Spouse Visa UK – Fiancé(e) or Proposed Civil Partner
Who should apply?
The fiancé(e) or proposed civil partner route is for anyone who is engaged to a British citizen or someone with Indefinite Leave to Remain in the UK. It is a 6-month visa for people who wish to get married during the period of that 6 months.
During the 6-month period, you must register your marriage in the UK in order to then apply for a further period of Leave to Remain on the basis of your relationship with your spouse.
What are the benefits?
The benefit of making a fiancé or proposed civil partner application is that the applicant who enters the civil partnership or marries in the UK can then apply for two and a half year’s Leave to Remain, which can be extended by another two and a half years, and then the applicant can (after the 5-year period) settle permanently in the UK. After the spouse of civil partnership application, the applicant can apply in country to extend her or her Leave to that of a spouse or civil partner.
What are the criteria?
As with many of the other applications under Appendix FM of the immigration rules, there is stringent criteria that must be satisfied and extensive documentary evidence must be provided. You must be able to prove that you have a genuine relationship with your proposed partner and a real intention to marry. You must also prove an intention to live together in the UK. There is no specific financial requirement but you must proof that your sponsor will be able to support you financially so that you will not have recourse to public funds. The fee is £93 to apply.
In order to apply for this visa, you and your spouse must:
- Have met
- Be lawfully married to on another
- Intend to live together as partners
- Ensure that the British citizen meets the financial requirement set out by the UK Visas and Immigration Office.
What if my fiancé is an EEA national?
An entry clearance officer must issue an EEA Family Permit to a person who applies for one if the person is a family member of an EEA national and the EEA national is residing in the UK in accordance with the Regulations and the family member will be accompanying the EEA national to the UK or joining them there. Under EC law, a non-EEA national family member of an EEA national has a right of residence in the UK through the EA national, provided that the EEA national has a right to reside under the 2016 Regulations. Regulation 2.1 defines an EEA national as a national of an EEA state. Therefore, you can regularise your stay and apply to get married in the UK. The only way that an application of this kind will be refused is if the entry clearance was to believe that the marriage was one of convenience. Therefore, you may be invited to a marriage interview.
Alternatively, you can exit the UK and apply for entry clearance. This may be advantageous as you avoid the risk of being detained.
Once you have been granted entry clearance, your EEA-national partner will need to continue working in the UK for five years to ensure that you remain legally. The salary does not need to be above a certain level.
The status of EEA nationals is subject to change as a result of the UK leaving the European Union. Read more about Brexit here.