UK Fiancé(e) and Proposed Civil Partner Visa Application Guidance and Requirements for Entry Clearance and Extension under Appendix FM

This guidance relates to UK fiancé(e) visa requirements under Appendix FM of the Immigration Rules. Accordingly, covers the details of UK fiancé(e) or proposed civil partner entry clearance, extension, dependant child, application fee, processing time, ILR (settlement) and refusal reasons.

1. Purpose 2. Requirements 3. Dependant Child 4. Guidance Notes 5. ILR (Settlement) 6. Refusal Reasons

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1. Purpose

UK Fiancé(e) Visa Guidance

The UK fiancé(e) visa is a temporary arrangement, with the purpose of getting married or entering a civil partnership. However, only a person with a settled status in the UK can sponsor a fiancé(e) or proposed civil partner. Therefore, unlike UK spouse visa, the duration of fiancé(e) visa is six (6) months. However, after the marriage or 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.

2. Requirements

UK Fiancé(e) Visa Requirements

To get a UK fiancé(e) or proposed civil partner visa, an applicant needs to meet all the following requirements:

  1. The sponsor and the applicant must intend to get married within a six-month period
  2. The applicant and the perspective civil partner must have met each other
  3. Both the individuals after marriage (or civil partnership) intend to live together on a permanent basis
  4. Both the applicant and the prospective spouse or partner must be at least 18 years of age
  5. The previous relationship has broken down permanently
  6. UK sponsor or fiancé(e) 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 dependant children
  7. The applicant or the UK sponsor can support without public funds
  8. There must be adequate accommodation in the place for the couple after marriage or civil partnership

For further details please refer to Paragraph ECP.2.1. to 4.2 of Appendix FM to the Immigration Rules.

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3. Dependant Child

UK Fiancé(e) Visa Requirements

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 granted under 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.

4. Guidance Notes

UK Fiancé(e) Visa Requirements

Application Fees and Processing Time

The application fee for the UK fiancé(e) or proposed civil partner under Appendix FM is £1,523, which is the same as that for a spouse visa. Moreover, the UK fiancé(e) visa processing time is usually within sixty working days or 12 weeks. And thirty working days with priority service.

Grant

If an applicant meets the requirements of paragraph D-ECP.1.1 or ECP.1.2 then gets a UK fiancé(e) 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.

No Work Permission

A person cannot work on a fiancé(e) visa. However, a person on a spouse visa can do work in the UK. Therefore, a person on a fiancé(e) visa cannot do work in the UK, until and unless they receive a decision of successful conversion of a fiancé(e) to spouse/partner visa in the UK. For further details please refer to in terms of paragraph D-ECP.1.1 of Appendix FM.

Re-entry

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 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 the entry clearance to regularise status as a spouse or civil partner.

Extension

If for some reason the marriage or civil partnership could not happen within the initial six months, then a fiancé(e) can apply for an extension of six months for leave to remain in the UK. Only if there is a good reason and evidence that the proposed marriage or civil partnership will take in the next six months. 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 prohibition on employment.

Covid-19 Exceptional Assurance

If a migrant is in the UK with 6 months’ leave as a fiancé, fiancée or proposed civil partner and the wedding or civil ceremony has been delayed due to coronavirus then may request additional time i.e. exceptional assurance, by email ([email protected]). However, the applicant needs to provide evidence of when the wedding or civil partnership ceremony will take place.

5. ILR (Settlement)

UK Fiancé(e) Visa Requirements

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 fiancé(e) 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).

6. Refusal Reasons

UK Fiancé(e) Visa Refusal Reasons

UK fiancé(e) visa refusal reasons are due to relationship, financial and language requirements. Accordingly, an applicant may usually get UK fiancé(e) visa if is able to meet the previously mentioned 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 fiancé(e)visa for exceptional circumstances.

In fact, most of the applicant doesn’t get the UK fiancé(e) visa due to their inability to establish a genuine relationship. Therefore, an applicant should only apply for a fiancé(e) visa if the genuine relationship exists. It is 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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