This relates to fiancé(e) or proposed civil partner visa requirements in the light of Appendix FM to the Immigration Rules. The post will provide a general overview of the fiancé(e) or proposed civil partner visa to enable a prospective applicant to understand the purpose of the fiancé(e) visa. The post also tries to answer questions such as: Can a person re-enter the UK on fiancé visa? Does fiancé visa time count towards ILR? How to apply for the visa for the child of a fiancé?
Fiancé or Proposed Civil Partner Visa UK
A person with a ‘settled status‘ in the UK can sponsor fiancé or proposed civil partner to enable their marriage or civil partnership in the UK. The visa is issued for six months for undertaking marriage/civil partnership in the UK. However, if for some plausible reason the marriage or civil partnership could not happen within the initial six months, then an extension of six months for leave to remain in the UK is granted. Depending on the circumstances of the applicant and the UK sponsor, apart from fiancé visa, marriage visitor visa can also be applied for enabling marriage or civil partnership. However, after marriage or civil partnership, the fiancé visa is converted into spouse/partner visa for leave to remain in the UK, which enables permanent settlement.
Immigration Rules: Appendix FM
Under paragraph D-ECP.1.1. or D-ECP.1.2., if the applicant meets the requirements for entry clearance as a partner where they are a fiancé(e) or proposed civil partner, they should be granted entry clearance 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.
The applicant is also advised that he/she 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.
D-ECP.1.1.……………fiancé(e) or proposed civil partner, the applicant will be granted entry clearance for a period not exceeding 6 months, and subject to a prohibition on employment and a condition of no recourse to public funds.
According to paragraph E-ECP.2.8. the sole purpose of a fiancé(e) or proposed civil partner visa to enable the marriage or civil partnership of the applicant with the UK sponsor.
E-ECP.2.8. If the applicant is a fiancé(e) or proposed civil partner they must be seeking entry to the UK to enable their marriage or civil partnership to take place.
If an applicant was last granted entry clearance to the UK as a fiancé(e) or proposed civil partner; however, the marriage or civil partnership did not take place during the 6 month period of that entry clearance then in terms of E-LTRP.1.11. of Appendix FM if the applicant has a good reason and evidence that the proposed marriage or civil partnership will take in the next six months then he/she can apply for an extension.
Under 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 will be granted 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. Any extant leave as a fiancé(e) or proposed civil partner will not be added to any period of further leave as a fiancé(e) or proposed civil partner granted under paragraph D-LTRP.1.1. or D-LTRP.1.2. or when they seek to switch from fiancé(e) or proposed civil partner following their marriage or civil partnership.
Leave to Remain
E-LTRP.1.11. If the applicant is in the UK with leave as a fiancé(e) or proposed civil partner and the marriage or civil partnership did not take place during that period of leave, there must be good reason why and evidence that it will take place within the next 6 months.
Can You Work on a Fiancé Visa UK?
No, in terms of paragraph D-ECP.1.1. of Appendix FM, a person can not work on a fiancé visa. However, the holder of spouse visa is entitled to do work in the UK, which is an advantage over 6-month fiancé(e) visa that does not allow applicants to do work in the UK. Accordingly, a person on a fiancé visa is not entitled to 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.
Can Re-enter the UK on Fiancé Visa?
A 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 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 in the UK as a spouse or civil partner.
Settlement 5 Year Route | Settlement Visa 10 Year Route
Following the marriage or civil partnership and subject to a subsequent successful application for leave to remain (and in due course for further 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. The 5-year or 10-year period will exclude any period(s) of entry clearance or limited leave as a fiancé(e) or proposed civil partner.
Visa for Child of Fiancé
Where a fiancé(e) or proposed civil partner is being granted on the basis of paragraph D-ECP.1.1., 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.
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.
Does Fiancé Visa Time Count Towards ILR?
In fiancé(e) and proposed civil partner applications leave will be granted for up to 6 months. 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).
The Previous Relationship Has Broken Down Permanently
It is essential for grant of an entry clearance visa as a Fiancé(e) or proposed civil partner for marriage or civil partnership in the UK that neither the applicant nor partner is still married to, or in a civil partnership with, another person at the date of the entry clearance application.
If either the applicant or the partner in the UK has been married or in a civil partnership with another person then the applicant is required to provide acceptable evidence that the previous marriage/civil partnership has ended to enable the proposed marriage/civil partnership to take place.
A failure to provide the specified evidence would attract a refusal under paragraph E-ECP.2.9.(ii) of Appendix FM.
E-ECP.2.9. (ii) If the applicant is a fiancé(e) or proposed civil partner, neither the applicant nor their partner can be married to, or in a civil partnership with, another person at the date of application.
Marriage Visitor Visa
Marriage Visitor Visa or Fiancé/Proposed Civil Partner Visa are the two ways of applying for an entry clearance to get married or enter into a civil partnership in the UK. Although the purpose of both these two type of visas is the same the intentions are totally different.
Requirements of Fiancé Visa in UK
Since fiancé visa is a temporary arrangement, with a purpose of getting married or entering into civil partnership usually within six (6) months of the grant of the entry clearance, therefore, most of the requirements for getting a fiancé visa are the same as that of getting the spouse/partner visa. To qualify for a fiancé visa, an applicant is required to fulfil all the requirements in Paragraph E-ECP.2.1. to 4.2 of Appendix FM to the Immigration Rules.
- The sponsor and the applicant must intend to get married within a six month period.
- The applicant and his/her prospective 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 fiancé must be earning a minimum of £18,600 per annum or have savings to be able to sponsor the applicant. The level of this financial requirement will increase if the applicant is also sponsoring children as dependants;
- The applicant must be able to support him/herself, or be supported by their partner, without access to public funds.
- There must be adequate accommodation in place.
Fiancé Visa Refusal
Leave to remain as a fiancé(e) or proposed civil partner in the UK will be refused if the immigration officer is not satisfied that all of the relevant requirements of the Immigration Rules are met and the ECO is satisfied that there are no exceptional circumstances. The refusal letter usually indicates the refusal reasons in the light of the relevant immigration rules.
In the following refusal letter, the ECO was not satisfied that the applicant had been able to prove his relationship as claimed. Therefore, the ECO doubts the sole purpose is not to enable the marriage or civil partnership to take place. Accordingly, the ECO refused the application under EC-P.1.1 (d), which means that the applicant was not able to fulfil all the requirements in paragraphs E-ECP.2.1. to 4.2 of Appendix FM to the Immigration Rules.
You state in your Appendix 2 form that you met your sponsor in 1982, that your relationship began in March 2016 and that you meet 3-4 times a year. However, I note that when you applied to visit your sponsor in September 2016 (application number xxxxxxx) and November 2016 (application number xxxxxxx) you stated on both occasions that she was only your friend and did not declare that you were in a relationship, which contradicts your current statement.
I also note that with your application you have provided a number of photos showing you and your sponsor together and therefore I am satisfied that you have met. However, apart from two photos labelled as taken in December 2016, all were made in 2017 and do not fully demonstrate your relationship since March 2016. I also note here that the vast majority of the provided online conversations/Facebook records is either undated or covers only 2017.
Finally, while I note from the provided flight tickets that your sponsor regularly visits Bosnia and Herzegovina every few months, the evidence before me does not demonstrate that she was actually visiting you specifically as stated.
Four photographs of you and your sponsor, three of which appear to be from facebook with an electronic date of Sept/Nov 2011 with the 4th photograph undated.
I acknowledge therefore that you have met and that this was established a number of years ago however they confirm your meeting a number of years ago and with no recent or ongoing photographs or more significantly communications over the last few years to verify that the nature of your relationship remains as it appears in these pictures.
Consequently, I am not satisfied that you have demonstrated that your relationship is as claimed or that you are seeking entry to the UK solely to enable your marriage to take place. I therefore refuse your application under paragraph EC-P.1.1 (d) of Appendix FM of the Immigration Rules. (E-ECP.2.8)
Eligibility Financial Requirement
You meet the eligibility financial requirement of paragraphs E-ECP.3.1. to 3.4.
Eligibility English Language Requirement
You meet the eligibility English language requirement of paragraphs E-ECP.4.1. to 4.2.
We have considered, under paragraphs GEN.3.1. and GEN.3.2. of Appendix FM as
applicable, whether there are exceptional circumstances in your case which could or would render refusal ‘a breach of Article 8 of the ECHR because it could or would result in unjustifiably harsh consequences for you or your family. In so doing we have taken into account, under paragraph GEN.3.3. of Appendix FM, the best interests of any relevant child as a primary consideration.
Perhaps, to know more about UK Visa and Immigration please refer: UK Priority Visa Service, UK Settlement Visa Processing Time, UK Tourist Visa Processing Time After Biometrics, UK Visa Delay Reasons, UK Visa Reapply or Appeal, UK Immigration Appeal Waiting Time and UK Visa Appeal Solicitors