Requirements for Leave to Enter, Extension of Stay as Fiance(e)

Details of Paragraphs 289AA to 295 of the Immigration Rules Part 8: Family Members  Home Office, UK Government. Published on 29 February 2016 Updated on 02 May 2017

Fiance(e) or Proposed Civil Partners- Visa Requirements, Refusal

UK Visa Blog Immigration, Settlement, Refusal, Appeal Solicitors

The Paragraphs 289AA, 290, 291, 292, 293, 294 and 295, of the Immigration Rules Part 8: Family Members, explains the details of Min Age of the Applicants, Requirements for Leave to Enter, Grant of Leave to Enter, Refusal of Leave to EnterRequirements for an Extension of Stay, Grant of Extension of Stay, Refusal of Extension as a Fiance(e) or Proposed Civil Partner with a View to Marriage or Civil Partnership and Permanent Settlement in the UK.

Applicants under 18 Not Permitted for Fiance(e) Visa

According to Paragraph 289AA, if either applicant or sponsor is under 18 years of age then Entry Clearance is not permitted under the Immigration Rules. Therefore, both the applicant and sponsor need to be above 18 years of age for a fiance(e) or proposed civil partner application under the Immigration Rules.

289AA. Nothing in these Rules shall be construed as permitting a person to be granted entry clearance, leave to enter or variation of leave as a fiance(e) or proposed civil partner if either the applicant or the sponsor will be aged under 18 on the date of arrival of the applicant in the United Kingdom or (as the case may be) on the date on which the leave to enter or variation of leave would be granted.

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Requirements for Leave to Enter the UK as a Fiance(e)

Paragraph 290 of the Immigration Rules Part 8: Family Members explains the details of the requirements for Leave to Enter the UK as a Fiance(e) or Proposed Civil Partner with a view to Marriage or Civil Partnership and Permanent Settlement in the UK.

Requirements for Leave to Enter the United Kingdom as a Fiance(e) or Proposed Civil Partner (i.e. with a View to Marriage or Civil Partnership and Permanent Settlement in the United Kingdom)

290. The requirements to be met by a person seeking leave to enter the United Kingdom as a fiance(e) or proposed civil partner are that:

(i) the applicant is seeking leave to enter the United Kingdom for marriage or civil partnership to a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; and

(ii) the parties to the proposed marriage or civil partnership have met; and

(iii) each of the parties intends to live permanently with the other as his or her spouse or civil partner after the marriage or civil partnership ; and

(iv) adequate maintenance and accommodation without recourse to public funds will be available for the applicant until the date of the marriage or civil partnership; and

(v) there will, after the marriage or civil partnership, be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and

(vi) the parties will be able after the marriage or civil partnership to maintain themselves and any dependants adequately without recourse to public funds; and

(vii)(a) the applicant provides an original English language test certificate in speaking and listening from an English language test provider approved by the Secretary of State for these purposes, which clearly shows the applicant’s name and the qualification obtained (which must meet or exceed level A1 of the Common European Framework of Reference) unless:

(i) the applicant is aged 65 or over at the time he makes his application; or

(ii) the applicant has a physical or mental condition that would prevent him from meeting the requirement; or;

(iii) there are exceptional compassionate circumstances that would prevent the applicant from meeting the requirement; or

(vii)(b) the applicant is a national of one of the following countries: Antigua and Barbuda; Australia; the Bahamas; Barbados; Belize; Canada; Dominica; Grenada; Guyana; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; United States of America; or

(vii)(c) the applicant has obtained an academic qualification, which is deemed by UK NARIC to meet the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, from an educational establishment in one of the following countries: Antigua and Barbuda; Australia; The Bahamas; Barbados; Belize; Dominica; Grenada; Guyana; Ireland; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and The Grenadines; Trinidad and Tobago; the UK; the USA; and provides the specified documents; or

(vii)(d) the applicant has obtained an academic qualification which is deemed by UK NARIC to meet the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, and

  1. provides the specified evidence to show he has the qualification, and
  2. UK NARIC has confirmed that the qualification was taught or researched in English, or

(vii)(e) has obtained an academic qualification which is deemed by UK NARIC to meet the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, and provides the specified evidence to show:

  1. he has the qualification, and
  2. that the qualification was taught or researched in English. and

(viii) the applicant holds a valid United Kingdom entry clearance for entry in this capacity.

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Leave to Enter as a Fiance(e) or Proposed Civil Partner

According to Paragraph 291 of the Immigration Rules Part 8: Family Members, a leave to enter can be granted up to six (6) months to a fiance(e) or proposed civil partner so as to enable marriage or civil partnership to take place. However, the fiance(e) or proposed civil partner is not allowed to seek employment and do work in the UK.

Leave to Enter as a Fiance(e) or Proposed Civil Partner

291. A person seeking leave to enter the United Kingdom as a fiance(e) or proposed civil partner may be admitted, with a prohibition on employment, for a period not exceeding 6 months to enable the marriage or civil partnership to take place provided a valid United Kingdom entry clearance for entry in this capacity is produced to the Immigration Officer on arrival.

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Refusal of Leave to Enter as a Fiance(e), Proposed Civil Partner

If fiance(e) or proposed civil partner fails to produce a valid entry clearance to the UK on arrival then the leave to enter will be refused.

Refusal of Leave to Enter as a Fiance(e) or Proposed Civil Partner

292. Leave to enter the United Kingdom as a fiance(e) or proposed civil partner is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival.

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Requirements for an Extension of Stay as a Fiance(e)

Paragraph 293 of the Immigration Rules Part 8: Family Members explains the details of the requirements for an Extension of Stay as a Fiance(e) or Proposed Civil Partner.  The applicant need show good cause as to why the marriage or civil partnership did not take place within the initial period. Moreover, the applicant needs to furnish satisfactory evidence that the marriage or civil partnership will take place at an early date.

Requirements for an Extension of Stay as a Fiance(e) or Proposed Civil Partner

293. The requirements for an extension of stay as a fiance(e) or proposed civil partner are that:

(i) the applicant was admitted to the United Kingdom with a valid United Kingdom entry clearance as a fiance(e) or proposed civil partner; and

(ii) good cause is shown why the marriage or civil partnership did not take place within the initial period of leave granted under paragraph 291; and

(iii) there is satisfactory evidence that the marriage or civil partnership will take place at an early date; and

(iv) the requirements of paragraph 290 (ii)-(vii) are met.

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Extension of Stay as a Fiance(e) or Proposed Civil Partner

According to Paragraph 294 of the Immigration Rules Part 8: Family Members, if an applicant satisfies the requirements stipulated in Paragraph 293 of the Immigration Rules then an Extension of Stay as a Fiance(e) or Proposed Civil Partner will be granted. However, the applicant will be prohibited to take employed in the UK.

Extension of Stay as a Fiance(e) or Proposed Civil Partner

294. An extension of stay as a fiance(e) or proposed civil partner may be granted for an appropriate period with a prohibition on employment to enable the marriage or civil partnership to take place provided the Secretary of State is satisfied that each of the requirements of paragraph 293 is met.

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Refusal of Extension of Stay as Fiance(e), Proposed Civil Partner

According to Paragraph 285 of the Immigration Rules Part 8: Family Members, if an applicant fails to satisfy the Secretary of State regarding fulfilment of the requirements stipulated in Paragraph 293 of the Immigration Rules then the application for an Extension of Stay as a Fiance(e) or Proposed Civil Partner will be refused.

Refusal of Extension of Stay as a Fiance(e) or Proposed Civil Partner

295. An extension of stay is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 293 is met.

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Related:  UK Spouse Settlement Visa- Requirements for Leave to Enter

via Immigration Rules part 8: family members – Immigration Rules – Guidance – GOV.UK