A UK Fiancé/fiancée visa allows a person to bring their fiancé/fiancée to live with them in the UK. In order to qualify, the person already in the UK will need to have settled status in the UK. Once married, the fiancé/fiancée will then be able to apply for a Spouse visa, which entitles the holder to live and work in the UK.
Fiancé/fiancée visa rules
If you are seeking entry to the UK as a fiancé/fiancée, you must fulfil the following requirements:
- You are seeking to enter the UK because of your relationship to a person who is present and settled in the UK,
- you and the sponsor are over the age of 21 on the date that you plan to arrive in the UK, and
- you and your fiancé/fiancée intend to live together permanently as husband and wife once married.
Additional rules for fiancés/fiancées:
- A fiancé/fiancée must be someone who is legally able to marry under UK law.
- The parties to the proposed marriage must have met before the applicant is interviewed regarding the visa application.
- You must plan to marry within 6 months.
- Rather than seeking entry as a married person, you are seeking entry for marriage in the UK.
- The fiancé/fiancée will have sufficient accommodation and be adequately maintained until the date of the marriage and that after the marriage, the couple will have the means to accommodate themselves.
This takes into consideration the fact that the couple may not live together until after they are married. It is adequate that the fiancé/fiancée only have temporary accommodation possibly with relatives or friends.
Entry clearance
It is a requirement that all fiancés/fiancées obtain entry clearance before they travel to the UK. Anyone who arrives in the UK for the purposes of settling with their fiancé/fiancée without entry clearance will be refused entry. Entry clearance enables the applicant to come to the UK for an initial period of 6 months. Fiancés/fiancées will be given entry clearance which is only for the purpose of travelling to the UK to get married. Within this 6-month period they are not allowed to be employed and are prohibited from having access to public funds.
It is expected that fiancés/fiancées will marry within the initial 6-month period of their leave. If it is not possible for the couple to marry within this period, we can make an application on your behalf to the Home Office to extend your visa. We will need to demonstrate good cause as to why the marriage has not taken place and be able to show when the marriage will take place.
Once the couple are married, the applicant is eligible to apply for a variation of their leave, to stay in the UK as a spouse. The applicant will then be entitled to a 2-year probationary period of leave. Once the fiancé/fiancée visa has successfully been switched to a Marriage visa, the applicant will be able to start working in the UK.
Indefinite Leave to Remain
After the 2-year period, and as long as the marriage has lasted, a person can apply for Indefinite Leave to Remain. This removes any time restrictions on the applicant's right to live in the UK.
Do I need a lawyer?
The process of obtaining a fiancé/fiancée can sometimes be overwhelming, in terms of the evidence and explanation that may be required with an application. If your application is rejected, this may delay your personal marriage plans. Furthermore, a new application will need to be accompanied with a second payment of the government visa fee.
Avoid complications. Our lawyers have successfully completed the process for countless individuals, and are ready to assist you. Contact us now if you would like our assistance.
