from tuberculosis (TB).
7. Character requirements: The applicant must not have a criminal record and must not have breached UK immigration laws.

The exact requirements may vary depending on the individual circumstances of the applicant, and it is important to consult the UK government’s official guidance and seek professional advice when applying for a UK Fiance Visa.

Genuine relationship requirement

The Genuine Relationship requirement is a key element of the UK Fiance Visa application. It means that the applicant must demonstrate that they are in a genuine and subsisting relationship with their UK-based partner.

To prove that the relationship is genuine, the applicant must provide evidence of their communication and history of their relationship. This can include, but is not limited to:

• Details of how and when the couple met
• Evidence of regular communication between the couple, such as emails, letters, and phone records
• Evidence of the couple’s shared experiences, such as photographs together and records of trips taken together
• Evidence of the couple’s future plans together, such as plans to get married, live together in the UK, or start a family

It is important to note that the UK government will carefully scrutinize the evidence provided to determine whether the relationship is genuine or not. They will look for any inconsistencies or red flags that may indicate that the relationship is not genuine.

If the UK government determines that the relationship is not genuine, the visa application will be refused. Therefore, it is crucial that the applicant provides sufficient evidence to demonstrate that they are in a genuine and subsisting relationship with their UK-based partner.

Fiance visa financial requirement

The financial requirement for a UK Fiance Visa is a key aspect of the application process. The UK government has set specific financial criteria that must be met in order for a visa to be granted.

The financial requirement can be met in one of two ways:

1. Sponsor’s income: The sponsor (the UK-based partner) must have a gross annual income of at least £18,600. If the sponsor has dependent children, the income threshold is higher. The sponsor must provide evidence of their income, such as pay slips, bank statements, and tax returns.
2. Savings: The applicant and/or their partner must have savings of at least £62,500. The savings must have been held for at least six months and must be in addition to any other income the couple has. The savings can be held by either the applicant or their partner, or jointly.

It is important to note that meeting the financial requirement is not the only criteria for obtaining a Fiance Visa, and other requirements such as the Genuine Relationship requirement and the English language requirement must also be met.

If the financial requirement is not met, the visa application will be refused. Therefore, it is important to carefully review the financial requirements and seek professional advice if necessary to ensure that the financial criteria are met.

Exemption from financial requirement for Fiance visa application

There are certain circumstances under which an applicant may be exempt from the financial requirement for a Fiance visa application. These exemptions include:

1. Disability: If the applicant or their partner has a disability that prevents them from meeting the financial requirement, they may be exempt. The exemption will be granted if the applicant or their partner receives disability-related benefits or allowances.
2. Carer: If the applicant or their partner is the primary carer for a person who requires long-term care, they may be exempt. The exemption will be granted if the applicant or their partner receives Carer Allowance or a similar benefit.
3. Child: If the applicant or their partner is the primary carer for a British or settled child, they may be exempt. The exemption will be granted if the applicant or their partner receives Child Benefit or a similar benefit.
4. Exceptional circumstances: In some cases, where there are exceptional circumstances, an applicant may be exempt from the financial requirement. This may include situations where the applicant or their partner has recently experienced a significant change in circumstances, such as the loss of a job or a serious illness.

It is important to note that exemptions from the financial requirement are granted on a case-by-case basis, and the UK government will carefully consider each application before making a decision. If you believe that you may be eligible for an exemption, you should seek professional advice and provide evidence to support your case.

What is the English language requirement for Fiance visa application

To apply for a UK Fiance Visa, you must be able to demonstrate your knowledge of the English language. This is known as the English language requirement.

The English language requirement can be met in several ways:

1. Nationalities with automatic exemption: Citizens of certain countries are automatically exempt from the English language requirement. These countries include Australia, Canada, New Zealand, and the United States.
2. English language test: Applicants can take an English language test approved by the UK government. The test must be taken at a recognized test center, and the applicant must achieve at least CEFR level A1 in speaking and listening.
3. Academic qualification: Applicants who have completed a degree or higher education course taught in English can be exempt from the English language requirement. The course must have been taken at an institution that is recognized by UK NARIC.
4. Extension applications: Applicants who have previously been granted leave to remain in the UK as a fiancé or spouse may be exempt from the English language requirement when they apply to extend their stay.

It is important to note that meeting the English language requirement is not the only criteria for obtaining a Fiance Visa, and other requirements such as the Genuine Relationship requirement and the Financial Requirement must also be met.

If you are unsure about whether you meet the English language requirement, you should seek professional advice to ensure that you provide the necessary evidence to demonstrate your knowledge of English.

What is the accommodation requirement for a UK Fiance visa

As part of your UK Fiance Visa application, you will be required to provide evidence that you and your fiance will have adequate accommodation available to you during your stay in the UK, without relying on public funds. The accommodation must be owned or exclusively occupied by you or your fiance.

To meet this requirement, you must provide evidence to show that the property is legally owned or occupied by you or your fiance and that it is suitable for the number of people who will be living there. The property must also comply with public health regulations and not be overcrowded.

It is important to note that meeting the accommodation requirement is a separate requirement from the financial requirement and the genuine relationship requirement. All three requirements must be met for the visa to be granted.

If you are unsure about how to meet the accommodation requirement or what documentation is required, it is recommended to seek professional advice from a qualified immigration lawyer.

UK Fiance required documents

To successfully apply for a Fiance Visa, you will need to provide a range of documents and evidence. UKVI will advise you on the specific documents and evidence you need to submit, which may include:

• A completed application form and payment of the application fee
• A valid passport and any previous passports
• Evidence of your genuine relationship with your UK-based partner, such as letters of reference from friends or family, shared bills and bank statements, divorce certificates, photographs, correspondence, and messages that demonstrate your relationship, and details of how, when, and where you met.
• Proof of your English language proficiency, such as a CEFR exam certificate
• Two passport-sized photos that meet the UK’s requirements
• Evidence that you meet the financial requirements, such as bank statements, savings statements, and wage slips
• Details of any previous immigration applications and any criminal convictions
• Your national insurance number, if applicable
• Proof of accommodation in the UK
• Biometric information, including fingerprints and a digital photograph
• Results of a tuberculosis test, if required by your country.

It’s crucial to provide all the required documents and evidence in the correct format, including translations where necessary, to avoid delays or a refusal of your application. Given the complexity of the requirements, it’s advisable to seek legal advice from a family immigration solicitor to ensure a successful application. They can help ensure that all necessary evidence is provided to UKVI and any errors or omissions are corrected.

How to apply for UK Fiance visa

To apply for a UK Fiance visa, you will need to follow these steps:

1. Check if you meet the eligibility criteria, including the Genuine Relationship requirement, English language requirement, and financial requirement.
2. Prepare the required documents, including proof of relationship, English language proficiency, financial capability, accommodation, and tuberculosis test results (if applicable).
3. Complete the online visa application form on the UKVI website and pay the visa fee.
4. Book and attend a biometric appointment to have your fingerprints and photograph taken.
5. Submit your application and supporting documents at a visa application center in your country of residence.
6. Wait for a decision on your application. The processing time for a UK Fiancé visa application is usually within 12 weeks.
7. If your application is approved, you will be issued a visa to enter the UK as a Fiancé. Once in the UK, you will need to apply for a Marriage Visa to extend your stay and settle permanently in the UK.

It is important to note that the UK Fiance visa application process can be complex, and it is recommended to seek the assistance of a qualified immigration lawyer or advisor to ensure that your application is prepared correctly and has the best chance of success.

Fiance visa application fee

As of April 2023, the current Home Office application fee for a UK Fiance Visa application submitted outside the UK is £1,523. On the other hand, the Home Office application fee to switch into the spouse category from within the UK or extend stay as a spouse is £1,033. These fees are subject to change and applicants should check the official UK government website for up-to-date information.

 How long can you stay on a Fiance visa?

Upon approval, the UK Fiance Visa will enable you to remain in the country for an initial period of six months to complete your marriage or civil partnership. Subsequently, you can apply for a Spouse Visa, which is valid for up to 30 months, with the option to extend it for an additional 30 months. It’s important to note that you must continue to meet the eligibility requirements for the relationship with your UK partner and initiate the application process before your current visa expires.

Fiance visa to ILR

If you are in the UK on a Fiancé Visa and wish to remain in the UK beyond the initial 6-month period, you can apply for further leave to remain as a Spouse. Once you have been in the UK for a total of 5 years on a Spouse Visa, you may be eligible to apply for Indefinite Leave to Remain (ILR).

To be eligible for ILR, you must meet certain requirements, including passing the Life in the UK test, meeting the English language requirement, and meeting the financial requirements. You must also not have breached any immigration laws during your time in the UK, and you must not have spent more than 180 days outside the UK in any 12-month period.

Once you have been granted ILR, you will have the right to live and work in the UK without any time restrictions. You will also be eligible to apply for British citizenship after holding ILR for at least one year.

UK Fiance visa processing time

The standard processing time for a Fiance Visa application submitted outside the UK is 12 weeks (3 months) according to the Home Office. However, due to a reduction in the backlog of visa applications, including Fiance Visas, the Home Office has recently announced that these applications are now being processed within 60 working days.

Fiance visa vs spouse visa

The UK Fiance Visa and UK Spouse Visa have several key differences, which include:

• The Fiance Visa is for couples who plan to get married or enter into a civil partnership before applying for a Spouse Visa. The Spouse Visa is for couples who are already married, in a civil partnership, or have been living together for at least 2 years.
• The Fiance Visa allows the holder to stay for an initial period of 6 months. The Spouse Visa allows the holder to stay for up to 33 months initially (30 months if switching from a Fiance Visa), with the option to extend for an additional 30 months.
• The Fiance Visa requires proof of intention to marry or enter into a civil partnership within 6 months. The Spouse Visa requires proof of a genuine and subsisting relationship.
• The financial requirement for the Fiance Visa is lower than the Spouse Visa.
• The Fiance Visa holder cannot work or access public funds during their initial 6-month stay. The Spouse Visa holder can work and may be eligible for some public funds.

What if my Fiance visa application is refused

An application for a spouse/partner visa may be refused based on several grounds, including if the applicant has been deemed a threat to public safety, is subject to a deportation order, has failed to provide required information or show up for interviews or medical examinations, has medical conditions that make it undesirable to grant entry clearance, has not paid required charges, or has not provided sufficient evidence of maintenance and accommodation. If your application has been refused, it is recommended to seek legal advice from an immigration solicitor to determine the best course of action to take for a successful outcome. You can find further information on this topic on the GOV.UK website under “Family visas: apply as a partner or spouse.”

Frequently asked questions

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