UK fiancé/fiancée visa

Many people find their future wives, husbands and civil partners in Europe and the UK. In this age of digital technology and international communication, it is not so difficult to tie your life to a foreigner. But before you can get dressed up in a wedding gown and put a cherished ring on your ring finger in England, you will have to go through a number of formal procedures. To realise your dream and reunite with your loved one in the United Kingdom, you will need to apply for a fiancé/fiancée visa.

What is a fiancée visa?

The Fiancé visa or fiancée visa is for foreign nationals who intend to marry a British or Irish citizen or permanent British resident. This category of visa is valid for only six months, during which time the couple must have time to legalise their relationship. This is why the fiancé visa is known as a ‘potential marriage visa’. You can apply for it on the government website gov.uk.

A fiancée visa does not give its holder the right to remain in the UK after the wedding has taken place. A foreign bride or groom will also not be able to take up formal employment in the UK.

These opportunities are available to those who apply for a spouse visa after marriage. With a spouse visa you can settle in the UK, take up employment or pursue your education. You can apply for a Spouse visa without leaving the UK.

A partner to an applicant for a fiancé visa can be:

• British or Irish citizen;

• An immigrant with indefinite leave to remain in the United Kingdom;

• Refugee;

• A European Union citizen living in the UK in pre-settled or settled status;

• Holder of one of 2 immigration categories — Turkish Businessman visa or Turkish Worker visa.

There must be no legal barriers to marriage between you and your British partner. At the very least, you must not have a previous valid marriage or an official marriage undergoing an unfinished divorce.

Requirements for visa applicants

There are a number of general requirements for an applicant for a fiancé visa:

• Age — at least 18 years old;

• The foreigner has a firm intention to marry a British partner within six months of obtaining a fiancé visa;

• The person has a genuine relationship with the UK partner;

• All previous relationships of the foreign national are officially and factually ended;

• An applicant can support themselves in the UK without state aid;

• The foreigner has a place of residence in the United Kingdom;

• A British/British groom/bride has some knowledge of the English language.

Some of these requirements will be dealt with separately.

Relationship requirements

As a prospective British fiancée/fiancé visa holder, you will have to convince the UK immigration authorities that your relationship with your British partner is genuine. The British Home Office makes all its decisions on a case-by-case basis, taking into account the particular circumstances of each applicant.

These are the questions you’re going to have to answer:

• Would you characterise your relationship as a long-term one?

• Do you live in the same area at the moment?

• Do you have children in common (doesn’t matter if they are biological or adopted)?

• Does your partner help you with your finances?

• Has the bride/groom from the UK visited your country?

• Do you both have specific plans for your future together?

Any doubts by the UK authorities about the sincerity of your romance will lead to additional checks. You and your partner will be asked a series of probing questions or may even be visited at your home.

The requirement for face-to-face meetings is particularly noteworthy. This means that you meet your UK partner in person and support the relationship in every way possible. Therefore, neither telephone conversations nor messenger or social media correspondence will be considered as a substitute for face-to-face meetings and as reliable proof of your relationship. The British Home Office needs to be satisfied that you are in regular contact, that there is an emotional connection between you and that you are interested in your mutual wellbeing.

The UK authorities will be satisfied that your relationship is genuine if you have cohabitation documents in your and your British partner’s names. If there are no such documents, documents that are sent to the same address as you and your partner will do. If they are not available, other official papers showing that you live in the same area will be acceptable.

You can submit the following official papers for this purpose:

• Documentation of your cohabitation issued by a third party. This could be, for example, a bank, medical centre or utility provider. Utility bills, bank statements, and medical bills are all suitable documents;

• Documents that prove the trustworthiness of your relationship. For example, this could be joint credit cards or shared bank accounts. These documents should make it clear that you and your partner live together and share financial obligations;

• Documents proving the length of your affair. You can also provide papers proving that you have been together for the past few years. For example, tickets you have travelled on or receipts for joint purchases.

If you have not moved in together or have only lived together for a short time, informal evidence of your relationship will do. It is important to note, however, that according to guidance issued by British Immigration, items such as greeting cards, travel tickets, receipts, photographs, certified screenshots of text messages or social media posts are not considered sufficient evidence of your relationship.

Financial requirements for fiancé visa applicants

Financial solvency is also an important requirement for a fiancé visa applicant. It is important for the UK authorities to ensure that you are able to support yourself without having to apply for government assistance. Those who are applying with a dependent child must take that child into account when calculating financial eligibility. But these calculations do not apply to children who have UK citizenship.

Financial requirements for UK fiancée/fiancé visa applicants:

• The UK sponsoring partner must have an annual income of at least £18600;

• For the first child, the sponsor will need an additional £3800 and their combined annual income must be at least £22400;

• The sponsor will need a further £2400 for each subsequent child. Thus, to accept a bride with two children, a British man must earn at least £24800, with three — £27200.

These are the sources of income that are considered when applying:

• Funds from self-employment or self-employment;

• A pension payable to both the visa applicant and his/her UK partner;

• Maternity benefits payable to a partner in the UK;

• Any other income and savings that the applicant and/or their partner specify, including shares, investments.

If you are claiming income from self-employment or employment, you need to show proof that you or your partner received cash for 6 months or more. For example, if you worked for the same employer and received £18600 or more over a six-month or longer period, you can use this evidence to prove financial claims.

The applicant’s and/or sponsor’s pension income can also be counted as annual income to fulfil the financial requirement. In what form it can be counted towards the required income:

• State pensions (paid both in the UK and overseas);

• Occupational pensions (occupational pensions);

• Private pensions (private pensions).

If the applicant and/or sponsor receives income from rental property, these funds can also be counted towards the financial requirement, but two conditions are important:

• The property must be owned by you or your fiancé (bride);

• A rental property can be your primary residence and should not become so once you get your visa.

The personal savings of the sponsor or the foreign bride/groom can also be used to fulfil the financial requirements:

• If savings exceed £16000 but fall below £62500, the annual income financial requirement may be reduced;

• If the applicant and/or their UK partner has more than £62500 in their account, the financial requirement is deemed to be met.

The funds must have been in the account for at least six months prior to the date of application. They may be held in a personal bank, savings or investment account of the applicant and/or his/her partner. Several different personal bank accounts may be used at the same time to fulfil this requirement. Funds may be held in a bank account in the UK or overseas, provided they are held with a financial institution regulated by the relevant authority in that country.

It is important to note that savings cannot be combined with earnings from previous employment if a person has worked for less than 6 months in the same job. This is because this approach does not give an accurate picture of financial resources. Also, cash savings cannot be combined with income from self-employment.

If your sponsor is paid any of the following benefits/entitlements, you will be exempt from the financial requirements:

• Severe Disability Payments;

• Allowance for loss of earning capacity arising from a work injury;

• Personal Independence Allowance or Disability Living Allowance;

• Armed Forces Independence Payment;

• A pension that is paid to military personnel;

• Police pension after injury.

It is the responsibility of the applicant to prove financial requirements. If the applicant fails to prove that they can support themselves and have sufficient income, they may be refused by the UK Home Office.

Accommodation requirements

When applying for a fiancé or fiancée visa, you will need to confirm that you and your British partner will have accommodation to share that meets all the necessary standards.

The flat or house can be owned or rented. It is important that you have the exclusive right to the property, i.e. you are the only one who can use it. You must provide official papers that prove that you are living here legally.

If you are the owner, you will be able to show proof of ownership by downloading it for a small fee from the official government website.

English language level

Language requirements may vary depending on individual circumstances.

To come to the country on a Fiancé visa, most applicants will only need to successfully pass the CEFR English language test at A1 level.

You do not have to take a language exam if:

• You are a citizen of an English-speaking country;

• You have an academic or research degree from within or outside the UK, but your qualification must be recognised by the English. And another condition is that your studies must have been conducted in English.

The following applicants are also exempt from taking the CEFR classification test:

• Persons whose age exceeds 65 years;

• Applicants who have a physical or mental impairment that prevents them from learning English;

• Those who cannot make up their language skills before entering the UK due to extraordinary circumstances.

If the applicant fails to demonstrate that he or she meets the requirements or that he or she is exempt, his or her application may be denied.

Required documents

To obtain a British fiancée visa, in addition to the application itself, you need to submit a whole list of documents. This mandatory package includes:

• Completed official application form;

• A valid passport, as well as all previous passports;

• A document confirming the payment of the registration fee;

• Evidence of the sincerity of your relationship: joint accounts, divorce certificates from previous spouses, photos of you with your partner, correspondence and a detailed description of your acquaintance;

• A language test certificate (or a British recognised academic or research degree from a relevant institution teaching in English);

• Documents proving financial solvency. For example, a bank statement or payslip, or a letter from an employer, or other documents that give an idea of the future couple’s income or savings;

• Information on previous immigration applications;

• Confirmation that you will have somewhere to stay in the British kingdom;

• Biometrics data (fingerprints and digital image);

• Police certificate of no criminal record, or information about a criminal record;

• Tuberculosis test document (if required).

With regard to the last point, this requirement depends on where the applicant lives. If you do need to be tested for TB, the cost of a TB test in England usually ranges from £65 to £110, depending on which centre you choose for the test.

You will not need testing if:

• You have returned as a UK resident and have not left the UK for more than two years;

• You have diplomatic status with accreditation in the United Kingdom;

• Before coming to the British Isles, you have lived for more than 6 months in a country that is in good standing with the British and that does not require you to be screened for tuberculosis. Importantly, you will not be required to take the test if you have not left the country for more than 6 months prior to your application.

Note that for some applicants, this exercise may be more costly than originally anticipated. This is due to the remote location of the nearest medical centre to the applicant to take the test approved by the immigration authorities. In some cases, the applicant may even have to travel abroad to undergo this procedure. In such a scenario, additional costs related to transport and accommodation must be taken into account.

It is mandatory to provide scanned copies of all original documents. Also, all documents in languages other than English must be translated and certified by a professional translator. Failure to comply with this condition will either result in your application being rejected or delay the processing of your application indefinitely.

Application procedure

It should be emphasised that in most cases applications for a fiancé or bride visa are made from outside the UK. The only exception is applicants who already have a valid fiancé visa and wish to extend it because they have not got married in time.

A person wishing to obtain a fiancé visa applies online. It is also necessary to prepare all the documents, carefully checking whether they fulfil all the requirements. It is important that the documents are dated before the day of your online application.

When applying for a fiancée visa, you are required to submit a set of documents to show that you are suitable for this immigration category. This package must include information about you, your partner and any dependents.

Some details may vary depending on your particular circumstances. However, in general, the following information is required:

• Your full name and date of birth;

• Information about your relationship with your partner in the UK, including how long you have lived together, your dating history and how regularly you meet;

• Details of any previous trips to the UK;

• Copies of your and your partner’s passport pages, as well as any dependents;

• Divorce papers if you were previously married;

• Information about former spouses as well as common children, including their birth certificates;

• Criminal records;

• Some information about your parents.

Generally, similar information will also need to be provided about your partner and any dependents who will be travelling to the UK with you.

Application Algorithm:

1. First you need to find out if you qualify for a fiancé visa. If you are not sure that you meet all the requirements of the British authorities, you should consult a solicitor;

2. Gather a packet of documents accompanying the application and double-check them again;

3. Fill out the suggested application form;

4. Pay the visa fee for processing your application;

5. Upload all required documents in scanned form;

6. Go through the biometrics procedure;

7. Go for an interview if one is scheduled for you.

If the British approve your application for a fiancée visa, you will be authorised to stay in the UK for six months. By granting you a fiancé visa, the British immigration authorities assume that you will make their country your new home. While your fiancé visa is valid, you should register your marriage with your British fiancé or fiancée. You should then waste no time in preparing a new set of documents and applying for a spouse visa so that you have a full-fledged residence permit in the United Kingdom.

However, remember that you not only have to marry your British partner before your visa expires. It is also important to fulfil the conditions set out for your immigration status.

Applicant’s main costs

The visa fee for this immigration route is £1846. It is payable to:

• In the local currency of the country from which the visa applicant is applying at the current exchange rate;

• In US dollars. In this case, the actual amount of the fee depends on the dollar exchange rate for the current period.

Foreign brides and grooms do not pay an immigration charge for medical treatment. But if you apply for a spousal visa, you will still have to pay for the right to use the British medical system along with the visa fee.

The fiancée visa application fee must be paid for each applicant. In other words, if you are travelling to the UK with dependent children, the visa fee is payable separately for each child.

The same requirement will apply when you apply for a residence permit as the spouse of a British person. You will also have to pay a visa fee and an immigration health fee for each dependent family member.

Additional costs

Additional costs incurred by the applicant when applying for a fiancé visa:

• English test — £200;

• A copy of the title deeds is in the region of £3;

• Housing Report — £0-120;

• Priority services (optional) — £500.

Also, if you decide to use other additional services such as document scanning, you will also have to spend some amount of money.

How long will it take to process the application?

The timeframe for obtaining a fiancée visa to the UK can vary considerably. It takes an average of 4-6 months for your application to be processed.

You can pay £500 for a priority service to have your appeal put at the top of the queue and dealt with within 30 working days. But before you pay for the service, it is important to recognise that they come in two types:

• For applications with settlement;

• For applications that are not migration-related.

You, as a fiancée visa applicant need the first option as you intend to move to the UK.

Not every applicant can benefit from this service. Who are not entitled to priority consideration of the application:

• A person who has overstayed in the United Kingdom;

• Someone who has been refused entry to and stay in the UK;

• A person with an outstanding criminal record;

• The person who committed the criminal offence (the country where it occurred is irrelevant);

• The one who was deported from the UK;

• Someone who has been refused a US, Canadian, Australian, New Zealand or Schengen visa;

• A person who has committed an offence in the UK or in another state.

If any of the above applies to you, your chances of getting priority consideration are reduced.

Visa validity period

A fiancée visa will allow you to live in the country for six months. Most overseas brides and grooms take the allotted time to officially register their marriage or enter into a civil partnership with their British partner.

As mentioned many times, the next thing to do is to move to another immigration category — get an English spouse visa. Applying for a spouse visa in the UK will give you a residence permit in the country for 2.5 years. Applying from abroad will allow yesterday’s bride to apply for a spouse visa for 2 years and 9 months.

Upon expiry, the spousal visa can be extended. To do so, a number of conditions must be fulfilled:

• Staying in an authentic relationship with the same partner;

• To live in housing that meets the standards;

• To support myself without government assistance.

It is important to note that the fiancé visa itself is not renewable in most cases. However, there may be exceptions in certain circumstances. For example, if you have not been married for 6 months while your visa is valid, it can be extended. To do this, you need to fulfil the same requirements as when you made your initial application. It is important that your circumstances do not change significantly.

Permanent residence permit

A fiancée visa does not give you a direct route to permanent residence. You will only be eligible to apply for an ILR (Indefinite Leave to Remain) which will allow you to live in the UK without any restrictions. Only then will you be eligible to apply for ILR (Indefinite Leave to Remain) which will allow you to live in the UK without any restrictions.

It also requires:

• Good knowledge of the English language;

• Continue to meet economic requirements;

• To live in decent conditions;

• Have intentions to remain married to a UK partner after permanent residence is obtained.

Those who are married to British nationals and permanent residents can apply for citizenship almost immediately after receiving ILR, without waiting 12 months. Once you become a British citizen, you will have exactly the same amount of rights and responsibilities as native Britons.

What are the reasons that lead to the denial of a fiancée visa?

A fiancé visa application can be rejected for a number of reasons, but you have the right to appeal. Let’s take a closer look at all the reasons for visa refusal:

• Failure to meet the financial requirements or other requirements for this visa;

• Incorrectly filled out online questionnaire. A person may choose the wrong form to fill out. It is important to fill out the one that is appropriate for your situation;

• Providing false documents or an incomplete set of documents. Any incorrect information, including an accidental mistake, can lead to a refusal. If you suspect that there are deficiencies or inaccuracies in your documents or application, you can withdraw the application or submit a new one;

• There is no evidence of the sincerity of the relationship with the UK partner. You need to provide the strongest possible evidence that you are in regular contact. You can provide screenshots of messages and chats, as well as photos of you travelling or going about your daily life together. You can include information about the relationship in a covering letter;

• Criminal history or immigration refusal. If you have previously been deported or prosecuted, you are likely to have difficulties in obtaining a fiancé visa. If you have been refused entry by the British Home Office in the past, this will make it very difficult to obtain a new visa. This does not mean that a refusal is guaranteed, but your application will be considered in detail. You should not conceal this information, because if the truth comes out, you will become an undesirable candidate.

Other reasons why an application may be rejected:

• Medical conditions for which authorisation to enter the UK is undesirable;

• There is a formal deportation order in place for the applicant at the time they apply for a visa;

• There is insufficient information on residence in the country;

• No visa fee has been paid;

• The applicant did not attend the scheduled interview.

What to do in the event of a refusal?

If you have been refused a visa, it is vital that you study the refusal notice carefully to find out exactly why your request has been refused. The letter will clearly state the options for appeal and let you know if you are entitled to a review of the decision.

If you have an appeal, you need to appeal within the time limit, which may vary depending on whether your appeal was filed outside or within the country. Prepare well-reasoned arguments that demonstrate why your case should be reconsidered.

Therefore, you have a chance to appeal against the decision. Your appeal will be heard in the appropriate court. If you are challenging the immigration authorities’ decision while you are in the country, you will be able to give evidence in person at the court, accompanied by a local partner. Those who are abroad will usually provide written material and evidence for the judge. If it is convenient for your situation, it may be possible to give evidence remotely. It should be noted that the process can take a long time and a successful outcome is not guaranteed.

Specific timeframes for appeals can vary and are not set in stone. Times ranging from one month to a year may be required to finalise the process. About half of immigration appeals result in the reversal of the original decision, and in recent years more than 75% of migration decisions have been reviewed in favour of applicants. This means that by making a strong case in your appeal, you can increase your chances of success.

You can contact the specialists of our company on any questions you are interested in related to immigration. Imperial & Legal employs lawyers with extensive experience and a huge number of successful cases, so you do not have to worry about the quality of our services.