British citizens or those who are settled in the UK may wish to be joined by their fiancé or proposed civil partner in order to marry or enter into a civil partnership in the UK.
Fiancé(e)s and Proposed Civil Partners: Main requirements
In order to enter the UK as a fiancé or proposed civil partner, an applicant must be able to demonstrate that:
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Their partner is a British citizen or settled in the UK;
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They intend to marry or enter into a civil partnership within 6 months of arriving in the UK;
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They are in a genuine and subsisting relationship and are both free to marry;
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They meet the financial requirement; and
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Any previous relationships have broken down permanently;
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You will be adequately maintained in the UK without recourse to public funds;
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There is adequate accommodation for you and any dependents;
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You speak and understand English to the required level.
Requirement to have met in person
You and your spouse must have met in person. The requirement to have ‘met’ means that you must be able to demonstrate a face-to-face meeting which resulted in the making of a mutual acquaintance. Simply coming face-to-face followed by telephone or written contact would not satisfy the requirements for a UK Spouse Visa.
Genuine and Subsisting Relationship Requirement
To qualify for a spouse visa you will need to provide the Home Office with evidence that your relationship with your partner is a genuine and subsisting relationship. Factors they may consider that demonstrates the genuineness of your relationship may include the following considerations:
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You and your spouse are in a long-term relationship;
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You and your spouse have been or are now living together;
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you and your spouse have children together (biological, adopted or step-children) and shared responsibility for them;
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You and your spouse share financial responsibilities;
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You and your spouse have visited the other’s home country and family;
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You and your spouse have declared an intention to live together. in the UK.
Financial requirement for a UK Spouse visa
In order to demonstrate that you can be adequately maintained in the UK without recourse to public funds, you will need to satisfy a financial requirement.
The financial requirement for a UK Spouse visa application states that you will need to demonstrate that your Spouse (or both of you jointly if you are in the UK with valid leave to remain) has a gross annual income of at least £29,000.
Those in receipt of state benefits will still be eligible to be considered and they can demonstrate that they will be able to show the sponsored family member will be adequately maintained and accommodated.
You can meet the UK Spouse visa financial requirement through salaried and non-salaried income, self-employed income, salary and/or dividends from a company of which you are a Director, property rental income, dividends and income from investments, stocks, shares, bonds or trust funds, pension income, insurance payments, maintenance payments and cash savings above £16,000 that have been held for at least six months, unless you can demonstrate that they have come from the sale of property or investments within the last 6 months.
In some circumstances it is possible to rely on a combination of the above sources of income to satisfy the financial requirement.
Intention to Marry or Register a Civil Partnership in the UK Within 6 Months
You must be seeking entry to the UK to enable your marriage to take place in the United Kingdom. And, because Fiance Visas are valid for a period of 6 months, you will need to satisfy the Home Office that you intend to get married within 6 months of your arrival in the UK. The Home Office will generally expect to see some evidence of wedding planning and / or arrangements for your wedding day.
English Language Requirement
You will need to satisfy the Home Office that you satisfy an English language requirement.
When applying for entry clearance or to switch into the Spouse Visa route you will need to demonstrate competence in the English language to at least CEFR level A1. When you apply for further leave to remain as a spouse you will need to demonstrate competence in the English language to at least CEFR level A2. You can meet the requirement by:
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Holding the nationality of a majority English speaking country;
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Passing an approved English language test at or above the required CEFR level, with an approved provider as set out on Approved Secure English Language Tests and Test Centres; or
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Having an academic qualification which is either a Bachelor’s or Master’s degree or PhD if awarded in the UK; or, if awarded outside the UK, is deemed by Ecctis (formerly UK NARIC) to meet or exceed the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, and Ecctis has confirmed that the degree was taught or researched in English at or above the required CEFR level.
You may be exempt from meeting the English language requirement if:
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You are over the age of 65 at the date of application;
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You have a physical or mental disability which prevents you from meeting the English language requirement;
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There are exceptional circumstances which mean that you cannot satisfy the English language requirement before entering the UK.
Visa duration
Applicants can apply to come to the UK for an initial period of six months. Once their marriage or civil partnership has taken place they will then be able to apply to switch into the spouse and civil partner category from within the UK.
If the applicant has not married or entered into a civil partnership within six months of entry, they are able to apply to extend their leave for a further six months providing that there is a good reason as to why the ceremony has not taken place and they can provide evidence that the ceremony will take place within the next six months.
During their stay in the UK as a fiancé or proposed civil partner, an applicant will be unable to work. However, once the applicant has switched to the spouse and civil partnership category, they will have the right to work one the application has been approved by the Home Office