In today's interconnected world, couples often find themselves in different countries. If you're planning to marry a UK citizen or settle down in the UK with your fiancé, you'll likely need to apply for a Fiancé Visa.
The Fiancé Visa, also known as the Engagement Visa, falls under the umbrella of the family visa scheme. It allows a qualified foreign individual aged 18 and above to come to the UK for the purpose of marrying or forming a civil partnership with a British citizen or with a person settled in the UK (e.g. with Indefinite Leave to Remain or Settled Status).
If all the criteria are met and a Fiancé visa is granted, this visa allows you to stay in the UK for up to 6 months, during which time you should marry your partner. Following your initial stay, you can apply for a Spouse Visa, granting you 33 months in the UK. You can further extend this for another 30 months, and eventually, you become eligible for Indefinite Leave to Remain (ILR), granting you permanent residence in the UK and free from immigration restrictions.
Fiancé visa eligibility requirements
To make a successful application for a Fiancé Visa, the following eligibility criteria must be met:
- You and your partner must be at least 18 years old
- You both intend to get married or enter into a civil partnership within 6 months of your arrival in the UK
- Your partner is either a British or Irish citizen, has obtained settled status in the UK (e.g. through indefinite leave to remain or EU settled status), or may also hold a UK Turkish businessperson visa, UK Turkish worker visa, or have refugee status or humanitarian protection in the UK
- You and your partner must be able to financially support yourselves. You will need to show you have a combined income of at least £18,600
- You must have suitable accommodation in the UK
- You have sufficient knowledge of the English language (e.g. Have passed an English language test at level a1 on the common European framework of reference for languages (CEFR) scale)
Genuine Relationship Requirements
In addition to the criteria above, you must be able to evidence that your relationship with your partner is genuine and subsisting, that you both plan to get married or enter into a civil partnership in the UK within 6 months of arriving in the UK and that you intend to live with your partner in the UK once you are married or have entered into a civil partnership.
UK Visas and Immigration (UKVI) closely scrutinizes potential "sham" relationships where applicants falsely claim to be in eligible relationships. There isn't a specific set of documents for proving your relationship; instead, you must provide ample evidence to establish the authenticity of your relationship with your UK-based partner.
Evidence may include:
- Bank statements reflecting joint accounts
- Documentation showcasing shared accommodation
- Birth certificates for any children born from the relationship
- Reference letters from family, friends, and professionals who can confirm the genuineness of your relationship
- Information detailing the duration of your relationship, how you met, and the frequency of your meetings.
Financial requirements
To qualify for a Fiancé Visa, you and your UK-based partner must meet specific financial requirements. You and your partner must have a minimum combined gross annual income of £18,600. If you have children, you'll need an additional £3,800 per year for the first child and £2,400 for each subsequent child. For instance, if you have two dependent children, the minimum income requirement rises to £24,800, and for three children, it becomes £27,200.
Various sources of income can be considered for your Fiancé Visa application, including income from employment or self-employment, pensions from either the applicant or partner, maternity allowances, or bereavement benefits received by the partner in the UK, and any other income or savings specified by either of you.
You can also use savings to meet the financial requirement, provided your savings exceed £16,000. If you possess enough savings, such as £62,500, you won't need to showcase any specific income.
The Home Office calculates this as follows:
Step 1: Take the amount of savings over £16,000 and divide it by 2.5 (representing the number of years these savings should cover).
Step 2: Deduct the result from the minimum income requirement based on your situation (i.e., £18,600 or higher if you have children).
For example, if you have £30,000 in savings:
£30,000 - £16,000 = £14,000 / 2.5 = £5,600
So, in this case, you would only need to demonstrate an annual income of £13,000 if you have savings of £30,000.
When you submit your Fiancé Visa application, you'll be required to create and sign a declaration specifying the source of your cash savings.
Accommodation requirements
UK Fiancé Visa applicants must show they have suitable accommodation in the UK and it:
- Is owned or occupied exclusively by the applicant and their family members
- Has sufficient living space
- Meets any public health requirements
- Will be obtained without recourse to public funds
Applying for a UK Fiancé Visa can be a challenging process, but with thorough preparation, adherence to requirements, and patience, you can successfully obtain the visa and start your life together in the UK. Remember to start the application process well in advance of your intended marriage date to ensure a smooth transition and a happy beginning to your new life as a couple in the UK.
Love will know no borders provided your application is prepared with attention to the smallest detail. Our immigration solicitors have a proven track record of obtaining fiancé, spouse and unmarried partner visas for applicants wishing to come to the UK as the partner of a British citizen or person present and settled in the UK.
We can advise you on the eligibility requirements for a partner visa application and once instructed will inform you of the documents required which would demonstrate you meet the relationship, financial, English language and suitability requirements.
We understand from experience that relationship-based applications are supported by a vast amount of documentary evidence which is why we will review your documents and prepare legal representations in support of your application.