Applying for a UK Fiancé visa

When you are engaged to be married you want to be able to live in the same country as your fiancé. That is understandable and that is what the UK fiancé visa is for.  You will need a fiancé visa if you are a non-EEA national and you want to live in the UK with your partner as an engaged couple. Wherever you are reading this blog, if it is in India, the Philippines Pakistan, the USA or other non-EEA country, then the same UK immigration Rules will apply to you if you are not an EEA national. 

UK fiancé visa solicitors  

If you don’t know where to start with your UK fiancé visa application or are worried about your fiancé visa application being rejected by the Home Office then London based OTS Solicitors can help you. We are experts in UK immigration law and have a specialist team of fiancé visa solicitors who can sort out your application for you and answer your visa questions. Call us on 0203 959 9123 or contact us online    

Do I need a fiancé visa?  

The answer to the question ‘do I need a fiancé visa?’ may depend on your particular circumstances. For example, whilst you may be a non-EEA citizen who is engaged to marry a British citizen (or someone with UK Indefinite Leave to Remain or Settled Status) and you want to come over to the UK to be with your partner, there may be alternate visa options such as: 

  • An Investor Visa; or 

  • A Tier 2 (General) visa if your profession is on the UK Shortage Occupation List or you have a UK employer to sponsor you; or 

  • A start up visa if you are planning to set up your own business and meet the Start-up visa eligibility criteria; or 

  • An exceptional talent or promise visa.   

A specialist immigration solicitor will look at your best immigration options and priorities. For example, if you have family money or if you have exceptional talent in a specified field, and your goal is to settle in the UK, then the Investor Visa or the exceptional talent visa may be your fastest and best UK settlement option. 

Do I qualify for a UK fiancé visa? 

The first and most obvious qualification for a UK fiancé visa is that you have to be engaged to be married and your fiancé must either: 

  • Be a British citizen – this can be by birth or through a British naturalisation application; or 

  • Have Indefinite Leave to Remain  status – so they are free of UK immigration  control and ordinarily resident in the UK; or 

  • Have Settled Status – so they are not subject to UK immigration controls, ordinarily live in the UK and their stay in the UK isn’t time limited. 

Checking your fiancé’s immigration status may be the first step in your application process as you may need to wait until he or she has secured Indefinite Leave to Remain or Settled Status. If you think that an application for Indefinite Leave to Remain will take ages to process then that isn’t necessarily the case if your fiancé meets the Indefinite Leave to Remain eligibility criteria and uses a Home Office premium service to fast track the application.   

In addition to your fiancé having British citizenship, ILR or Settled Status you will also need to meet the following criteria for a UK fiancé visa: 

  • You must both be at least eighteen years of age; and  

  • You must have met each other in person – a skype or online relationship isn’t sufficient. However, you don’t need to have lived together but you do need to be in a genuine engaged relationship; and  

  • You must intend to live together on a permanent basis once you are married – it can't be an engagement of convenience ; and  

  • Any previous relationshipmust have ended; and  

  • You must have enough funds to support yourselves (and any dependent children) without claiming public funds; and  

  • Your fiancé must have a minimum income of £18,600 per year. This is called the financial requirement. The level of income needed to meet the financial requirement rises if you have dependent children. 

  • There must be suitable accommodation available for you, your fiancé and any dependent children 

  • You must meet the English language test. 

In essence the fiancé visa eligibility criteria are focussed on only attracting applicants who are in a genuine relationship and who can financially support themselves.   

Fiancé visa solicitors  

If you are concerned about meeting the fiancé visa eligibility criteria then call the fiancé visa solicitors on 0203 959 9123 or contact us online.   

How long can I stay in the UK on a fiancé visa? 

If you are granted a UK fiancé visa by the Home Office then you will be able to enter the UK for a period of six months. During your fiancé visa you will be expected to get married to your fiancé.   

What happens if I get married whilst on a UK fiancé visa? 

The purpose of your fiancé visa is to enable you to get married whilst in the UK on your six month visa. Once the wedding has taken place you will need to apply for a UK spouse visa. You do not need to go home to apply for a Spouse Visa as you can make your application whilst in the UK provided that you do so before your fiancé visa expires. 

Can I settle in the UK on a fiancé visa? 

A UK fiancé visa only lasts for six months so you can't settle long-term in the UK on a fiancé visa but you can use a fiancé visa as a route to settlement. For example you can: 

  • Apply for a fiancé visa and once you are married then; 

  • Apply for a Spouse Visa – this will last up to thirty months if you apply for it within the UK; and then 

  • Apply for a Spouse Visa extension; and then 

  • Once you have legally lived in the UK for five years on a Spouse Visa you can apply for Indefinite Leave to Remain in the UK ; and then 

What if I do not get married whilst on a UK fiancé visa? 

If you don’t get married during the six month fiancé visa then you can apply to the Home Office to extend your fiancé visa for a further six months. The Home Office will only grant the fiancé visa extension application if there is a good reason why your marriage did not take place, for example, your fiancé had a serious accident or you suffered a bereavement. You also need to be able to provide evidence that a marriage ceremony will take place within the next six months to successfully secure a UK fiancé visa extension. 

Can I work in the UK while on a fiancé visa?  

If you enter the UK on a fiancé visa then you cannot work. If you work whilst subject to immigration control then you will be in breach of immigration Rules and this may affect the success of future immigration applications. This is because the Home Office takes into account your immigration record when deciding whether to approve a visa application. Once you successfully apply for a Spouse Visa you can work in the UK although you will remain subject to immigration controls until you secure Indefinite Leave to Remain in the UK.    

Fiancé visa solicitors  

If you have questions about making a fiancé visa application then call the fiancé visa solicitors who will answer your questions and prepare your fiancé visa application to ensure that you stand the best chance of securing your UK fiancé visa. Call us on 0203 959 9123 or contact us online.   

OTS Solicitors are based in central London and are recommended in the two leading law directories, Legal 500 and Chambers Guide to the Legal Profession. OTS Solicitors can advise on all your immigration law needs including applying for a fiancé visa extension, Spouse Visa or Indefinite Leave to Remain after entering the UK on a Spouse Visa. If your application for a fiancé visa has been turned down by the Home Office we can advise you on your best immigration and appeal options.  

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For the best expert legal advice and outcome on your UK immigration application, contact OTS immigration solicitors on 0203 959 9123 or contact us online.

 

We are one of the UK’s top firms for immigration solicitors and civil liberties lawyers. We can advise on a broad range of immigration issues including Appeals and Refusals, Judicial Reviews, Spouse Visas, student visas, Work Permit Visas, Indefinite Leave to Remain, EEA Applications, asylum and human rights, British citizenship, All types of visas, Business Immigration Visas, entrepreneur visas and Investor Visas.

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