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Personal Immigration

Fiance Visa

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Fiance Visa
The Fiance visa is for engaged partners of British citizens or those settled in the UK to come to the UK with an intention to get married within 6 months of arrival. This category can only be applied from outside the UK.
Fiance visa requirements
In order to qualify for a Fiance visa, both the applicant and their partner would need to be above 18 years old and satisfy the below requirements:

The financial requirement that needs to be met differs on the basis of the number of financial dependants applying together. The minimum requirement is an annual income of £18,600 for a partner application and there will be an additional £3800 for the first child and £2400 for each child afterwards. Only those children, who are not British or settled in the UK will be counted for the additional income requirement.

The financial requirements can be met in a number of different ways including salaried or non-salaried income, salary or dividends from the company, income from self-employment, rental income, pension or income from any investments etc to name a few. It is also possible to use cash savings that has been held for more than 6 months, if above £16,000 to be used in part or full to meet the financial requirement. The applicants can also combine some selective type of income and/or savings to meet the financial requirement. This is an area where applicants must take extra caution, as not providing the right specified documents to evidence income remains one of the most common reasons for refusal under this route.

Extension & Settlement

The applicants are normally granted an initial entry of 6 months. Once the wedding has taken place, applicants will be able to apply under the spouse visa category within the UK itself. If the spouse visa application is successful, a leave of 30 months is normally  granted, which is renewable for a further 30 months if the requirements are met continuously and can apply for settlement further to the completion of 5 years. It is also worth noting that if the leave is granted further to relying on human rights or otherwise not meeting the requirements, the applicants will only be able to settle in the UK after 10 years. The spouse of a British Citizen can immediately apply for British citizenship further to obtaining settlement, if they meet all other requirements. 

Fiance visa holders are not permitted to work in the UK. Spouse and Civil Partner visa holders have a full right to work, study and carry out business activities in the UK.

How can we assist?

Our Immigration lawyers at City Legal have immense experience in assisting our clients on family and private life visa applications. Our Immigration team carefully assess each of our client’s financial scenarios before advising on the right income route. We can also advise clients whose circumstances are not straightforward and do not meet the income criteria from one single source, by mixing various income categories permissible and/or evidencing with any third party support. We are a multi award winning law firm and pride ourselves in being approachable, innovative and always going that extra mile to make sure our clients receive the individual attention they deserve. Our Immigration team maintains a high reputation and is committed to provide clear, transparent and reliable advice to our clients.

Frequently Asked Questions
The applicant may apply for an extension for a further 6 months if there is good reason why the marriage did not take place before the initial leave expired and provide supporting evidence that it will take place within the next 6 months. There is no definition of ‘good reason’ and it is determined on a case by case basis. It is highly recommended that applicants in a similar position obtain legal advice before making the extension application.
It is possible for the applicants to apply for a Marriage visitor visa to get married in the UK instead of a Fiance visa. However, they will not be able to switch within the UK to a spouse visa after marriage and must make the application for a switch from overseas. Marriage visitor visa is normally applied by those who have no British or settled partner in the UK.
The applicant and their sponsor may provide evidence of their wedding planning like liaising with the local council to provide notice of marriage, confirmation of the wedding venue etc. to prove intention to marry within 6 months.
The applicant’s children under the age of 18 are allowed to enter the UK as dependants, only under exceptional circumstances and if it can be evidenced that it would cause serious issues if they are not allowed to enter the UK at the same time. It is therefore recommended that, unless there is a serious compelling reason, it would be best to apply for the children further to marriage taking place.

Couples who wish to get married in the UK need to give notice to the marriage registrar at least 29 days before the proposed marriage and do so in one of the designated registry offices. The Registrar shouldn’t have to make a referral to the Home Office for Fiance visa holders, as they are deemed exempt from this requirement.