If you are a settled person and you wish to marry your non-EEA national partner in the United Kingdom you can apply for a Fiancé visa. A UK Fiancé visa allows non-EEA nationals to enter the United Kingdom for a period of 6 months for the sole purpose of getting married. Applicants who wish to apply for a UK Fiancé visa must meet the requirements listed under the Immigration Rules, Appendix FM and Appendix FM-SE of the Immigration Rules.
What is a UK Fiancé Visa?
A UK Fiancé visa allows non-EEA nationals to enter the United Kingdom for the purpose of getting married to their settled partner. Applicants will be given 6 months leave and will be required to submit a Spouse visa application to extend their stay in the United Kingdom. The UK Fiancé visa is very different to the UK Spouse Visa. A Spouse visa application can only be submitted after the marriage whereas a UK Fiancé visa is submitted prior to the marriage.
Permitted activities on the UK Fiancé Visa
The rights under a UK Fiancé visa are also different from those of a Spouse visa. Applicants cannot work and study under the UK Fiancé visa. However, Applicants are free to work on a Spouse visa. Your visa could be revoked by the Home Office if you are found in breach of your visa conditions. Once you have married your British citizen partner, you can then submit a UK Spouse Visa application and if you are granted the Spouse Visa you can then apply to work in the UK.
The Fiancé visa should not be mistaken with the UK Marriage Visitor Visa because your rights could significantly differ depending on which visa you apply for. It is true that both visas allow you to get married in the UK but there are significant differences in your rights to remain in the UK after you have married. Under the Marriage Visitor Visa, you are required to leave the UK to make a further application to remain in the UK. Whereas, the Fiancé Visa allows you to submit an in-country application to extend or switch your visa into another category.
In our expert experience, the UKVI processing times are not always realistic and in the vast majority of cases, the Home Office often provide a delayed decision. Therefore you should be prepared for unexpected delays when submitting your application unless you have selected a premium fast-track service.
What are the requirements for a UK Fiancé Visa?
In order to apply for a UK Fiancé, visa Applicants must meet the requirements listed under the Immigration Rules. In addition to the Immigration Rules Applicants must also be aware of the relevant appendixes attached to the Immigration Rules and the Home Office policy guidance used by Home Office caseworkers to assess applications. It is the appendixes (FM & FM-SE) which break down the requirements and explain what documents must be provided with the UK Fiancé application. It should be noted that the Immigration Rules are a strict set of rules which must be met and a failure to meet every single rule will result in a refused application.
The main requirements for a UK Fiancé visa are as noted below:
- The Applicants fiancé must be present and settled in the UK at the time of the application;
- The Applicant and Sponsor must be in a genuine and subsisting relationship and must intend on getting married within 6 months of the visa being granted. This is a key requirement and it is crucial the correct evidence is submitted. In our experience, this is one hardest obstacle to overcome in a UK Fiancé visa application. The Home Office expects Applicants to provide a large amount of documentary evidence in respect of the relationship and proposed marriage;
- The Applicant and Sponsor must intend to reside in the UK permanently after the marriage;
- The Applicant and Sponsor must have suitable accommodation;
- The Sponsor must meet the minimum financial requirement(i.e. have enough money to support yourself and your partner without recourse to public funds); and
- The Applicant must satisfy the English Language requirement.
If you are granted a UK Fiancé Visa, you will be given leave to enter the UK for 6 months after which you can apply for a UK Spouse Visa.
Using Legal Representation to Submit a UK Fiancé visa Application
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and on your UK Fiancé visa application. It is possible to instruct an immigration and visa legal representative to submit a UK Fiancé visa application.
Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your UK UK Fiancé visa application succeeds, all necessary documents must be provided.
This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your Tier UK Fiancé visa application meets the Immigration Rules.
Successful UK Fiancé visa application visa Application
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your UK Fiancé visa application and the merit of your UK Fiancé visa application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your UK Visas and Immigration application and ensure that you meet all the requirements of the relevant rules.
We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to a successful UK Fiancé visa application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation for you to discuss a successful UK Fiancé visa application.
Contact our London immigration solicitors on 02071830570 or complete our contact form.