United Kingdom - Family & Partner - UK Fiance (British or Settled Partner) Visa

A Fiance Visa can be applied for when a couple are intending to marry in the United Kingdom but they do NOT meet the requirements of the UK Partner Visa. This Fiance Visa is an Entry Clearance Visa (in other words, it is issued to a partner in a country other than the UK). It is issued for a period of 6 months, during which time the couple must marry in the UK and apply for the UK Partner Visa.

PLEASE NOTE

THE HOME OFFICE HAS INCREASED THE PROBATIONARY PERIOD FOR THIS VISA FROM 2 YEARS TO 5 YEARS IN ORDER TO QUALIFY FOR SETTLEMENT OR INDEFINITE LEAVE TO REMAIN.

In addition to the above, the Home Office have implemented a new Financial Requirement to be met by the British partner or spouse. The financial requirement of £18,600 can be met in the following ways:

• employment or non-employmment income
• savings

Where dependents are included, a higher financial requirement must be met.

The full immigration rules are as follows:

Nothing in these Rules shall be construed as permitting a person to be granted entry clearance, leave to enter or variation of leave as a fiance(e) or proposed civil partner if either the applicant or the sponsor will be aged under 18 (this was reduced from 21 in mid 2010) on the date of arrival of the applicant in the United Kingdom or (as the case may be) on the date on which the leave to enter or variation of leave would be granted.

Requirements for leave to enter the United Kingdom as a fiance(e) or proposed civil partner (i.e. with a view to marriage or civil partnership and permanent settlement in the United Kingdom)

The requirements to be met by a person seeking leave to enter the United Kingdom as a fiance(e) or proposed civil partner are that:

(i) the applicant is seeking leave to enter the United Kingdom for marriage or civil partnership to a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; and

(ii) the parties to the proposed marriage or civil partnership have met; and

(iii) each of the parties intends to live permanently with the other as his or her spouse or civil partner after the marriage or civil partnership ; and

(iv) adequate maintenance and accommodation without recourse to public funds will be available for the applicant until the date of the marriage or civil partnership; and

(v) there will, after the marriage or civil partnership, be adequate accommodation for the parties and any dependents without recourse to public funds in accommodation which they own or occupy exclusively; and

(vi) the parties will be able after the marriage or civil partnership to maintain themselves and any dependents adequately without recourse to public funds; and

(vii)(a) the applicant provides an original English language test certificate in speaking and listening from an English language test provider approved by the Secretary of State for these purposes, which clearly shows the applicant's name and the qualification obtained (which must meet or exceed level A1 of the Common European Framework of Reference) unless:

(i) the applicant is aged 65 or over at the time he makes his application; or

(ii) the Secretary of State considers that the applicant has a physical or mental condition that would prevent him from meeting the requirement; or;

(iii) the Secretary of State considers there are exceptional compassionate circumstances that would prevent the applicant from meeting the requirement; or

(vii)(b) the applicant is a national of one of the following countries: Antigua and Barbuda; Australia; the Bahamas; Barbados; Belize; Canada; Dominica; Grenada; Guyana; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; United States of America; or

(vii)(c) the applicant has obtained an academic qualification (not a professional or vocational qualification), which is deemed by UK NARIC to meet the recognised standard of a Bachelor?s degree in the UK, from an educational establishment in one of the following countries: Antigua and Barbuda; Australia; The Bahamas; Barbados; Belize; Dominica; Grenada; Guyana; Ireland; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and The Grenadines; Trinidad and Tobago; the UK; the USA; and provides the specified documents; or

(vii)(d) the applicant has obtained an academic qualification (not a professional or vocational qualification) which is deemed by UK NARIC to meet the recognised standard of a Bachelor's degree in the UK, and

(1) provides the specified evidence to show he has the qualification, and

(2) UK NARIC has confirmed that the degree was taught or researched in English, or

(vii)(e) has obtained an academic qualification (not a professional or vocational qualification) which is deemed by UK NARIC to meet the recognised standard of a Bachelor's degree in the UK, and provides the specified evidence to show:

(1) he has the qualification, and

(2) that the qualification was taught or researched in English.

and

(viii) the applicant holds a valid United Kingdom entry clearance for entry in this capacity.

An EEA national who holds a registration certificate or a document certifying permanent residence issued under the 2006 EEA Regulations (including an EEA national who holds a residence permit issued under the Immigration (European Economic Area) Regulations 2000 which is treated as if it were such a certificate or document by virtue of Schedule 4 to the 2006 EEA Regulations) is to be regarded as present and settled in the United Kingdom.

Leave to enter as a fiance(e) or proposed civil partner

A person seeking leave to enter the United Kingdom as a fiance(e) or proposed civil partner may be admitted, with a prohibition on employment, for a period not exceeding 6 months to enable the marriage or civil partnership to take place provided a valid United Kingdom entry clearance for entry in this capacity is produced to the Immigration Officer on arrival.