Fiancé(e) VISA

UK Fiancé Visa Overview

The UK Fiancé Visa, sometimes referred to as the Fiancée Visa, Proposed Civil Partner Visa, or Engagement Visa, is a key component of the family visa scheme. This visa is designed for eligible foreign nationals over the age of 18 who wish to come to the UK to marry or enter into a civil partnership with a British citizen or an individual who is settled in the UK, such as someone with Indefinite Leave to Remain (ILR) or EU Settled Status.

Eligibility Requirements

To obtain a UK Fiancé Visa, applicants must provide evidence that they satisfy a range of eligibility criteria. Meeting these requirements is crucial for a successful Fiancé Visa application. At Axis Solicitors, our experienced solicitors are dedicated to guiding you through each step, ensuring that all the documentation is prepared with evidence for a convincing application.

Key Features and Timeline

Once granted a Fiancé Visa, you will have a six-month period from your arrival in the UK to marry or form a civil partnership. After your marriage or civil partnership, you can apply for a Spouse Visa. 

This visa initially permits you to stay in the UK for 33 months and can be extended for an additional 30 months. Eventually, you can apply for Indefinite Leave to Remain (ILR), allowing you to live in the UK permanently without being subject to immigration restrictions.

Axis Solicitors Simplifies the Process

A cornerstone of the UK Fiancé Visa process is proving the genuineness of your relationship. Axis Solicitors will help you compile a comprehensive portfolio of evidence, including:

• Photos: Capturing shared moments and milestones
• Messages: Demonstrating consistent communication and affection
• Letters: Written testimonies from friends and family supporting your relationship

Our solicitors understand that every case is unique and will work closely with you to prepare and review your application. With our expert guidance, we ensure you build a strong case in your application, to give you the best chances of a successful application on the first attempt.

Pathway to Permanent Residency

The Fiancé Visa is an essential step towards building your life in the UK with your partner. After successfully marrying or entering into a civil partnership and transitioning to a Spouse Visa, you are on the pathway to permanent residency through ILR. This process ensures that you can live, work, and thrive in the UK without ongoing immigration concerns.

Axis Solicitors offers legal services for your entire UK immigration journey. Our immigration solicitors are dedicated to guiding you through each stage, from securing your Fiancé Visa and transitioning to a Spouse Visa, to ultimately obtaining Indefinite Leave to Remain (ILR) before finally applying for citizenship. We are committed to providing a client focus and achieving results in your immigration process.

Contact Axis Solicitors

Let Axis Solicitors make the process of obtaining a UK Fiancé Visa straightforward and stress-free. Reach out to us for a free initial consultation, and take the first step towards your new life in the UK with confidence.

UK Fiancé Visa Requirements

Applying for a UK Fiancé Visa involves meeting specific eligibility criteria and providing the required evidence. 

Overview of Requirements

1. Age Requirement: Both you and your partner must be over 18 years old.
2. Marriage or Civil Partnership Intentions: You must have a genuine intention to get married or enter into a civil partnership within six months of arriving in the UK.
3. Partner’s Immigration Status: Your partner must be a British or Irish citizen, have settled status in the UK (such as indefinite leave to remain or EU settled status), hold a UK Turkish businessperson or worker visa, or have refugee status or humanitarian protection.
4. Cohabitation Plans: You must intend to live together in the UK once you are married or in a civil partnership.
5. Financial Requirements: You and your partner must demonstrate financial stability with a combined annual income of at least £29,000.
6. Accommodation in the UK: You must have suitable accommodation arranged for your stay in the UK.
7. English Language Requirement: You must prove your knowledge of the English language, typically by passing an approved English language test at A1 level on the Common European Framework of Reference for Languages (CEFR) scale.

Each application is carefully assessed on a case-by-case basis, considering all available evidence and the unique circumstances of your relationship. Providing convincing documentation is key for a successful application.

Successful Applications

Our experienced immigration solicitors specialise in Fiancé Visas and are dedicated to making your dream wedding a reality. We understand the application process and can assist you in preparing the documentation required for a convincing portfolio of evidence.

Relationship Requirements

Meeting in Person

To qualify for a UK Fiancé Visa, you and your fiancé must have met in person. This requirement goes beyond a brief encounter. Providing evidence of in-person meetings can demonstrate a genuine and ongoing relationship.

In-Person Meeting Evidence

• Evidence of face-to-face meetings that led to the development of your relationship is necessary.
• Documented proof of your in-person interactions is required.
• A short encounter followed only by phone calls or written communication is insufficient.

Key Evidence to Provide

• Dated photographs of you together.
• Travel itineraries and boarding passes.
• Accommodation receipts from shared trips.
• Witness statements from friends or family who have seen you together.

For a successful application, applicants must provide enough compelling evidence to satisfy the caseworker handling the application that you have met in person. Therefore, our solicitors will help you gather the necessary evidence, navigate potential challenges, and present a persuasive case to the Home Office.

Genuine Relationship Requirement 

To be eligible for a UK Fiancé Visa, you must demonstrate that you are in a genuine and enduring relationship with your partner who resides in the UK.

Relationship Requirements

1. Legitimate Relationship: Your relationship with your UK partner is authentic and not solely for the purpose of obtaining a visa.
2. Marriage or Civil Partnership Plans: You and your partner plan to marry or enter into a civil partnership in the UK within six months of your arrival.
3. Cohabitation Intentions: You intend to live together in the UK after your marriage or civil partnership.

Evidence for the Home Office

• Demonstrate the sincerity of your commitment to each other.
• Provide a detailed timeline of your relationship’s development.
• Show plans for your shared future in the UK.

Key Documentation

• Detailed communication records (e.g., messages, emails, call logs).
• Evidence of shared financial responsibilities.
• Plans for your marriage and life together in the UK.
• Statements from both partners describing the relationship’s progression.

Please take note that the UK Visas and Immigration (UKVI) focuses on identifying and preventing deceptive applications and fraudulent relationships from being approved for the Fiancé Visa.

What This Means for You

• Thorough Scrutiny: Your application will be meticulously reviewed by the UKVI to confirm the legitimacy of your relationship.
• Evidence is Key: Providing detailed evidence of your relationship’s authenticity is required for a successful outcome.

Our immigration solicitors are experts at compiling successful Fiancé Visa applications and can ensure your application meets all the requirements. We have been regularly compiling portfolios of evidence for successful Fiancé Visa applications for many years, and know exactly what it takes to present irrefutable proof.

UK Fiancé Visa Financial Requirement

To ensure you can financially support yourself in the UK without relying on public funds, you must meet the Fiancé Visa financial requirement.

The Minimum Income Requirement

Generally, this means demonstrating that your fiancé (or both of you combined, if you are in the UK with valid leave to remain) has a gross annual income of at least £29,000. 

A separate financial provision for children is no longer part of the minimum income requirement.

Exceptions and Special Considerations

Different rules may apply if your fiancé(e) is in receipt of specific state benefits. In such cases, the emphasis shifts to demonstrating that you, as the sponsor, can adequately maintain and accommodate your partner and any accompanying family members.

Application Stages

The financial requirement must be met at various stages:

• When you initially apply for the Fiancé Visa.
• When you extend your stay as a spouse.
• When you apply for indefinite leave to remain as a spouse.

The financial requirements for the Fiancé Visa have strict rules regarding the necessary documentation. It is the applicant’s responsibility to prove you meet these requirements, and failure to provide the correct financial evidence is a common reason for visa refusal. 

Expert Assistance from Axis Solicitors

At Axis Solicitors, we specialise in guiding clients through UK Fiancé Visa applications. With a wealth of experience in immigration law and a strong background in accounting related legal services, we are well-equipped to handle the intricate financial documentation required for a successful visa application.

Financial Guidance

Our team provides expert advice on assessing your income, identifying acceptable financial resources, and compiling the necessary documentation. By meticulously reviewing your financial situation, we help you present a robust case that meets all Home Office requirements. This thorough approach minimises the risk of errors and significantly enhances your chances of a successful application.

Meeting the Financial Requirements

Establishing that you meet the financial requirements with appropriate documentation for your Fiancé Visa application is fundamental for securing approval.

Nevertheless, the financial requirements for a UK Fiancé Visa can be met through various means, providing you with options and flexibility for demonstrating your financial stability. 

Acceptable sources of income and funds include:

• Salaried or non-salaried employment income: This applies to your fiancé(e)’s income, and yours if you’re in the UK with permission to work.
• Non-employment income: This could include income from property rental, dividends from shares, or other non-employment sources.
• Cash savings exceeding £16,000: These savings must have been held by you or your fiancé(e) for at least six months and be readily accessible.
• Pension income: This can be from a state, occupational, or private pension held by either you or your fiancé(e).
• Self-employment income: Income earned from self-employment or as a director/employee of a specific limited company in the UK is acceptable, provided you have the right to work in the UK.

In certain circumstances, a combination of these income sources can be used to meet the financial requirement.

Using Savings

Savings can be used to meet the income requirement, provided they exceed £16,000. If your savings amount to £88,500 or more, no additional income needs to be demonstrated.

The Home Office calculates the impact of savings on the income requirement as follows:

1. Subtract £16,000 from your total savings.
2. Divide the remaining amount by 2.5 (reflecting the 2.5 years your savings should cover).
3. Subtract this figure from the standard minimum income requirement of £29,000.

The resulting figure is your adjusted minimum income requirement.

Additionally, those relying on cash savings should note that the amount required for initial entry clearance and extension applications may differ from that needed for indefinite leave to remain, depending on the unique circumstances.

Exceptions and Special Considerations

In certain circumstances, if your fiancé(e) receives eligible state benefits or entitlements, the standard financial requirements may be adjusted or waived. For instance, if a sponsor receives Disability Living Allowance or an Armed Forces or War Pensions, the £29,000 income requirement might be waived.

Exceptional Circumstances

In exceptional cases where refusal of the Fiancé Visa could potentially violate Article 8 of the European Convention on Human Rights (ECHR), other credible and reliable financial resources available to the couple may be considered.

Expert Guidance from Axis Solicitors

As specialists in UK Fiancé Visa applications, we offer expert support to ensure your financial evidence meets Home Office standards. Our guidance on income calculations, financial sources, and preparing documentation helps you avoid common pitfalls to strengthen your application.

Tailored Financial Support for Visa Applicants

We ensure your evidence demonstrates how you meet the financial requirements. Whether you need to document your self-employment income, savings, or non-employment income, we verify that your financial evidence is accurate and compelling. 

Financial Requirement Exemptions

Sponsors receiving income from the following sources may be exempt from the standard financial requirement for a Fiancé Visa application:

• Disability Living Allowance
• Severe Disablement Allowance
• Armed Forces Independence Payment or Guaranteed Income Payment
• Mobility Supplement, Constant Attendance Allowance, or War Disablement Pension
• Police Injury Pension
• Industrial Injury Disablement Benefit
• Attendance Allowance
• Carers’ Allowance

Being exempt means the sponsor does not need to demonstrate an annual income of £29,000 or more. However, the applicant must still prove they have sufficient funds to support themselves in the UK and adequate accommodation without relying on public funds.

If No Exemptions Apply

Applicants may still request the Home Office consider exceptional circumstances. This may be relevant if there is evidence that refusing the application would harm a child, based on human rights law. In such cases, while the applicant must still demonstrate sufficient funds, the acceptable sources of those funds may be broader, potentially including a guarantee of financial support from another person.

Professional Support from Axis Solicitors

Axis Solicitors have extensive experience in dealing with financial requirement exemptions. For instance, if your sponsor receives Disability Living Allowance or Armed Forces Independence Payment, we can guide you through the exemption process, ensuring all necessary documentation is in order.

Customised Financial Assistance

For applicants who do not qualify for an exemption, we can assist in documenting self-employment income or leveraging savings. Likewise, if exceptional circumstances apply, such as potential harm to a child if the visa is refused, we can broaden the acceptable sources of funds to include guarantees of financial support from another person.

Accommodation Requirement

As you prepare your UK fiancé visa application, establishing suitable accommodation is a key requirement. This involves demonstrating that you and your fiancé will have adequate living arrangements upon arrival in the UK, without relying on public funds. The accommodation must be owned or exclusively occupied by you or your fiancé and comply with legal and regulatory standards.

Requirements

1. Exclusive Use: At least part of the accommodation must be for the exclusive use of the family. This typically means having a private bedroom or similar space.
2. Overcrowding and Health Regulations: The property must not be overcrowded and must comply with public health regulations. According to the Housing Act 1985, overcrowding is assessed based on the number and use of rooms, excluding bathrooms and kitchens.
3. Proof of Ownership or Occupancy: You must provide evidence of the legal basis on which the property is owned or occupied. This may include:
   • Copy of the title deeds and mortgage arrangements.
   • If residing with a family member, a letter from them confirming the basis of your residence.
   • For rented properties, evidence from the local authority or landlord confirming the basis of your occupancy.
4. Private Tenancy: Greater care is needed for private tenancies. Provide a tenancy agreement, a letter from the landlord or agency, and confirmation that the full rent is paid on time each month.
5. Property Condition: The property must meet public health standards.

Additional Considerations

• Houses in Multiple Occupation (HMOs): If the accommodation is an HMO, you may need a letter from the local council confirming no objection to an additional resident.
• Private Tenancies: The Home Office might scrutinise private tenancy agreements closely. Provide detailed evidence, including proof of regular rent payments and a letter from your landlord/letting agency.
• Property Inspection: The Home Office may request a property inspection report by a Chartered Surveyor or local authority, if any concerns about the accommodation’s suitability arise. 

Accommodation Services

We ensure all accommodation requirements for your UK Fiancé Visa are met. Our team, proficient in both immigration and property law, will assist you in proving exclusive use of your property, verifying compliance with health regulations, and securing property inspection reports.

We have an established record in providing proof of ownership and obtaining necessary letters from landlords or family members. Our expertise in addressing the legalities of HMOs and private tenancies uniquely positions us to support you effectively.

English Language Requirements

To secure a UK Fiancé Visa, demonstrating your English language proficiency is required unless you meet specific exemption criteria. This requirement is a mandatory step in the visa application process and failure to demonstrate proficiency may result in your application being refused.

Initial Requirement – Fiancé Visa

• When applying for the Fiancé Visa, you must prove your English language competence to at least the Common European Framework of Reference for Languages (CEFR) level A1.

Subsequent Requirement – Spouse Visa

• After switching to the Spouse Visa and holding that visa for 2.5 years, you will then need to demonstrate English proficiency to at least CEFR level A2 when applying for further leave to remain.

How to Meet the English Language Requirement

You can fulfil the English language requirement for a Fiancé Visa through one of the following ways:

1. Nationality: Being a citizen of a majority English-speaking country.
2. Approved English Language Test: Passing an approved English language test at or above the required CEFR level with an approved provider. You can find a list of these on the Approved Secure English Language Tests and Test Centres page.
3. Academic Qualifications: Holding a Bachelor’s, Master’s, or PhD degree awarded in the UK, or if awarded outside the UK, recognised by Ecctis (formerly UK NARIC) as meeting or exceeding UK standards and confirmed to have been taught or researched in English at the required CEFR level.

Exemptions from the English Language Requirement

You may be exempt from meeting the English language requirement if you can demonstrate one of the following:

• Age: You are over 65 years old at the time of application.
• Disability: You have a physical or mental disability that prevents you from meeting the English language requirement.
• Exceptional Circumstances: There are exceptional circumstances that prevent you from satisfying the English language requirement before entering the UK.

Exceptional Circumstances

In certain situations, you might be exempt from the English language requirement, such as if you are a long-term resident in a conflict zone, a country without approved tests, or a full-time carer of a disabled child. These cases are assessed individually and other similar situations may also qualify.

Exemptions Foreign Nationals
If you are a national of the following common-wealth countries, you are exempt from meeting the English language requirements:

• USA

• Australia

• New Zealand

• Canada

• Grenada

• Belize

• Barbados

• Antigua and Barbuda

• The Bahama

• Dominico

• Jamaica

• Guyana

• Ireland – for citizenship only

• St Lucia

• S Kitts and Nevis

• St Vincent and the Grenadines

• Trinidad and Tobago

Not Meeting the Requirement

If you cannot demonstrate that you meet the English language requirement or qualify for an exemption, your Fiancé Visa application may be refused.

Supporting Documents

To secure your UK Fiancé Visa, a comprehensive collection of documents is essential. The UK Visas and Immigration (UKVI) will outline the specific evidence required. 

Typically, the following documents are necessary:

Mandatory Documents

1. Completed Application Form and Fee: Ensure you fill out the application form accurately and pay the appropriate fee.
2. Valid Passport and Previous Passports: Provide your current passport and any previous ones.
3. Evidence of a Genuine Relationship: Include items such as letters of reference, shared bills, and photographs.
4. Proof of English Language Proficiency: Submit a CEFR exam certificate or equivalent.
5. Passport-Sized Colour Photos: Provide two photos that meet UK standards.
6. Proof of Financial Stability: This can be demonstrated through bank statements, payslips, or similar documents.
7. Details of Previous Immigration Applications or Criminal Convictions: Include any relevant information.
8. Proof of Suitable Accommodation in the UK: Provide evidence of where you will live.
9. Biometric Information: You will need to submit fingerprints and a photograph.
10. Tuberculosis Test Results: Required if applicable to your country of residence.

Potential Additional Documents

1. Divorce Certificates: If you were previously married, include these documents.
2. National Insurance Number: Provide this if you have one.

Accurate Documentation

Submitting all required documents in the correct format, including certified translations if necessary, is necessary for a timely and favourable visa decision. Incomplete or inaccurate submissions can result in delays or refusals.

Fiancé Visa Application Fee

The Home Office fee for a UK Fiancé Visa application submitted from outside the UK is currently £1,846. However, if you are switching to the spouse category or extending your stay as a spouse within the UK, the fee is £1,048. Additional charges apply for the Priority Service.

Application Fees

• Fiancé Visa Outside UK: £1,846
• Switch to Spouse Visa/extend stay: £1,048
• Priority Service: £500

Beyond the Home Office application fees, there may be other costs associated with the application process, depending on the country of origin.

Application Fee Questions

When Is the Fiance Visa Application Fee Due?

The Home Office fee is payable upon submission of your online application, marking the official “date of application.”

Does the Immigration Health Surcharge (IHS) Apply to Fiancé Visas?

No, the IHS is not required during the initial fiance visa application. 

However, the IHS fee applies when you extend your stay in the UK, typically when transitioning to a Spouse visa.

Is the Application Fee Refundable if My Visa Is Refused?

Unfortunately, the application fee is non-refundable regardless of the outcome. Hence, applicants should be prepared to understand and meet requirements before applying.

Processing Times

The standard processing time for a UK fiancé visa is typically 2-3 months. 

Factors Which Influence Processing

• Complexity of your application: If your application has missing information or requires additional checks, it may take longer.
• Time of year: Processing times can fluctuate due to seasonal demands or backlogs.
• Country of application: Processing times can vary depending on where you apply from.

On average the Home Office takes 24 weeks to process a Fiancé Visa application submitted from outside the UK. Priority Service may result in a decision within 30 working days. 

Note that the Super Priority Service is not available for out-of-country applications.

Fiancé Visa Application Timelines

• Standard: 24 weeks
• Priority: 30 working days
• No Super Priority for out-of-country applications

From Approval to Citizenship

After your UK Fiancé Visa is approved, you need to marry within 6 months. If you intend to settle in the UK, you should apply for a Spouse Visa after marriage, which allows for up to 5 years of continuous residency with extensions. 

After fulfilling the residency requirement, you can apply for Indefinite Leave to Remain (ILR) and eventually British Citizenship.

Timeline

1. Approval and Arrival: Once approved, your Fiancé Visa allows you to enter the UK and stay for 6 months.
2. Marriage/Civil Partnership: You must marry or enter into a civil partnership within this 6-month period.
3. Spouse Visa Application: After your marriage, apply for a Spouse Visa before your Fiancé Visa expires. This visa permits you to stay for up to 30 months.
4. Spouse Visa Extension: Extend your Spouse Visa for another 30 months, bringing your total continuous residence in the UK to 5 years.
5. Indefinite Leave to Remain (ILR): After 5 years on a Spouse Visa, you can apply for ILR, granting you permanent residency.
6. British Citizenship: Once you have ILR, you can apply for British Citizenship if you meet the eligibility criteria.

UK Fiancé Visa Extension

If you are unable to marry within the initial 6-month validity of your UK Fiancé Visa, you can apply for an extension of up to 6 months. 

Extension Eligibility

1. Provide a Valid Reason: You must explain why the marriage could not take place within the original visa period. This could include unforeseen circumstances such as illness, family emergencies, or significant delays in obtaining necessary documents.
2. Demonstrate Intent to Marry: You must provide evidence that the marriage will occur within the 6-month extension period. This could include a booking confirmation for the wedding venue, correspondence with registrars, or other relevant documentation.

Extensions are not guaranteed and are granted at the discretion of the Home Office. Consult with an immigration solicitor to ensure that you have compelling evidence if you want the best chances of success.

UK Fiancé Visa Refusal

UK fiancé visa applications can sometimes be refused for unjust reasons. Mistakes happen, and crucial documents can be overlooked. If you believe the decision was unjust or there was an error in the process, you may be able to challenge it.

Reasons for Refusals

• Insufficient Financial Evidence
• Lack of Genuine Relationship
• English Language Proficiency
• Incomplete or Incorrect Documentation
• Immigration History
• Criminal Record
• Health Concerns

UK Fiancé Visa Appeal Process

If your visa was refused and you have a right to appeal (check your decision letter), you can appeal to the tribunal within 28 days. Even if the appeal is unsuccessful, you may still be able to seek a Judicial Review.

Judicial Review

Judicial Review is a legal process to challenge the decision if there was a legal error or a mistake made by the caseworker. In this case it is always recommended to seek legal advice from an experienced solicitor to determine if this is right for you.

Appeal Timeline

You typically have 28 days to appeal a refusal. The entire process usually takes 6-12 months.

Challenging Refusals

Our immigration solicitors at Axis Solicitors have a proven track record of successfully challenging visa refusals and plenty of positive reviews. 

• Review your refusal letter and discuss your options
• Assess the merits of your case and advise on grounds for appeal
• Prepare appeal documents and witness statements
• Advise on required documentation and court procedures
• Provide realistic advice on your chances of success and associated costs
• Handle all legal work until the final decision is received

Reapplication

Reapplying for a UK Fiancé visa after a refusal is a common and often successful route. It allows you to address the specific reasons for the initial refusal and present a stronger case. 

Our expert team will analyse your refusal, strengthen your portfolio of evidence, and guide you through the reapplication process to improve your chances of approval.

Contact us today for a free consultation and let us help you achieve your dream of living in the UK with your loved one.