A UK fiancé visa enables the prospective spouse of an individual with certain status in the United Kingdom to legally enter and reside in the UK temporarily. In order to qualify for a Fiancé visa, the prospective spouse must be able to verify their intention to marry the person with settled status. Applications for entry under the terms of the UK’s Fiancé visa legislation (updated July 2012) can be submitted to the British Consulate, the British High Commission or the British Embassy.
Where a Fiancé visa application is successful, the applicant is permitted to enter the United Kingdom and stay for a maximum of six months. During this time, the intention to marry the individual with settled UK status must be fulfilled. Upon formal registration of the marriage, the applicant will then be entitled to apply for an extension of their settled status in the UK as a result of their marriage to a UK citizen or resident.
Should it be necessary to apply for an extension of the six-month provisional residency provided by way of a Fiancé visa, applications must be submitted prior to the initial visa’s expiration. A new provisional spousal visa may be granted if the application is successful, which extends the permitted residency for two additional years.
In the event that an application for a UK Fiancé visa is rejected, the applicant has the right to lodge a formal appeal. All appeals must be lodged no later than 20 days following the receipt of the rejection notification, which will provide details as to the assessing officer’s justification for rejecting the application.
Qualifying for a UK Fiancé Visa
In order to qualify for a Fiancé visa in the United Kingdom, a series of criteria must be fulfilled as outlined in the Appendix FM of the Immigration Rules. Detailed below are examples of the most important criteria the applicant must meet for their application to be accepted:
- Provision of evidence that you intend to live with your prospective spouse
- Confirmation of plans to marry before the six-month visa expires
- The ability to demonstrate that you are in a serious relationship
- Evidence to demonstrate your capacity (or the capacity of your partner) to support you financially for the duration of your stay, without the need to claim benefits
- The intention to marry an individual who already has settled status in the UK
- Both parties must have the legal right to marry in accordance with UK law
Here at Aristone Solicitors, we’ll provide the expert support you need to meticulously plan every aspect of your Fiancé visa application.
With our help, your case will be supported by the strongest possible evidence of your intentions and eligibility for entry to the United Kingdom. We’ll also provide full legal representation when dealing with the British Embassy or Consulate, along with any resulting court appearances that may be necessary.
Financial Requirements
UK immigration law outlines a series of essential requirements that must be met on behalf of both the foreign national (applicant) and their prospective British spouse (the sponsor). The sponsor’s financial status will be assessed to evaluate their capacity to support their prospective partner financially for the duration of their stay.
Requirements set out in current Fiancé visa policy include the following:
- The sponsor must be able to provide evidence of an average annual income of at least £18,600 for a minimum of six consecutive months, prior to the application being submitted – ideally with the same employer.
- If the sponsor has been with their current employer for less than six months, they will need to provide evidence of £18,600 minimum earnings for the past 12 consecutive months.
- Sponsors may also fulfil Fiancé visa financial requirements by providing evidence of personal savings of a minimum of £62,500 at the time of the application.
- Cases may also be considered through a combination of average monthly income and personal savings when the application is submitted.
Satisfying financial criteria for successful Fiancé visa procurement can be more challenging for the self-employed, jobseekers and individuals unable to provide evidence of their income. The personal immigration team at Aristone Solicitors can provide the support you need to present your case with confidence.
Contact a member of our legal team today to arrange your obligation-free consultation.
Accommodation
The individual applying for a Fiancé visa will need to provide evidence that they have somewhere to stay upon their arrival and for the duration of their residency. This will typically be the abode of their prospective spouse, though cohabitation isn’t strictly necessary.
However, the property the applicant indicates as their intended abode must be fit for purpose and of a sufficient size to accommodate them. The size of the property, along with its nature, state of repair and current occupancy will be taken into account as part of the evaluation process.
Several formal documents will need to be obtained to provide the necessary evidence of viable accommodation. Examples of which include title deeds, mortgage statements, tenancy agreements and more.
Genuine Relationship
In order to demonstrate a genuine intention to marry within six months, the applicant and their prospective partner must provide evidence that they are in a genuine relationship at the time of the application.
As there may be no specific tangible evidence of the relationship, this typically includes the preparation of formal documents and the procurement of reference letters from family, friends and people in positions of responsibility.
Such documentation can have a significant impact on the outcome of a Fiancé visa application and should be produced and presented under the supervision of a trained legal advisor.
English Language
A Home Office approved English language test must be passed by applicants from non-English speaking countries, in order for their Fiancé visa to be granted. Alternatively, a UK Bachelor’s Degree or equivalent qualification taught in English is sufficient to demonstrate competent English language skills.
If you or your prospective partner struggle with the English language, we can advise on the best possible course of action. Contact a member of the legal team at Aristone solicitors today to discuss your case in more detail.
Experts in Fiancé Visa Applications
Here at Aristone Solicitors, our trained individual immigration experts have extensive experience in all aspects of Fiancé visa applications. Our unrivalled knowledge and understanding of UK immigration policy enables us to handle even the most challenging cases with complete confidence.
Whether considering a future Fiancé visa application or you have already started the application process, we’d be delighted to support your case in any way we can. Organise your obligation-free consultation with a member of our individual immigration team today.
