Fiancé(e) Visa FAQ
In This Article
1. What is a Fiancé(e) Visa?
A Fiancé(e) visa allows a British or settled person in the UK to bring their non-EEA fiancé to join them in the UK with the intention of getting married within six months of being granted the visa.
2. Am I Eligible to Apply for a Fiancé(e) Visa?
In order to qualify for a Fiancé(e) visa, you will need to meet the following requirements.
Your partner must be British or Irish, hold Indefinite Leave to Remain (ILR), Settled Status or Pre-Settled Status. You must both be over the age of 18. You must have both met in person. You must both be free to marry or enter into a civil partnership. Please note that the UK does not recognise polygamous or polyandrous marriages.
Your relationship must be genuine and subsisting, and you must demonstrate an intention to live together permanently in the UK. You must also intend to marry or enter into a civil partnership within six months of your arrival in the UK. Any previous relationships must have broken down permanently.
You will be adequately maintained in the UK without recourse to public funds and there is adequate accommodation for your and any dependants (children under 18). You must also prove that you speak and understand English to the required standard.
We will address some of these requirements in detail below.
3. How Do I Show That My Relationship With My Fiancé(e) is Genuine and Subsisting?
You could provide evidence of cohabitation such as official correspondence addressed to you jointly or individually at the same address. Examples of official correspondence include correspondence from government agencies such as the NHS, DVLA, HMRC, local authorities etc, correspondence from your bank and utility bills.
If you haven’t cohabited, you can provide evidence that you regularly communicate (such as call logs or screenshots of regular messages), evidence that you support each other financially, or evidence of time spent together as a couple (e.g. shared travel or travel to visit each other). The Home Office recognises that there are circumstances where unmarried couples cannot live together for cultural reasons or due to work or study commitments.
4. How Do I Show That My Previous Relationships Have Broken Down Permanently?
If you have been widowed, you will need to provide a death certificate proving the death of your previous spouse or civil partner.
If you have previously been married and divorced you will need to provide a final order (or your jurisdiction’s equivalent documentation) in order to prove that the previous marriage has broken down permanently.
If you have previously been in a civil partnership and this civil partnership was dissolved, you will need to provide a dissolution order issued by a county court.
5. How Do I Show That I Will Be Adequately Maintained in the UK?
In order to demonstrate that you can be adequately maintained in the UK without recourse to public funds, you will need to satisfy a financial requirement.
You will need to demonstrate that your partner has a gross annual income of at least £29,000.
This requirement can be met through a variety of income sources including salaried and non-salaried employment income, self-employed income, property rental income, pension income, savings etc.
Please note that each of the different ways to meet the financial requirement have different, strict evidentiary requirements. If these are not met, your application will be refused.
Different considerations will apply if your partner is in receipt of certain benefits such as disability living allowance, personal independence payment, carer’s allowance etc. If this is the case you will still need to prove that you will be adequately maintained and accommodated in the UK, but you do not need to prove that your partner has a gross annual income of £29,000.
6. What Else Do I Need to Know About the Fiancé(e) Visa?
Applications for Fiancé(e) visas can only be made from outside the UK.
If your application for a Fiancé(e) visa is successful, you will be granted permission to enter and remain in the United Kingdom for a period of 6 months. After your wedding ceremony has taken place, you will then be eligible to apply to switch into the Spouse visa category without having to leave the UK.
If your marriage does not take place before your Fiancé(e) visa expires, you can apply to extend your stay for a further 6 months in order to allow the ceremony to take place, provided that there is a good reason why it has not done so to date and there is evidence that a ceremony will take place within the next 6 months.
Fiancé(e) visa holders are not permitted to work in the UK.
7. Should I Apply for the Fiancé(e) Visa or the Unmarried Partner Visa?
It may be most cost effective to apply for an Unmarried Partner visa, rather than a Fiancé(e) visa. If you are aiming to eventually apply for Indefinite Leave to Remain in the UK, this is the cost of your route on the Fiancé(e) visa:
- Entry clearance application as a fiancé(e) (£1,938);
- Leave to remain application as a spouse (£1,321);
- Further leave to remain application as a spouse (£1,321);
- Application for indefinite leave to remain (£3,029).
Therefore, the total cost for Home Office fees, not including the Immigration Health Surcharge, is £7,609.
The cost of the route to settlement if you apply as an unmarried partner is:
- Entry clearance application as an unmarried partner (£1,938);
- Leave to remain application as an unmarried partner/spouse/civil partner (£1,321);
- Application for indefinite leave to remain (£3,029).
Therefore, the total cost for Home Office fees, not including the Immigration Health Surcharge, is £6,288.
However, in order to qualify for an Unmarried Partner visa you must prove that you have been in a genuine and subsisting relationship similar to marriage or a civil partnership for two years. If your relationship is shorter than two years but you are engaged to be married or enter into a civil partnership, you will need to apply for the Fiancé(e) visa.
Please note that you are allowed to marry or enter into a civil partnership in the UK while on the unmarried partner route without restarting your route to settlement.
8. Contact Our Immigration Barristers
If you would like to discuss your eligibility for a Fiancé(e) visa, or if you require legal assistance in connection with an appeal or application, contact our specialist immigration barristers on 0203 617 9173 or via the enquiry form below.
Please note that the information provided in this article is for general guidance only and is based on the immigration rules and policies in force at the date of publication. Immigration law and Home Office policy can change frequently, and requirements may vary depending on individual circumstances. Legal advice should always be sought in relation to your specific situation.
