What does a Fiance Visa mean?
If you intend to relocate to the United Kingdom in order to start a new life with your UK-based partner, you may qualify for the UK Fiance Visa. The Fiance Visa is intended to allow non-EEA nationals to enter the UK in order to marry/form a civil partnership with their UK-based partner and start a new life. The applicant’s partner must be a British citizen or a permanent resident of the country.
The fiance visas are valid for six months and are provided on the expectation that you will marry your partner during the visa’s validity period.
After your Fiance Visa expires, you must apply for another immigration permission to remain in the UK. The simplest move is to the Spouse Visa, which allows holders to stay in the UK for 30 months. As a bearer of a Spouse Visa, you are free to seek employment and study in the United Kingdom.
Fiance Visa Application
Who is eligible to apply for a Fiancé Visa in the United Kingdom?
Both you and your spouse must meet specific restrictions and requirements in order to be eligible for the Fiance Visa.
The following are the primary conditions for eligibility:
- You and your partner must both be at least 18 years of age.
- You must intend to marry within the six-month validity period of the Fiance Visa.
- Your partner must be a UK citizen or a person with settled status.
- You must intend to live in the UK with your partner once married/in a civil partnership.
- You must have a combined yearly income of at least £18,600.
- You must demonstrate that you have sufficient housing for you, your spouse, and any dependents.
- If you are not from an English-speaking nation, you must take an approved SELT test to demonstrate that you can comprehend and communicate in English at the A1 level as defined by the Common European Framework of Reference for Languages.
What income restrictions apply to a Fiancé Visa?
You will need to submit evidence in your Fiance Visa UK application that you meet certain financial requirements.
- You must demonstrate to the Home Office that you, as a couple, have sufficient funds to maintain yourselves while in the UK (as well as any dependents included in your application).
- You must have a combined annual income of at least £18,600. If you plan to bring any child dependents with you, this amount increases by £3,800 for the first child and £2,400 for each subsequent kid.
You can establish your financial status in one of the following ways:
- Regular income from employment
- Statutory sick pay, maternity, paternity, or adoption pay
- Savings stocks and shares
- Pension payments
- Property financial gains, such as a recurring rental income
It is critical to understand that as a Fiance Visa holder, you will not be considered a permanent resident and so will not be eligible to receive public funding.
Required Documents for a Fiancé’s Visa
If you wish to apply for a Fiance Visa, you must supply certain information and papers demonstrating your eligibility.
You will be required to provide details about yourself, your UK-based partner, and any dependents you wish to include in your application. You will be required to give the following information:
- Your name and date of birth.
- Copies of the photo page of any previous passports or visas.
- Detailed information about your relationship with your partner. This includes how long you’ve been together, how you met, and how frequently you see each other.
- Details of anyone you’ve previously married or had children with.
- Divorce certificates (if applicable).
- Details of any criminal convictions.
- Details of countries outside the UK where you’ve lived and visited.
At the Henleaze Law, we can advise you on the necessary papers and information to include in your portfolio of evidence. We will assist you in locating, gathering, and compiling any essential material, while ensuring that your proof complies with all applicable administrative standards.
What level of English proficiency is required?
If you are from a non-English speaking nation, you will be required to meet an English language requirement as a Fiance Visa applicant, unless you qualify for an exemption.
You must demonstrate that your English proficiency in reading, writing, listening, and speaking is at least at the Common European Framework of Reference for Languages level A1.
To demonstrate your English language proficiency, you must pass a SELT test at the A1 level at an accredited English language testing center.
Your pass certificate must be included in the evidence portfolio you submit to the Home Office.
You will be excluded from the English language requirement if,
- You hold a degree or higher certificate taught in English from an NARIC-recognized educational institution.
- You are over 65.
- You are a recognized refugee; or you are a widow or orphan living in the United Kingdom.
- You are a victim of domestic abuse.
- You have a mental or physical ailment that makes it impossible for you to sit for the exam.
How do I meet the requirement for a genuine relationship?
The real relationship requirement is a critical criteria for the UK Fiance Visa. You must give adequate documentation to establish that you are in a real relationship with your partner who resides in the United Kingdom.
You will be required to provide information such as: Bank statements for joint accounts Documents detailing the housing you have shared Birth certificates, if you have shared children Divorce certificates, if applicable Reference letters from family, friends, and professional people vouching for your genuine relationship.
Please do not hesitate to contact us if you require assistance with the actual relationship requirement. We will review your case and advise you on the facts and papers you will need to supply to establish the validity of your connection.
Fees and Processing Time for Fiancé Visas in the UK
At the moment, applying for the Fiance Visa from abroad costs £1,523 and applying from within the UK costs £1,033.
There is no set date for receiving a decision on your Fiance Visa. If your application is complete and meets the relevant standards, you can anticipate receiving a decision sooner.
However, if your application is missing critical documents, for example, this will delay the processing stage. If they think it essential, immigration officials may contact you to obtain additional information.
On average, you should receive a response to your application between two and three months after it is received.
Acceptance of a Decision
You will be permitted to remain in the UK for up to six months if your Fiance Visa application is accepted. You must marry within the six-month term specified on your Fiance Visa and adhere to the requirements imposed on your immigration authorization.
If you are traveling from a country other than the United Kingdom, you will be required to report to border control upon arrival. When travelling to the UK, it is critical to bring photocopies of critical documents and information from your application.
If you are granted a Fiance Visa, it is believed that you would establish a permanent residence in the United Kingdom. When your visa expires, you must apply for a different type of long-term immigration permission.
Generally, you will be unable to seek a fiancé visa extension. However, if unusual circumstances prohibit you from marrying within the first 6-month period, you may be granted an extension at the discretion of the Home Office.
To be eligible for an extension, the same standards must be met, and your circumstances cannot have altered materially.
The appeal process for the Fiancé Visa
It is recommended that you take the following steps when filing a Fiancé Visa appeal:
- Carefully read the refusal letter to ascertain why your application was refused.
- Determine whether you are entitled to appeal the verdict (this will be clearly stated in your letter).
- Your appeal must be filed within 14 or 28 days (depending on whether you applied outside or inside the UK).
- Develop an argument for why the judgment should be reversed.
- Appear in the UK immigration courts at the First-tier Tribunal hearing.
- You must wait for the outcome of your appeal.
How long does it take to appeal a UK Fiancé Visa?
Visa appeals are not processed on a set schedule. Some may be settled within a month, while others may take more than a year.
Around 50% of immigration rulings are reversed on appeal, and recent statistics indicate that the Home Office loses 75% of immigration appeals.
This indicates that you have a good probability of victory if you file an effective appeal against your initial verdict.
How Henleaze Law can help you with your Fiance Visa
With our industry-leading lawyers, we can assist you in crafting an application for a UK Fiance Visa that meets the highest criteria. An immigration attorney from our firm will assist you throughout the application procedure. We understand the requirements for a successful application and will work to increase your chances of obtaining the Fiance Visa.
