What are the eligibility requirements for a fiancé visa?

UK fiancé visa applicants and their proposed spouses or partners must meet a strict set of eligibility requirements to qualify for this immigration route. The requirements are designed to prove that you have a genuine relationship with financial stability, and that you are ready to marry. The key criteria are as follows:

• Intent to marry: The couple must intend to marry or enter a civil partnership within six months of the applicant arriving in the UK. The couple must demonstrate that they are in a genuine and subsisting relationship. This might include evidence of cohabitation, regular communication, shared responsibilities or travel together. Both partners must also be free to marry, meaning any previous marriages or civil partnerships must be legally ended, and you may need to supply evidence of this.
• Status of the UK partner: The UK partner must be either a British citizen, hold settled status (such as indefinite leave to remain), or have refugee status or humanitarian protection in the UK.
• Financial requirements: The couple must meet a minimum income threshold to demonstrate that they can support a life in the UK without recourse to public funds. The combined income must exceed £29,000 per year, which increases if there are any dependent children who will be applying as part of the family visa once the couple is married. There is also an application fee and an Immigration Health Surcharge that must be paid, which constitute an additional financial requirement.
• English language requirement: The applicant must prove a basic understanding of English, typically by passing an approved English language test at the A1 level (Common European Framework of Reference for Languages). Certain exemptions apply, such as if the applicant is from a majority English-speaking country or holds a degree taught in English.
• Intent to settle in the UK: The applicant must plan to switch to a spouse visa after marriage. This is necessary as you can only live in the UK for up to six months under a fiancé visa. A spouse visa allows you to stay in the UK for a longer period and eventually apply for indefinite leave to remain.

What is the fiancé visa application process?

The UK fiancé visa application process can be complicated, as there are several types of documents you will need to gather and a few different stages to the process. However, with legal support and a clear understanding of the steps you need to take, things become a lot simpler.

• Check your eligibility: A fiancé visa applicant must first check that they (and their UK-based partner) meet the eligibility requirements described above.
• Gather evidence: You will need to prove that you meet the financial requirement and that you have a legitimate intention to get married when you move to the UK. You will also need identity documents, as you would when applying for all UK visas. These may include:
  • Passports of both the applicant and the UK partner.
  • Evidence of a genuine and subsisting relationship, such as photos, travel tickets, correspondence and statements from both partners.
  • Proof that the UK partner meets the minimum income requirement, typically through payslips, bank statements, employment contracts or proof of savings if using alternative financial sources.
  • Documents proving adequate accommodation is available, such as a tenancy agreement, mortgage statement or property inspection report.
    A certificate of a test result (A1 level or higher) in English language proficiency, unless an exemption applies.
  • Evidence of upcoming marriage plans, such as a booking confirmation from a registry office or other arrangements for the ceremony.
• Complete the online application form: The application can be accessed and completed online through the UK Visas and Immigration (UKVI) website. Applicants must select the appropriate visa category (Fiancé(e) or Proposed Civil Partner visa) and provide accurate information about themselves, their UK partner and any dependents. You must pay the application fee at this stage, along with the Immigration Heath Surcharge that enables you to access NHS services during your stay in the UK.
• Book and attend a biometric appointment: You will be invited to book an appointment at a visa application centre in your home country at the end of the application process. Here, you will provide biometric information, including fingerprints and a photograph, and submit your documents for verification. You may also be interviewed and need to answer questions about the relationship, marriage plans and other background information.
• Submit supporting documents: You may submit supporting documents at your biometric appointment, or upload copies of them online afterwards. UKVI will carefully examine documents that represent relationship evidence or that prove you meet the visa financial requirement to verify that you meet the requirements.
• Wait for a decision: The standard processing time for a fiancé visa is around 12 weeks, though this is subject to delays based on demand and other factors. It is also possible to pay an additional fee for a priority service, through which you should receive a decision within 30 days. If your visa is approved, you will receive a sticker in your passport that will allow you to enter the UK. Upon arrival, you will also need to collect a Biometric Residence Permit to act as proof of your right to stay.
• Get married: After entering the UK, you must marry or enter a civil partnership within the six-month visa period. Once married, you can apply to switch from a fiancé visa to a spouse visa.

You must take care throughout this process to meet all of the UK fiancé visa requirements and avoid any errors in your application. This can lead to delays, or cause your application to be rejected. There is a visa appeals process that can help if you are left unable to come to the UK, and you should speak to the immigration solicitors at Tyler Hoffman for advice on minimising the risk of a rejection or appealing a decision.