In the United Kingdom, Fiancé(e)/Proposed Civil Partner visas are available to individuals engaged to be married to British Citizens or those with settled status in the UK, provided that the marriage takes place within six months of arrival. This visa allows non-EEA/EU nationals to travel to the UK to marry and then switch to a Spouse Visa after the marriage. Note that this visa is distinct from the Marriage Visitor Visa, which requires the holder to leave the UK after the marriage ceremony.
Obtaining a UK Fiancé(e)/Proposed Civil Partner Visa
Before applying for a Fiancé(e)/Proposed Civil Partner Visa, it is worth considering whether to marry outside the UK and then enter as a spouse, as this avoids the need for a second application to remain in the UK. For advice, call us now on 0121 777 7715.
Eligibility Requirements for a UK Fiancé(e)/Proposed Civil Partner Visa
To obtain a UK Fiancé(e)/Proposed Civil Partner Visa, several requirements must be met to satisfy the UK Visas and Immigration (UKVI) Entry Clearance Officer. The main requirements are as follows:
- The Sponsor must be Present and Settled: The sponsor (partner resident in the UK) must be entitled to live and work in the UK without restrictions. This usually means they are a British Citizen or a permanent resident with Indefinite Leave to Remain. If the sponsor is overseas temporarily, they must intend to return to the UK before or with their Fiancé(e)/Proposed Civil Partner.
- Both Parties must be Free to Marry: Both individuals must be legally capable of marrying at the time of the visa application. If either is still married to someone else, they must provide evidence that divorce or annulment proceedings are complete or underway.
- Both Parties must be of Legal Age: Both the sponsor and the applicant must be at least 18 years old at the time of the application.
- The Couple must have Met in Person: The couple must provide documentary evidence that they have met in person before the application, and that they have spent time together. This helps demonstrate the genuineness of the relationship.
- Wedding Arrangements: Applicants must provide evidence that they intend to marry in the UK within six months of entry. This can include proof of wedding venue booking or other arrangements.
- Genuine Relationship: The couple must demonstrate they are in a committed, genuine relationship and intend to live together permanently after marriage.
- English Language Requirement: Applicants from non-English-speaking countries must pass an English language test before applying. Those educated to degree level in English may be exempt if they meet specific criteria.
- Accommodation and Financial Requirements: The sponsor must demonstrate they can provide suitable accommodation and meet the financial requirements. As of April 2024, the sponsor must have an annual income of at least £29,000. If children are involved, the minimum income thresholds are:
- £33,000 for one child
- £36,500 for two children
- £40,000 for three children
- An additional £3,500 for each additional child
Evidence of income must be provided, such as payslips, bank statements, and proof of employment for the past six months (or twelve months if self-employed).
- Medical Tests: Applicants from certain countries may be required to undergo tuberculosis testing before applying. This requirement applies to specific countries as listed by the UK government.
UK Spouse/Civil Partner Visa
A Spouse Visa is required for anyone wishing to live in the UK after marrying a British Citizen or someone with settled status. Applicants from non-EEA/EU countries should apply for a settlement visa through the British Consulate, Embassy, or High Commission in their country of residence. If approved, a multiple-entry visa valid for two and a half years is granted, with an option to extend further.
For those already in the UK on a valid visa of more than six months, it is possible to switch to a Spouse Visa after marriage. This includes individuals in the UK on a Fiancé(e)/Proposed Civil Partner Visa who have married their partner and wish to stay in the UK permanently.
The Spouse Visa allows residence and work in the UK for up to two and a half years, which is the first step towards obtaining Indefinite Leave to Remain (ILR). Call us now on 0121 777 7715 for more details.
Requirements for a UK Spouse/Civil Partner Visa
- Present and Settled Sponsor: The sponsor must be a British Citizen or hold Indefinite Leave to Remain. If they are temporarily abroad, they must demonstrate an intention to return to the UK with their spouse.
- Valid Marriage: The marriage must be legally valid in the country where it took place and recognized under UK law. Marriage certificates in foreign languages must be translated into English.
- Both Parties must be Aged 18 or Over: Both individuals must be at least 18 years old at the time of the application.
- Genuine Relationship: The couple must demonstrate that their marriage is genuine and not an attempt to bypass UK immigration laws.
- Financial and Accommodation Requirements: The sponsor must meet financial requirements and provide adequate accommodation without relying on public funds. The minimum income requirement is £29,000 per year, with higher thresholds if children are involved. Applicants must provide evidence such as bank statements, payslips, and proof of earnings for the last six months (or twelve months if self-employed).
- English Language Requirement: Most applicants must demonstrate proficiency in English, either through a mandatory language test or by providing evidence of education in English. Exemptions apply for nationals of English-speaking countries.
- Proof of Residence for Third-Country Applicants: If the applicant is temporarily residing in a third country, proof of legal residence (e.g., visas or residence permits) must be provided.
For more information or to discuss your specific circumstances, call us now on 0121 777 7715.