Fiancé Visa

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Partners of British citizens or those with indefinite leave to remain can make an application for leave to enter or leave to remain and these applications will be dealt with under Appendix FM and Appendix FM(SE).  It is not always easy to follow the Rules as the paragraphs are not numbered but labelled and Rules refer to other Rules in different sections.  We hope to bring some clarity to the requirements by answering some of the most popular questions.

In order to make a valid fiancé visa UK application you need to use the correct application form and pay the application fee.  Applications also require payment of NHS surcharge.  The correct application form will depend on the case. A successful application under Appendix FM will generally result in a grant of leave to enter or remain. During this time, the person is allowed to work but cannot have access to public funds. An applicant can apply for indefinite leave to remain after five years in this category.  The exception is where an applicant is granted on the basis of “exceptional circumstances” in which case the application will be granted under the 10 years route.

For the fiancé visa UK application to be successful an applicant must meet certain requirements.  These are divided into suitability criteria and eligibility criteria. The suitability criteria will look at the applicant’s character, check if there are any reasons why he or she should not be admitted or allowed to remain in the UK. The eligibility criteria concern the relationship between the applicant and the sponsor, maintenance and accommodation including a requirement of knowledge of the English language.  Knowledge of English language must be demonstrated in applications for leave to enter or remain.

Fiancé visa UK

What is a fiancé visa?

A fiancé is a person who wishes to enter the UK with a view of marriage to a sponsor who is either present and settled in the UK or British.

What is meant by present and settled?

Present and settled means that the sponsor is either settled in the UK and is physically in the UK or is coming to the UK with or to join the applicant with the intention to make the UK their home.  Settled is defined in paragraph 6 of HC395 and means free from any restrictions on the period on which they can live ordinarily in the UK.

Is there a requirement for the couple to meet?

The applicant has to have met his or her fiancé before making the application and there have been a number of Tribunal determinations on how to interpret the phrase “to have met”.  Entry clearance officers in each case, will look into whether the parties have made the acquaintance of each other, and that will be a question of fact.

What if the divorce process for one of the partners is not yet finalised?

An entry clearance would not be refused for this reason alone, as long as you can provide evidence that the divorce proceedings are well under way. While the divorce may well come through within six months, thereby enabling the couple to get married, the entry clearance officer should be aware that divorce proceedings may take longer. Should one of the parties still be waiting for a divorce whilst in the UK, they can apply for an extension of the fiancé visa in the UK and once married can apply for leave to remain as a spouse, and obtain leave for 30 months.

What immigration conditions apply to a fiancée visa?

The applicant should initially be admitted to the UK for six months and will not be allowed to take employment until after the marriage.

What are the fiancé visa requirements?

In order to qualify for a UK fiancé visa, the applicant needs to satisfy the UKBA that:

1. Your partner is British or holds Indefinite Leave to Remain or Limited Leave to Remain under Appendix EU
2. You are both over 18
3. Have met in person
4. Both free to marry
5. The relationship is genuine and the couple intend to live together permanently in the UK
6. You intend to marry within six months of your arrival in the UK
7. Any previous relationship has broken down permanently
8. There will be adequate maintenance in the UK without recourse to public funds by meeting the financial threshold. See Appendix FM(SE).
9. There is adequate accommodation for the applicant
10. Can satisfy the English language requirement

Danielle invites you to take a look at her blog, where you will see the diverse range of clients that she has helped.

If you have any questions about the process or would like to apply for Appendix FM Visa please contact Danielle or call on 020 7267 4133. Danielle will only charge you for the first consultation if you decide to become her client and if she can assist you.