This guidance relates to Fiance Visa UK 2019 requirements under Appendix FM of the Immigration Rules. Accordingly, covers the faqs relating to UK fiance or proposed civil partner entry and extension. And also covers the visa for dependant child of a fiance, application fee, processing time, refusal reasons and refusal rate.
UK Fiance Visa Guidance 2020
Indeed, the UK fiancé visa is a temporary arrangement, with the purpose of getting married or entering into civil partnership. However, only a person with a ‘settled status‘ in the UK can sponsor a fiance or proposed civil partner. Moreover, unlike spouse visa, the duration of UK fiance visa is six (6) months. Therefore, after the marriage/civil partnership in the UK a migrant can apply for leave to remain as a spouse or civil partner.
Please note, a proposed civil partner is a person who wishes to legally register a civil partnership with another person of the same sex.
In fact, to qualify for a UK fiance or proposed civil partner visa, an applicant needs to meet all the following requirements:
- The sponsor and the applicant must intend to get married within a six month period
- The applicant and his/her perspective civil partner must have met each other
- Both the individuals after marriage/civil partnership intend to live together on a permanent basis
- Both the applicant and the prospective spouse/partner must be at least 18 years of age
- The previous relationship has broken down permanently
- The UK sponsor or his/sher fiancé must be earning a minimum of £18,600 per annum or have the requisite savings. Nevertheless, the level of this financial requirement will increase if the applicant is also sponsoring children as dependants
- The applicant or the UK sponsor is able to support without public funds
- There must be adequate accommodation in the place
For further details please refer to Paragraph ECP.2.1. to 4.2 of Appendix FM to the Immigration Rules.
Fees and Processing Time
If an applicant meets the requirements of paragraph D-ECP.1.1 or ECP.1.2 then gets a UK fiance visa for a period not exceeding 6 months and subject to a condition of no recourse to public funds and to a prohibition on employment in the UK. Moreover, the person will be eligible to apply for a leave to remain in the United Kingdom as a partner/spouse once the marriage or civil partnership takes place in the UK.
Can a Person Work on a Fiance Visa?
No, a person can not work on a fiancé visa. However, a person on a spouse visa can do work in the UK. Therefore, a person on a fiance visa can not do work in the UK, until and unless he/she receives a decision of successful conversion of a fiancé to spouse/partner visa in the UK. For further details please refer to in terms of paragraph D-ECP.1.1 of Appendix FM.
Can one re-enter the UK on a Fiance Visa?
Yes, s spouse or civil partner can re-enter the UK following a honeymoon abroad during the remaining validity of their entry clearance as a fiancé(e) or proposed civil partner visa if they can satisfy the Immigration Officer, in the light of the change in their marital or civil partnership status (which they should evidence with a copy of the marriage or civil partnership certificate of their intention, within the remaining validity of that entry clearance, to regularise their status as a spouse or civil partner.
UK Fiance Visa Extension
Perhaps, if for some plausible reason the marriage or civil partnership could not happen within the initial six months, then a fiance can apply for an extension of six months for leave to remain in the UK. Accordingly, if the applicant has a good reason and evidence that the proposed marriage or civil partnership will take in the next six months then may apply for an extension of a fiancé(e) or proposed civil partner. Therefore, in terms of paragraph D-LTRP.1.1. or D-LTRP.1.2, if paragraph E-LTRP.1.11 applies (extension as a fiancé(e) or proposed civil partner), an applicant can get leave to remain for a period not exceeding 6 months, subject to a condition of no recourse to public funds and to a prohibition on employment.
If a fiancé(e) or proposed civil partner is granted on the basis of paragraph D-ECP.1.1 and any dependent child who is applying at the same time should be considered under paragraph EC-C.1.1 and if they meet those requirements, should be granted entry clearance under paragraph D- ECC.1.1 for a period and subject to conditions in line with those of their parent who is, or has been, granted entry clearance as a fiancé(e) or proposed civil partner under the partner Rules of Appendix FM.
How to apply extension for the dependant child?
Where a fiancé(e) or proposed civil partner is being granted on the basis of paragraph D-ECP.1.2., any dependent child who is applying at the same time should be considered under paragraph EC-C.1.1. and if they meet those requirements (except that, where the applicant’s parent is granted entry clearance following consideration under paragraph GEN.3.2., the applicant does not have to meet the requirements in paragraphs E-ECC.2.1. to E-ECC.2.4.), should be granted entry clearance under paragraph D-ECC.1.1 for a period and subject to conditions in line with those of their parent who is, or has been, granted entry clearance as a fiancé(e) or proposed civil partner under the partner Rules of Appendix FM.
Following the marriage or civil partnership and subject to a subsequent successful application for leave to remain as a partner on the 5-year or 10-year route, they may be able to qualify for indefinite leave to remain (settlement) after completing 60 months (5 years) or 120 months (10 years) in the UK with limited leave as a partner. However, the 5 or 10-year period will exclude any period(s) in the UK as a fiancé(e) or proposed civil partner.
Does UK fiance Visa time count towards ILR?
No, any period of entry clearance or limited leave as a fiancé(e) or proposed civil partner does not count towards the continuous period of leave needed to qualify for settlement as a partner under Appendix FM. Accordingly, an applicant on a 5-year route as a partner will be eligible to apply for indefinite leave to remain (settlement) after a continuous period of 60 months (5 years) in the UK with limited leave under that route (and excluding any period of leave granted as a fiancé(e) or proposed civil partner).
UK Fiance Visa Refusal Reasons
Apparently, UK fiance visa refusal reasons are mainly due to relationship, financial and language requirements. Accordingly, an applicant may usually get UK fiance visa if is able to meet the aforesaid requirements. However, the refusal letter usually indicates the refusal reasons in the light of the relevant immigration rules. Nevertheless, the decision-maker also considers a UK fiance visa for exceptional circumstances.
In fact, most of the applicant doesn’t get the UK fiance visa due to their inability to establish a genuine relationship. Therefore, an applicant should only apply for a fiance visa if the genuine relationship exists. Perhaps, it is relatively easy to meet financial and language requirements. However, to establish a genuine relationship is quite subjective. Therefore, even if a genuine relationship exists then at times it is difficult to clearly explain the existence of the relationship.
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