This relates to fiancé(e) or proposed civil partner visa requirements in the light of Appendix FM to the Immigration Rules. Apparently, 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. Certainly, a person granted entry clearance or leave to enter or remain as a fiancé or fiancée or proposed civil partner can apply for further leave to remain as a partner once their marriage or civil partnership has taken place. Accordingly, the post highlights of the fiancé(e) or proposed civil partner visa. And 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?
UK Fiancé Visa Entry Clearance and Extension
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. Accordingly, fiancé or proposed civil partner issues for six months for marriage/civil partnership in the UK.
UK Fiancé or Proposed Civil Partner Visa Requirements
The 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
Grant of the fiancé visa
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.
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.
Extension of Fiancé Visa inside 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.
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. Accordingly, 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.
Fiancé(e) visa extension statistics 2008-17
Can a person work on a fiancé visa in the 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 one re-enter the UK on a 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.
Visa for Child of Fiancé or Proposed Civil Partner
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.
Extension of Visa for Child of Fiancé
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.
Dependant Child: Fiancé(e) visa extension statistics 2008-17
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.
Sample Refusal Letter: UK Fiancé Visa
“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.”
Settlement on 10 or 5-year route after marriage on UK fiancé visa
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.
Does fiancé 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).
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