FIANCE(E) (VISA FOR MARRIAGE)
With effect from 9 July 2012, the Immigration Rules have been amended to introduce new requirements for those applying for leave to enter, leave to remain, further leave to remain and indefinite leave to remain in the UK as a family member.
Please note that a fiancé(e), proposed civil partner, spouse, civil partner, same-sex partner, unmarried partner, child or adult dependent with leave to enter or remain in the UK on the family route granted before 9 July 2012, or granted following applications made before 9 July 2012, will remain subject to the Immigration rules in place before that date.
POST 9TH JULY 2012 REQUIREMENTS
A fiancé(e), proposed civil partner, spouse, civil partner, same-sex partner, unmarried partner, child or adult dependent with leave to enter or remain in the UK on the family route granted before 9 July 2012, or granted following applications made before 9 July 2012, will remain subject to the Immigration rules in place before that date. This section sets out the relevant guidance which apply to applications applying under these transitional arrangements.
Fiance(e) visa allows a person to bring their fiancé(e) to join them in the UK as long as they themselves have settled status in the UK. Settled Status means that they are living here lawfully with no time limit on their stay. If you are returning to the United Kingdom to settle, a fiancé can also apply to join you at the same time.
Duration of a fiance(e) visa
A fiance(e) visa is issued for six months and is solely for the purpose to travel to the UK to get married. After marriage the applicant may apply to stay in the UK, at which time a two year period UK visa may be issued. After this time a person can apply for Indefinite Leave to Remain as long as the marriage continues to stand.
Fiance(e) visa requirements
The following are the rules that must be met in order for you to qualify for a fiance(e)'s visa :
- you are seeking leave to enter the United Kingdom for marriage to a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement
- the parties to the proposed marriage have met
- each of the parties intends to live permanently with the other as his or her spouse after the marriage
- adequate maintenance and accommodation without recourse to public funds will be available for you and any dependents until the date of the marriage
- there will, after the marriage be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively
- the parties will be able after the marriage to maintain themselves and any dependants adequately without recourse to public funds
- you can speak English at the required level or you are exempt
- you hold a valid United Kingdom entry clearance for entry in this capacity
How do I and my partner qualify for a fiance(e)s visa ?
People who wish to apply for a fiance(e) visa must be 18 years of age or over, and the partner with the settled status or who is returning to the UK to live permanently, must be 18 years of age or over.
To qualify for a UK fiancé(e) visa, partners must:
- plan to marry within a reasonable time (usually six months);
- plan to live together permanently after you are married;
- have met each other;
- have a place to reside for the applicant and any dependants to live until they are married without help from public funds;
- be able to support any dependants without working or having to get help from public funds
To be eligible for a UK marriage visa you must be able to support and accommodate yourself without recourse to public funds.
Only after an applicant's fiance(e) visa is changed over to a marriage visa are they able to start working and hold the same rights as their spouse who is present and settled in the UK.
A fiancee visa applicants should marry within the six months from when the fiance(e) visa is issued.
The above options are not exhaustive as we treat every client's case individually. Please do not hesitate to book a phone, Skype or office consultation with us for a professional immigration advice and possible further representation before the UK Border Agency or the First Tier or Upper Tier Tribunal (Immigration and Asylum Chamber) (FTT/UTT IAC).
You can contact this office to book your initial phone or Skype consultation by phone +44(0)1938 590 943 or by Skype: immigration_lawyer