By Emilia Cieslak –
Authorized Affiliate
1. What’s a Fiancé(e) Visa?
A Fiancé(e) visa permits a British or settled individual within the UK to deliver their non-EEA fiancé to affix them within the UK with the intention of getting married inside six months of being granted the visa.
2. Am I Eligible to Apply for a Fiancé(e) Visa?
With a view to qualify for a Fiancé(e) visa, you will have to fulfill the next necessities.
Your accomplice should be British or Irish, maintain Indefinite Go away to Stay (ILR), Settled Standing or Pre-Settled Standing. You should each be over the age of 18. You should have each met in individual. You should each be free to marry or enter right into a civil partnership. Please notice that the UK doesn’t recognise polygamous or polyandrous marriages.
Your relationship should be real and subsisting, and you need to display an intention to reside collectively completely within the UK. You should additionally intend to marry or enter right into a civil partnership inside six months of your arrival within the UK. Any earlier relationships should have damaged down completely.
You’ll be adequately maintained within the UK with out recourse to public funds and there may be satisfactory lodging to your and any dependants (youngsters beneath 18). You should additionally show that you just converse and perceive English to the required normal.
We’ll handle a few of these necessities intimately beneath.
3. How Do I Present That My Relationship With My Fiancé(e) is Real and Subsisting?
You possibly can present proof of cohabitation resembling official correspondence addressed to you collectively or individually on the identical handle. Examples of official correspondence embody correspondence from authorities companies such because the NHS, DVLA, HMRC, native authorities and so forth, correspondence out of your financial institution and utility payments.
In case you haven’t cohabited, you’ll be able to present proof that you just repeatedly talk (resembling name logs or screenshots of standard messages), proof that you just help one another financially, or proof of time spent collectively as a pair (e.g. shared journey or journey to go to one another). The House Workplace recognises that there are circumstances the place single {couples} can not reside collectively for cultural causes or on account of work or research commitments.
4. How Do I Present That My Earlier Relationships Have Damaged Down Completely?
When you have been widowed, you will have to offer a dying certificates proving the dying of your earlier partner or civil accomplice.
When you have beforehand been married and divorced you will have to offer a remaining order (or your jurisdiction’s equal documentation) in an effort to show that the earlier marriage has damaged down completely.
When you have beforehand been in a civil partnership and this civil partnership was dissolved, you will have to offer a dissolution order issued by a county courtroom.
5. How Do I Present That I Will Be Adequately Maintained within the UK?
With a view to display that you could be adequately maintained within the UK with out recourse to public funds, you will have to fulfill a monetary requirement.
You will want to display that your accomplice has a gross annual earnings of at the very least £29,000.
This requirement may be met by means of a wide range of earnings sources together with salaried and non-salaried employment earnings, self-employed earnings, property rental earnings, pension earnings, financial savings and so forth.
Please notice that every of the alternative ways to fulfill the monetary requirement have totally different, strict evidentiary necessities. If these usually are not met, your software will likely be refused.
Totally different issues will apply in case your accomplice is in receipt of sure advantages resembling incapacity dwelling allowance, private independence fee, carer’s allowance and so forth. If that is so you’ll nonetheless must show that you can be adequately maintained and accommodated within the UK, however you don’t want to show that your accomplice has a gross annual earnings of £29,000.
6. What Else Do I Must Know Concerning the Fiancé(e) Visa?
Functions for Fiancé(e) visas can solely be made out of exterior the UK.
In case your software for a Fiancé(e) visa is profitable, you can be granted permission to enter and stay in the UK for a interval of 6 months. After your marriage ceremony ceremony has taken place, you’ll then be eligible to use to change into the Partner visa class with out having to depart the UK.
In case your marriage doesn’t happen earlier than your Fiancé(e) visa expires, you’ll be able to apply to increase your keep for an extra 6 months in an effort to permit the ceremony to happen, offered that there’s a good motive why it has not accomplished so up to now and there may be proof {that a} ceremony will happen inside the subsequent 6 months.
Fiancé(e) visa holders usually are not permitted to work within the UK.
7. Ought to I Apply for the Fiancé(e) Visa or the Single Companion Visa?
It might be most price efficient to use for an Single Companion visa, somewhat than a Fiancé(e) visa. If you’re aiming to ultimately apply for Indefinite Go away to Stay within the UK, that is the price of your route on the Fiancé(e) visa:
- Entry clearance software as a fiancé(e) (£1,938);
- Go away to stay software as a partner (£1,321);
- Additional depart to stay software as a partner (£1,321);
- Software for indefinite depart to stay (£3,029).
Subsequently, the full price for House Workplace charges, not together with the Immigration Well being Surcharge, is £7,609.
The price of the path to settlement if you happen to apply as an single accomplice is:
- Entry clearance software as an single accomplice (£1,938);
- Go away to stay software as an single accomplice/partner/civil accomplice (£1,321);
- Software for indefinite depart to stay (£3,029).
Subsequently, the full price for House Workplace charges, not together with the Immigration Well being Surcharge, is £6,288.
Nonetheless, in an effort to qualify for an Single Companion visa you need to show that you’ve got been in a real and subsisting relationship just like marriage or a civil partnership for 2 years. In case your relationship is shorter than two years however you’re engaged to be married or enter right into a civil partnership, you will have to use for the Fiancé(e) visa.
Please notice that you’re allowed to marry or enter right into a civil partnership within the UK whereas on the single accomplice route with out restarting your path to settlement.
If you need to debate your eligibility for a Fiancé(e) visa, or if you happen to require authorized help in reference to an attraction or software, contact our specialist immigration barristers on 0203 617 9173 or by way of the enquiry type beneath.
Please notice that the knowledge offered on this article is for normal
steerage solely and is
based mostly on
the immigration guidelines and insurance policies in pressure on the date of publication. Immigration regulation and House
Workplace coverage can change steadily, and necessities could range relying on particular person
circumstances. Authorized recommendation ought to all the time be sought in relation to your particular state of affairs.
