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      Fiancé Visa

      by admin
      15 June 2024
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      What is Fiancé Visa?

      If you intend to relocate to the UK to begin a new life with your UK-based partner, you could be eligible for the UK Fiance Visa. The Fiance Visa is designed to enable non-EEA nationals to enter the UK to marry/enter into a civil partnership with their UK-based partner, and to begin a new life here. The applicant’s partner must be either a UK citizen or a person with settled status in the country.

      Fiance Visas last for 6 months and they are granted under the assumption that you will marry your partner within the validity period of the visa.

      You must apply for another immigration permission to remain in the UK after your Fiance Visa expires. The simplest is to switch from the UK Fiance visa to the Spouse Visa, which grants holders 30 months of residence in the UK. You can look for employment and study in the UK as a Spouse Visa holder, without any restrictions.

      Who is eligible for a UK Fiancé Visa?

      To be eligible for the Fiance Visa, both you and your partner must meet certain conditions and requirements.

      The main eligibility criteria in 2022 are as follows:

      • Both you and your partner must be at least 18-years-old
      • You must be planning to get married within the 6-month validity period of the Fiance Visa
      • Your partner must be a UK citizen or a person with settled status
      • You must intend to live with your partner in the UK once you are married/in a civil partnership
      • You need to demonstrate that you have the means to financially support yourselves as a couple and won’t become a financial burden on the state. You must have a combined income of at least £18,600 annually
      • You need to show that you have suitable accommodation to live in with your partner and your dependents
      • If you are from a non-English-speaking country, you need to take an approved SELT test to prove that you can understand and communicate in English to the level of A1 as set by the Common European Framework of Reference for Languages

      What are the income requirements for a Fiancé Visa?

      In your Fiance Visa UK application, you will need to provide evidence which demonstrates that you meet certain minimum financial thresholds.

      You need to prove to the Home Office that as a couple you have enough money to support yourselves whilst you are in the UK (as well as any dependents included in your application).

      Your combined annual income must be at least £18,600 before spring 2024. If you have any child dependents who will be joining you, this sum increases by £3,800 for your first child and £2,400 for each child after your first.

      You can prove your finances through any of the following:

      • Regular salary through employment
      • Self-employment
      • Statutory sick pay, maternity, paternity or adoption pay
      • Savings
      • Stocks and shares
      • Pension payments
      • Property financial gains, such as a regular income from rent

      It is important to note that as a Fiance Visa holder, you will not be classed as a permanent resident and therefore, you will not have access to public funds.

      The Changes Taking Place In Spring 2024

      Beginning in spring 2024, the updated income requirement starts at £29,000, with planned increases to £34,500 and eventually £38,700. It’s advisable to promptly submit your applications before spring to avoid these new changes.

      Importantly, from spring 2024 onward, the minimum income requirement will no longer include a separate child element. This eliminates the need for additional funds per child.

      For current visa holders or those applying before the minimum income threshold rises, their evaluation will follow the existing income requirement. This also holds true for individuals currently holding a fiance visa, even if they intend to apply for a spouse visa later.

      Conversely, those transitioning to this route from another (post-implementation of changes) will undergo assessment based on the updated criteria.

      Documents required for a Fiancé Visa

      If you want to apply for a Fiance Visa, you will need to provide certain information and documents which prove that you are eligible for the Fiance Visa.

      You will need to provide information about yourself and your UK-based partner, as well as any dependents who you want to add to your application. Some of the information which you will need to provide includes:

      • Your name and date of birth
      • Copies of the photo page of any old passports and visas
      • Information about the relationship you have with your partner. This includes how long you have been together, how you met and how often you see each other
      • Details of anyone you previously married or had children with
      • Divorce certificates (if applicable)
      • Details of any criminal convictions
      • Details of the countries outside the UK which you have lived in and visited
      • The date of birth and nationality of your parents if you are applying from outside the UK

      What is the English language requirement?

      If you are from a non-English-speaking country, you will need to fulfil an English language requirement as a Fiance Visa applicant, unless you are exempt (more below).

      You need to demonstrate that your level of English in reading, writing, listening and speaking is at least to the level of A1 as set by the Common European Framework of Reference for Languages.

      You will need to pass a SELT test at the level of at least A1 at an approved English language test centre to prove your English language ability.

      Your pass certificate will need to be included in your portfolio of evidence to submit to the Home Office.

      You will be exempt from the English language requirement if:

      • You hold a degree or higher qualification taught in English at an educational institution recognised by NAIRC
      • You are over 65
      • You are a recognised refugee
      • You are living in the UK as an orphan or widow
      • You are a victim of domestic abuse
      • You have a mental or physical condition which prevents you from sitting the exam

      How Do I Satisfy the Genuine Relationship Requirement?

      One of the key UK Fiance Visa requirements is the genuine relationship requirement. You must provide sufficient evidence to prove that you are in a genuine relationship with your UK-based partner.

      You will need to provide information such as:

      • Bank statements of joint accounts
      • Documents showing details of accommodation which you have lived in together
      • Birth certificates, if you have had any children together
      • Divorce certificates, if applicable
      • Reference letters from family, friends and professional people who can vouch that you are in a genuine relationship
      • Information on how long you have been together, how you met and how often you see each other

      Fiancé Visa UK Application Fees and Processing Time

      Currently, it costs £1,538 to apply for the Fiance Visa from abroad and £1,048 to apply from inside the UK. There may also be other costs attached to your application. See our posts on UK fiance visa costs.

      There is no specific timetable for when you will receive a decision on your Fiance Visa. If your application has been completed fully and to the required standard, you can expect to receive your decision quicker.

      How to Apply

      The process to obtain a UK Fiancé Visa is conducted through online channels on the Home Office website. The application procedure encompasses the following stages:

      • Determine your eligibility for a Fiancé Visa – If uncertain about your eligibility, consulting one of our family visa Solicitors can provide you with confirmation.
      • Prepare the necessary documents to validate your eligibility – Should you prefer, our family visa Solicitors can manage this aspect on your behalf.
      • Complete the digital application form online.
      • Settle the applicable application fee (details can be found in the FAQ section below).
      • Upload any mandatory documents that support your application.
      • Arrange a biometric appointment for fingerprinting and photograph capture.
      • Participate in an interview, if an invitation is extended.

      Receiving a Decision

      If your Fiance Visa application is approved, you will be permitted to remain in the UK for up to six months. You must get married within the 6-month period of your Fiance Visa and you must abide by the conditions imposed on your immigration permission.

      If you are travelling from outside of the UK, you will need to report to border control when you arrive. It is important to bring photocopies of key documents and information from your application with you when you travel to the UK.

      If you are granted with a Fiance Visa, it is expected that you will make the UK your new home. This requires you to switch to a different form of long-term immigration permission when your visa expires.

      In most circumstances, you will not be able to apply for a Fiance Visa extension. However, if there were exceptional circumstances which prevented you from getting married within the initial 6-month period, at the discretion of the Home Office, you might be granted an extension.

      The same requirements will need to be fulfilled to be eligible to apply for the extension and your circumstances must not have changed significantly.

      How Do I Switch to the Spouse Visa?

      One of the main benefits of the Fiance Visa is that it offers a smooth transition to the highly sought-after Spouse Visa. You will need to go through the standard Spouse Visa application process, but you will not need to leave the UK to apply for it (provided you apply before your Fiance Visa expires).

      You can stay in the UK for 30 months under a Spouse Visa and you will be able to apply for a Spouse Visa extension when your original Spouse Visa expires, provided your circumstances haven’t changed. The Spouse Visa extension also lasts for 30 months.

      You can work in the UK and study as a Spouse Visa holder and all time spent in the UK under this visa counts towards minimum residency requirements for Indefinite Leave to Remain (ILR) and British citizenship.

      After you have spent 5 years living in the UK under a Spouse Visa, you can apply for Indefinite Leave to Remain status, which is a form of permanent residence, meaning you can remain in the UK without any restrictions.

      After you have lived in the UK for a year under ILR, you will be eligible to apply for full British citizenship. As a British citizen, you can apply for a British passport and enjoy the full benefits of being a British citizen.

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