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.
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.
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.
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.