Overview of the Fiancé Visa
The UK Fiancé Visa allows an eligible person to come to the UK to marry or enter into a civil partnership with their qualifying partner.
The route is specifically for couples who intend to marry or enter into a civil partnership in the UK within the permitted period. It is a temporary family route and differs from the Spouse or Partner Visa because the couple has not yet married or entered into a civil partnership.
Applicants must demonstrate that the relationship is genuine, that they intend to marry within the required period and that they satisfy the other Family Visa requirements.
Who Can Apply?
The Fiancé Visa may be suitable where:
- The applicant is engaged to a person living in the UK
- Both partners are aged 18 or over
- The UK-based partner has qualifying immigration status
- The couple has met in person
- The relationship is genuine and continuing
- They intend to marry or enter into a civil partnership in the UK within six months
- The couple intends to live together permanently after marriage
The sponsoring partner may generally need to be a British or Irish citizen, settled in the UK or have another qualifying status under the Family Visa rules.
Marriage Within Six Months
One of the central requirements is that the couple intends to marry or enter into a civil partnership within six months of the applicant’s arrival in the UK.
The applicant must therefore have genuine plans to marry during the period of the Fiancé Visa.
Evidence of wedding arrangements can help demonstrate the intention to marry, although the exact evidence required will depend on the circumstances.
Relationship Evidence
Applicants need to demonstrate that their relationship is genuine and continuing.
Evidence can include:
- Evidence of how the couple met
- Photographs together
- Travel records
- Communication between the couple
- Evidence of visits
- Wedding arrangements
- Engagement evidence
- Evidence of financial support
- Evidence concerning previous relationships
- Other documents demonstrating the history of the relationship
Couples who live in different countries should provide evidence showing how they maintain their relationship while apart.
Financial Requirement
The standard financial requirement for a new partner or fiancé application is generally £29,000 per year, subject to the applicable rules and circumstances.
The requirement can potentially be met through qualifying income, savings or other permitted sources.
The evidence required will depend on how the financial requirement is being met.
Where the sponsor is employed, evidence can include payslips, bank statements and an employer’s letter. Where self-employment or savings are relied upon, different evidence may be required.
English Language Requirement
Applicants will generally need to meet the applicable English language requirement unless an exemption applies.
The requirement at the fiancé stage should be considered separately from any later application to extend as a spouse or partner.
Applicants should ensure that their English language evidence is acceptable under the current rules before submitting the application.
No Employment on a Fiancé Visa
A person granted permission as a fiancé or proposed civil partner generally cannot work or study in the UK during the fiancé period.
After the couple marries or enters into a civil partnership, the applicant will generally need to apply to extend or switch to the appropriate spouse or partner route before they can work or study under the relevant family visa conditions.
This is an important difference between the Fiancé Visa and the Spouse or Partner Visa.
Applying from Outside the UK
The Fiancé Visa is normally applied for from outside the UK.
Applicants should obtain the visa before travelling to the UK for the purpose of marrying their partner.
The application will require information about the relationship, the UK sponsor, finances, accommodation and the applicant’s immigration history.
Documents not in English or Welsh may need certified translations.
After Marriage
Once the couple has married or entered into a civil partnership, the applicant may be able to apply for further permission to remain in the UK as a spouse or partner.
The new application will be assessed under the requirements applicable to that route.
The couple will need to continue demonstrating that their relationship is genuine and that they satisfy the relevant financial, English language and other requirements.
Settlement
Time spent in the UK as a fiancé does not generally count towards the five-year qualifying period for settlement on the partner family route.
The qualifying period generally begins once the applicant is granted permission as a spouse or partner under the relevant settlement route.
Couples planning to settle in the UK should therefore understand how the different stages of their immigration journey fit together.
Common Issues
Fiancé Visa applications may face difficulties where:
- The relationship evidence is weak
- The couple has spent limited time together
- Wedding plans are unclear
- Financial evidence does not meet the requirements
- English language requirements are not met
- Previous immigration issues have not been disclosed
- The application contains inconsistencies
- The couple cannot demonstrate a genuine intention to marry
How We Can Help
SWM Solicitors can advise couples considering the Fiancé Visa route.
We can assist with:
- Assessing eligibility
- Reviewing relationship evidence
- Advising on financial requirements
- Reviewing English language evidence
- Assessing wedding plans
- Preparing supporting documentation
- Preparing the visa application
- Advising on the subsequent Spouse Visa application
- Advising on settlement planning
- Reviewing previous refusals