UK Fiancé Visa
AT PUSH LEGAL SERVICES, WE WILL HELP YOU GET REUNITED WITH YOUR FIANCE IN THE UK
What is a Fiance Visa?
If you plan to move to the UK to start a new life with your partner who is based in the UK, you may be eligible for the UK Fiancé Visa. The Fiancé Visa is designed to allow non-EEA nationals to enter the UK for the purpose of getting married with their UK-based partner and starting a new life in the country. The applicant’s partner must be either a UK citizen or a person with Indefinite Leave to Remain (ILR) or a person with settled status in the country.
Fiancé Visas have a duration of 6 months, and they are granted with the expectation that you will marry your partner during the validity period of the visa.
After your Fiancé Visa expires, you will need to apply for another immigration status to remain in the UK. The most straightforward transition is to the Spouse Visa, which provides a 30-month period of residence in the UK. As a Spouse Visa holder, you can seek employment and pursue studies in the UK without any restrictions.
Who is eligible for a UK Fiancé Visa?
To be eligible for the Fiance Visa, both you and your partner must meet certain conditions and requirements. The main eligibility criteria are as follows:
What are the income requirements for a Fiancé Visa?
In your UK Fiance Visa application, you will need to provide evidence which demonstrates that you meet certain minimum financial requirements.
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).
Your annual income must be at least £29,000. If you have any child dependents who will be joining you, the amount increases by £3,800 for your first child and £2,400 for each child after your first.
You can substantiate your financial status by providing documentation related to any of the following sources:
It is essential to bear in mind that as a Fiancé Visa holder, you will not be considered a permanent resident, and consequently, you will not be eligible for public funds.
Documents required for a Fiancé Visa
To apply for a Fiancé Visa, you must submit specific documents to establish your eligibility for the visa. You will be required to furnish information about yourself, your partner based in the UK, and any dependents you wish to include in your application. Here are some of the details and documents you will need to provide:
Please note that specific document requirements may vary, since not all application are the same and it’s crucial to consult an immigration lawyer to have your personalized immigration road-map tailored to your circumstances.
Receiving a Decision
If your Fiancé Visa application is approved, you will be granted permission to stay in the UK for a maximum period of six months. During this time, it is imperative that you marry your partner within the six-month duration, and you must comply with the terms and conditions associated with your immigration status.
If you are arriving from outside the UK, you should report to border control upon your arrival. It’s advisable to carry photocopies of essential documents and details from your application with you when traveling to the UK.
Upon being granted a Fiancé Visa, it is expected that you intend to establish the UK as your new residence. This necessitates transitioning to a different category of long-term immigration permission when your visa expires.
Typically, Fiancé Visas are not extendable. However, if exceptional circumstances prevented you from marrying within the initial six-month period, the Home Office may, at its discretion, consider granting an extension. To be eligible for an extension, you will need to meet the same requirements as for the initial application, and your circumstances must not have undergone significant changes.
Frequently Asked Questions
What is the English language requirement?
To prove your English language competency, you will need to successfully complete a Secure English Language Test (SELT) at a minimum level of A1 at an authorised English language testing center. Your pass certificate from this test should be included as part of the supporting evidence in your application submitted to the Home Office.
Please note that specific document requirements may vary, since not all application are the same and it's crucial to consult an immigration lawyer to have your personalised immigration road-map tailored to your circumstances to determine whether you qualify for an exemption.
You will be exempt from the English language requirement if:
- You hold a degree or higher qualification taught in English at an educational institution recognised by NAIRC
- You are over 65
- You are a recognised refugee
- You are living in the UK as an orphan or widow
- You are a victim of domestic abuse
- You have a mental or physical condition which prevents you from sitting the exam
How Do I Satisfy the Genuine Relationship Requirement?
UK Fiancé Visa Application Fees and Processing Time
There is no specific timetable for when you will receive a decision on your Fiance Visa. If your application has been completed fully and to the required standard, you can expect to receive your decision quicker.
However, if, for example, your application is missing certain key documents, this will delay the processing stage. Immigration officials may contact you to request more information if they deem it to be necessary.
On average, you can expect to receive a decision on your application between 2 and 3 months after the date it is received.
How Do I Switch to the Spouse Visa?
Under the Spouse Visa, you can reside in the UK for a period of 30 months, and you have the option to apply for an extension when your initial Spouse Visa term concludes, as long as your circumstances remain unchanged. The Spouse Visa extension also carries a duration of 30 months.
As a Spouse Visa holder, you are eligible to work and study in the UK, and all the time spent in the UK under this visa counts towards the minimum residency requirements for Indefinite Leave to Remain (ILR) and British citizenship.
After living in the UK for 5 years under a Spouse Visa, you can apply for Indefinite Leave to Remain status, which signifies a form of permanent residence, allowing you to stay in the UK without any restrictions.
Following a year of residence in the UK under ILR, you become eligible to apply for full British citizenship. As a British citizen, you can make an application for a British passport and enjoy the full benefits and rights associated with British citizenship.
What if my application gets refused?
- Read your refusal letter carefully to understand the reasons why your application was refused
- Identify whether you have the right to appeal the decision (this will be clearly stated in your letter)
- You must submit your appeal within 14 or 28 days (depending on whether you applied outside or inside the UK)
- Prepare your case to demonstrate why the decision should be reversed
- Attend the hearing at the First-tier Tribunal in the UK immigration courts
- Wait for a decision on your appeal
What is the UK Fiancé Visa appeal process time?
Approximately 50% of immigration decisions are overturned on appeal, and recent figures showed that the Home Office loses 75% of immigration appeals.
This means that there is a high chance that you will be successful if you submit a strong appeal against your initial decision.
My UK Fiance Visa application was refused. What can I do?
Your refusal letter will detail the reasons for the rejection. If you believe your application was unjustly refused, you have the option to contest the decision.
If you suspect that a genuine error occurred in your application, such as the omission of a document, you can choose to proceed with an administrative review. In this case, a different immigration official will re-evaluate your application.
In certain situations, pursuing a full legal appeal is another avenue available to you. We can provide complete support throughout the appeals process, including assistance with filling out appeal forms and offering legal representation in front of the upper tribunal.
To learn more about how we can assist you in challenging a decision by the Home Office, please explore our services. Feel free to contact us at 0333 0124 253 for further information.