UK Fiance Visa
The UK Fiancé/Fiancée Visa is also known as a prospective marriage visa. This visa allows an individual to bring their fiancé to the UK if they themselves have settled status in the UK i.e. they are lawfully living in the UK without any restrictions on their stay. If the applicant is considered eligible for the fiance visa, he or she is given permission to enter the UK in order to marry. Once the marriage has taken place, the foreign national spouse can immediately apply for a marriage visa and request further leave to remain in the UK. This grants the foreign national with conditional permanent residence and permission to live & work in the UK. After the completion of 5 years’ continuous stay in the UK they’ll will be deemed eligible to apply for Indefinite Leave to Remain.
The requirements for a UK fiance visa are similar to those of the marriage visa. The applicants can choose whether they want to apply for the fiance visa or marry first in order to apply directly for the spouse visa. This will of course avoid the necessity of making two separate applications. The essential eligibility requirements are:
- Both partners must be at least 18 years of age.
- They must have met each other prior to application and have the intention of permanently living with one another after marriage in the UK.
- The couple must prove that any previous relationships have now ended.
- The couple must have appropriate accommodation not considered to be overcrowding under the UK Housing Act 2004.
- They must have sufficient funds to support themselves and any dependants without needing access to government funds. The fiance visa holder is not permitted to undertake any employment whilst on this visa, so the UK partner must be financially able to bear all expenses for their fiancé as well as any dependants.
- Meet the income threshold of £18,600 for sponsoring a non-EU National. Please note there is a higher threshold for any children also sponsored: £22,400 for one child and an additional £2,400 for each child thereafter. The couple must have suitable accommodation available to them.
- A UK fiance visa is valid for 6 months during which time the couple must marry in the UK. Otherwise, the foreign national will be required to leave the UK.
The sponsor may meet the level of the financial requirement applicable to their application through employment, self-employment, cash savings, being the director of a company, rental income, etc.
All categories have a separate set of documents which need to be submitted with the application based on:
(a) the permitted sources of income/savings; and
(b) the time periods and permitted combinations of sources applicable to each permitted source relied upon; and
(c) the evidence required for each permitted source relied upon.
Exceptions to Financial Requirement
If your sponsor is in receipt of any of the below then you are not required to meet the financial requirement:
- Carer’s Allowance.
- Disability Living Allowance.
- Severe Disablement Allowance.
- Industrial Injuries Disablement Benefit.
- Attendance Allowance.
- Personal Independence Payment.
Children of fiance visa holders who are under 18 years of age are permitted to accompany their parent to the UK.
Fiance visa holders should apply for the marriage visa immediately after they marry as they will now be eligible to work in the UK (under fiance visa status this is not possible). The English Language requirement must also be satisfied with a Level A1 course pass.
Benefits of a UK fiance visa
- The applicant is able to marry the UK citizen and settle permanently here in the UK
- Whilst initially unable to work, after marriage the applicant is free to undertake any type of employment without restrictions
- Foreign national fiancés are permitted to bring their children under the age of 18 years with them to the UK.
- After the marriage ceremony, the applicant is entitled to the same benefits as UK citizens.
- This visa can be a route to permanently settle in the UK and to obtain British nationality.
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