Fiancé Visa UK Requirements Full Checklist for 2024

The Fiancé Visa, or “Prospective Marriage Visa” as it’s formally known, is a visa category for individuals planning to marry a British citizen or someone with settled status in the UK. Understanding the full requirements for obtaining a Fiance Visa UK in 2024 is critical for applicants to avoid delays, refusals, or unnecessary complications. This comprehensive checklist covers all the essential criteria for the visa application process.

1. Eligibility Criteria

To apply for a Fiancé Visa, both the applicant and the UK-based sponsor (fiancé) must meet specific criteria. These eligibility conditions ensure that the relationship is genuine and the applicant is prepared for a lawful stay in the UK.

1.1. Relationship Requirements

  • Intention to marry: The applicant must show a clear intention to marry their UK partner within 6 months of entering the UK on the Fiancé Visa. Evidence such as wedding venue bookings or plans must be provided.
  • Proof of relationship: Demonstrating that the relationship is genuine and ongoing is essential. The couple should provide various forms of evidence such as photos, travel records, communications (emails, messages), or joint financial documents to substantiate the authenticity of their relationship.
  • Meeting in person: The couple must have met in person at least once before the visa application. This requirement is in place to ensure that the relationship is genuine.

1.2. Sponsor’s Immigration Status

  • British citizen or settled person: The UK-based partner must be either a British citizen, hold indefinite leave to remain, or be permanently settled in the UK. EU, EEA, or Swiss nationals with settled status under the EU Settlement Scheme also qualify.
  • Refugees and those with humanitarian protection: In some cases, individuals with humanitarian protection or refugee status can sponsor a Fiancé Visa application.

2. Financial Requirements

To apply for a Fiancé Visa, the UK partner must meet specific financial requirements to demonstrate they can support the applicant without relying on public funds.

2.1. Minimum Income Threshold

The UK sponsor must show they earn at least £18,600 annually before tax. This threshold increases if there are dependent children involved in the application:

  • £22,400 for one child.
  • An additional £2,400 for each additional child.

2.2. Permissible Sources of Income

The income used to meet the financial requirement can come from various sources:

  • Employment earnings: The sponsor’s salary or wages from employment can be used.
  • Self-employment income: If the sponsor is self-employed, they need to provide documents showing their business’s financial health over the past financial year.
  • Savings: Cash savings over £16,000 can also be used to meet the financial requirement, but only savings held for at least six months before the application count.
  • Non-employment income: Rental income, dividends, and pension payments can also contribute to the income threshold.

2.3. Evidence of Financial Capacity

Applicants must provide extensive documentary evidence of the sponsor’s financial position, including:

  • Payslips (for employed sponsors).
  • Tax returns (for self-employed sponsors).
  • Bank statements for the past 6 months.
  • A letter from the sponsor’s employer confirming their employment.

3. English Language Requirement

As with many UK visas, applicants for the Fiancé Visa or Spouse visa UK must meet the English language requirement. The purpose is to ensure that applicants can communicate in English, which is essential for integrating into UK society.

3.1. Accepted Qualifications

  • Pass an English language test: Applicants must pass an approved English language test at the A1 level (speaking and listening) as set by the Common European Framework of Reference for Languages (CEFR).
  • Exemptions: Applicants from English-speaking countries such as the USA, Canada, Australia, and others are exempt. Those with a degree taught in English can also meet this requirement without further testing.

3.2. Evidence of English Proficiency

The applicant needs to provide:

  • A valid English language test certificate from an approved testing centre.
  • Documents proving their educational qualifications, if relying on a degree.

4. Accommodation Requirement

Applicants must prove that they will have adequate accommodation in the UK without overcrowding. The UK government requires evidence that the couple has a place to live together once the applicant enters the UK.

4.1. Evidence of Accommodation

The following documents can be submitted to demonstrate sufficient accommodation:

  • A tenancy agreement or mortgage statement showing the property where the couple will live.
  • A letter from a landlord or mortgage provider confirming the applicant can stay at the property.
  • A property inspection report proving the home is not overcrowded and is fit for living.

4.2. Additional Documentation

If the sponsor and applicant plan to live with family or friends, a letter from the homeowner must be provided, confirming that they have permission to stay.

5. Health and Character Requirements

Fiancé Visa applicants are also required to meet health and character requirements, ensuring they do not pose a threat to public safety or health in the UK.

5.1. Tuberculosis (TB) Test

Applicants from countries where tuberculosis is common are required to take a TB test from an approved clinic before applying. The UK government maintains a list of these countries, and results are typically valid for six months.

5.2. Criminal Record Check

Applicants must disclose any past criminal convictions or immigration violations. Failing to provide this information or hiding any relevant details can lead to refusal.

5.3. General Grounds for Refusal

Other reasons for refusal may include a history of previous immigration violations in the UK, links to criminal activity, or failure to meet the public good requirement.

6. Application Process

6.1. Filling Out the Application Form

The visa application is submitted online via the UK Visas and Immigration (UKVI) website. It’s important to carefully follow the instructions and provide accurate information.

6.2. Submitting Biometrics

Once the online application is submitted, applicants need to book an appointment to submit their biometric information (fingerprints and a photograph) at a visa application centre.

6.3. Processing Time

Processing times for the Fiancé Visa typically take around 12 weeks, though priority processing options can speed this up. It is crucial to apply well ahead of any planned travel to ensure timely approval.

7. Fees and Costs

The cost of the Fiancé Visa includes both the application fee and other associated costs.

7.1. Visa Application Fee

As of 2024, the Fiancé Visa application fee is £1,538. This fee is non-refundable, even if the application is refused.

7.2. Immigration Health Surcharge (IHS)

While Fiancé Visa applicants do not have to pay the Immigration Health Surcharge when applying, they will need to pay it when they switch to the Spouse Visa after getting married. This surcharge grants access to the UK’s National Health Service (NHS).

8. Post-Visa Requirements

8.1. Marriage Within Six Months

Upon entry to the UK on a Fiancé Visa, the applicant must marry their partner within six months. After the marriage, the applicant must switch to a Spouse Visa (Marriage Visa) to remain in the UK.

8.2. Switching to a Spouse Visa

Once married, the Fiancé Visa holder must apply to switch to a Spouse Visa, which grants longer-term residency. This visa will allow them to live and work in the UK for up to 30 months, after which they can apply for an extension.

8.3. Application for Indefinite Leave to Remain (ILR)

After completing five years on the Spouse Visa, the applicant may apply for indefinite leave to remain, provided they meet the continuous residency and other requirements.

Conclusion

Obtaining a Fiancé Visa in 2024 requires careful planning and thorough preparation. Meeting all the necessary requirements, from financial thresholds to providing evidence of a genuine relationship, is crucial. Applicants must ensure they understand the full application process and are prepared to provide the necessary documents to meet the eligibility criteria. Staying informed of any changes in immigration rules is also essential to avoid delays or rejections. For individuals seeking professional guidance through the application process, consulting with an experienced immigration lawyer in Glasgow or your local area can offer valuable support.

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