Fiancé Visa Route an option for marrying and remaining in the UK

If the person you are engaged to marry (your Fiancé) is a British citizen who is settle in the UK, or in the UK with refugee leave or with Humanitarian protection. You could consider applying for a Fiancé Visa if your intention is to get married within six months of entering the UK.

This category differs from the Marriage visitor visa which is for individuals who give notice to marry or form a civil partnership in the UK but have no intentions to stay in the UK after the marriage.

What is the eligibility?

Providing you meet the suitability criteria and do not fall for refusal under any of the general grounds for refusal. The following requirements form the criteria for the Visa and must be met for a successful application:

Both of you must be 18 and over
Neither of you are in a prohibited relationship
You have met in person
Your relationship must be genuine and subsisting
Any previous relationships must have broken down
You are seeking to enter the UK to get married or form a civil partnership
You and your Fiancé intend to live in together in the UK after the marriage or Civil partnership
You or your partner can not be married or in a civil partnership with another person at the date of the application
You can meet the financial requirements
You have adequate accommodation which is not overcrowded
You are able to speak English to the required level.

Financial requirements

Your UK partner must have an income of at least £18,600, either as an employment income, salaried, or non-salaried. Income from self-employment can also be used as evidence. These can be used individually or as combined evidence. There are other sources which could be taken into account which include non-employment income such as rental income or interest from certain investments, pensions income and savings.

What if I have children?

For the first dependent child who will be travelling with you, you will need to show evidence of a further £3,800 and £2,400 for each additional child. This is not applicable if the child is British or settled.

How long can I stay in the UK prior to getting married?

The Fiancé Visa allows you to stay in the UK for up to 6 months prior to your marriage. If you are unable to get married within the 6 months, then you would need to apply to extend your Fiancé Visa.

Once married, you can then apply for Leave to remain in the UK as a spouse.Should your marriage or civil partnership not be able to take place within the 6 months, your extension application would need to provide evidence as to why the marriage or civil partnership did not take place during the period of leave. This is a real possibility with the problems arising from the Corona Virus pandemic. You will need to extend your leave and have evidence to show that the marriage or civil partnership will take place in the next 6 months.

I am in the UK on a visitor’s visa, but want to get married

If you are in the UK on a visitors visa, then you must not intend to marry, form a civil partnership or give notice to do either without holding the specific visa. Therefore, you will need to apply for either the marriage Visit Visa (if you intend to stay in the UK short term) or the Fiancé Visa for long term stay as a spouse.

Once you are married or in your civil partnership, it's important to submit your application for Leave to remain as a spouse in the UK prior to your current visa expiring.

For further advice on this or any other Visa routes into the UK, contact our immigration consultants. With over 25 years combined experience achieving successful results, our consultants will help you to achieve your dream.