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What is a UK Fiancé(e) visa?
A UK fiancé(e) visa is intended to get you in the UK in order to marry your UK partner who is British Citizen or is ‘present and settled’. It can lead to Indefinite Leave to Remain (ILR), and/or British Citizenship and is valid for 6 months.
Despite its short validity, this visa can easily be extended by submitting a FLR(M) visa application before its expiration.
“What is the typical UK immigration route under this visa?”
- Visa application: UK fiancé(e) visa (6 months duration)
- Leave to remain application: FLR(M) visa (usually granted for 30 months)
- Leave to remain application: FLR(M) visa (usually granted for 30 months)
- Indefinite Leave to remain application: Indefinite Leave to remain
- Naturalisation as a British Citizen: British citizenship
What are the UK fiancé(e) visa requirements in 2020?
In order to be granted a fiancé(e) visa UK, you must meet the following:
- Your UK fiancée must be present and settled in the UK or a British Citizen
- You and your partner must not be in a prohibited degree relationship and over 18
- Your relationship must be ‘genuine’ and ‘subsisting’
- You must meet the English language requirement
- You must show that you are free from tuberculosis (TB)
- You must show that you meet the financial requirements
- You must show that there will be adequate accommodation for when you in the UK, and for all dependants that you may have
- You must intend to marry your UK partner in the UK
UK fiancée visa in details
- Your UK partner is likely to be ‘Present and settled’ in the UK if they are in the UK and have:
- Indefinite Leave to Remain; or
- Permanent Residence status under EU law; or
- Settled status under the Immigration Rules – appendix EU; or
- Your UK fiancé can be in the UK with refugee status or with humanitarian protection.
- Both of you must be aged 18 or over
- You must have met your UK fiancé in person
- Your fiancé must not be related to you in a way that is not allowed by the Home Office
- You must intend to live with your UK partner permanently in the UK
- You must persuade the Home Office that your relationship with your UK fiancé is ‘genuine’ and ‘subsisting’
ENGLISH LANGUAGE REQUIREMENT:
You must provide evidence that you meet the English language requirement. There are four ways that you can do this:
- The most common way is to pass a Home Office approved English language test at A1 level. There are currently two approved tests that you can take at A1 and above:
- Graded Examinations in Spoken English by Trinity College London
- IELTS Life Skills by IELTS SELT Consortium
- If you have a Bachelor’s or Master’s degree or a PhD that is taught in English, you may not have to take the A1 English language test
- If your English-taught degree was taught in the UK, this will meet the English language requirement.
- If, your degree was taught outside the UK, you must include the original certificate and original certification from UK NARIC
- If you are from one of the majority English speaking countries, you do not have to pass the English language test:
- Antigua and Barbuda;
- the Bahamas;
- New Zealand;
- St Kitts and Nevis;
- St Lucia;
- St Vincent and the Grenadines;
- Trinidad and Tobago;
- the United States of America.
- You may be exempt from having to take the test if one of these apply:
- You’re aged 65 or over when you submit the application
- You’re unable to take the test because of a physical or mental condition that prevents you from being able to sit the test;
- There are ‘exceptional’ circumstances. What is exceptional will depends on the facts.
A TUBERCULOSIS TEST
- TB test is required for those applying for a UK fiancé(e) visa if you are resident in one of the following countries:
- Afghanistan, Algeria, Angola, Armenia, Azerbaijan, Bangladesh, Belarus, Benin, Bhutan, Bolivia, Botswana, Brunei Darussalam, Burkina Faso, Burma, Burundi, Cambodia, Cape Verde, Central African Republic, Chad, Cameroon, China, Congo, Congo Democratic Republic, Côte d’Ivoire,Democratic People’s Republic of Korea, Djibouti, Dominican Republic, Ecuador, Equatorial Guinea, Eritrea, Ethiopia, Gabon, Gambia, Georgia, Ghana, Guatemala, Guinea, Guinea Bissau, Guyana, Haiti, Hong Kong or Macau, India, Indonesia, Iraq, Kazakhstan, Kenya, Kiribati, Korea, Kyrgyzstan, Laos, Lesotho, Liberia, Madagascar, Malawi, Malysia, Mali, Marshall Islands, Mauritania, Micronesia, Moldova, Mongolia, Morocco, Mozambique, Namibia, Nepal, Niger, Nigeria, Pakistan, Palau, Papu New Guinea, Panama, Paraguay, Peru, Philippines, Russian Federation, Rwanda, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Africa, South Sudan, Sri Lanka, Sudan, Suriname, Swaziland, Tajikistan, Tanzania, Thailand, Timor Leste, Togo, Turkmenistan, Tuvalu, Uganda, Ukraine, Uzkekistan, Vanuatu, Vietnam, Zambia, Zimbabwe
- You must be able to show that there will be adequate accommodation for you in the UK. The accommodation for when you arrive in the UK does not have to be permanent. You will however have to prove that there will be adequate and permanent accommodation for you when the marriage or civil partnership has taken place. This accommodation must be ‘owned or occupied exclusively’ by your family and must be what the Home Office deems as ‘adequate’ and it must not be statutorily overcrowded. The documents required to prove the above vary – it may be sufficient to provide rent or lease agreement. If your fiancée owns a property you may want to obtain documents from Land registry
FIANCÉE VISA FINANCIAL REQUIREMENT in 2020
- The financial requirements for a UK fiancé(e) visa are the same as if you were applying as a married spouse from outside the UK. This means that your fiancée must earn in excess of £18600 gross per annum or must have sufficient capital to make up for any deficiency. Your UK fiancée can be employed, self-employed a director/shareholder of a limited company etc. The financial requirement however is very detailed and proscriptive – your fiancée must provide specified documents in a specific format, or your UK fiancée visa application will be refused. The financial requirement is somewhat relaxed if the sponsor is in receipt of a permitted benefit, different test will apply in place of the standard minimum income of £18,600.
SUITABILITY – mandatory grounds for refusal.
- Do you meet the suitability requirements? If not, your application will be refused if any of those is true:
- You have been informed by the UKVI that you are not allowed in the UK.
- Your previous behaviour has made it undesirable to grant you UK fiancé(e) visa.
- You failed to comply with one of the following requirements without a reasonable excuse:
- Attend an interview
- Provide physical data
- Provide information
- Take a medical examination or provide a medical report.
- You have been notified of a deportation order.
- You have been sentenced to jail term for a significant amount of time.
- You have a medical reason which makes it undesirable to grant you a fiancée visa.
- You are considered to be a risk to your partner or his/her child.
- You left or were removed from the UK as a condition of a caution that was given to you under section 22 of the Criminal Justice Act 2003 less than 5 years ago.
SUITABILITY – other grounds for refusal.
- You may be refused if any of the following is met:
- You previously included false information, made false representations or provide forged/false documents,
- You failed to pay NHS charges that are owed that are greater than £500.
- You have a bad criminal history.
- You did not pay litigation costs that have been awarded to the Home Office.
- A maintenance and accommodation undertaking has not been provided when requested.
As you can see the process of obtaining UK fiancée visa is rather lengthy and complex. If you wish to instruct experienced UK immigration lawyers to represent you before the UK immigration authorities, please contact us now.