Fiancé / Fiancée Visas

This visa makes it possible for a person to bring their fiancé/fiancée to live with them in the UK provided they have settled status in the UK. Once married, the fiancé/fiancée will be able to live in the UK permanently without any time limit on their stay.

General rules

If you are seeking entry to the UK as a fiancé/fiancée, you must fulfill the following requirements:

1. You are seeking to enter the UK because of your relationship to a person who is present and settled in the UK,
2. you and the sponsor are over the age of 18 on the date that you plan to arrive in the UK, and
3. you and your fiancé/fiancée intend to live together permanently as husband and wife once married.

Additional rules for fiancés/fiancées:

1. A fiancé/fiancée must be someone who is legally able to marry under UK law.
   
2. The parties to the proposed marriage must have met before the applicant is interviewed regarding the visa application.
3. You must plan to marry within 6 months.
4. Rather than seeking entry as a married person, you are seeking entry for marriage in the UK.
5. The fiancé/fiancée will have sufficient accommodation and be adequately maintained until the date of the marriage and that after the marriage, the couple will have the means to accommodate themselves.

This takes into consideration the fact that the couple may not live together until after they are married. It is adequate that the fiancé/fiancée only have temporary accommodation possibly with relatives or friends.

Entry clearance

It is a requirement that all fiancés/fiancées obtain an entry clearance before they travel to the UK. Anyone who arrives in the UK for the purposes of settling with their fiancé/fiancée without entry clearance will be refused entry. Entry clearance enables the applicant to come to the UK for an initial period of 6 months. Once married, the person may then apply for a Spouse visa.

Does this give me Indefinite Leave to Remain?

Fiancés/fiancées will be given entry clearance which is only for the purpose of traveling to the UK to get married. Within this 6 month period they are not allowed to be employed and are prohibited from having access to public funds. Once the couple are married, the applicant is eligible to apply for a variation of their leave, to stay as a spouse. The applicant will then be entitled to a 2 year probationary period of leave. Once the fiancé/fiancée visa has successfully been switched to a marriage visa, the applicant will be able to start working in the UK.

After the 2 year period, and as long as the marriage continues, a person can apply for Indefinite Leave to Remain.

It is expected that fiancés/fiancées will marry within the initial period of their leave. If it is not possible for the couple to marry within this period, it is necessary to apply to the Home Office in order to be granted an extension of stay. The couple must have good cause as to why the marriage has not taken place and be able to show when the marriage will take place.

Do I need a lawyer?

The process of obtaining a fiancé/fiancée can sometimes be overwhelming, in terms of the evidence and explanation that may be required with an application. If your application is rejected, this may delay your personal marriage plans. Furthermore, a new application will need to be accompanied with a second payment of the government visa fee.

Avoid complications. Our lawyers have successfully completed the process for countless individuals, and are ready to assist you. Contact us now if you would like our assistance.