A fiance visa allows non-UK nationals to enter the UK to marry or enter into a civil partnership with a British citizen or a settled person. In this article, we look at how the intention to marry or enter a civil partnership can be demonstrated in order to obtain a successful outcome.
In order to qualify for permission to enter the UK on a fiance visa, there are a number of requirements applicants must meet, namely that:
- they are in a genuine and subsisting relationship with their British or settled partner;
- the applicant and their partner are both over the age of 18;
- they have met in person;
- the relationship is genuine and subsisting;
- they intend to live together in the UK permanently;
- they meet the English language requirement;
- they meet the financial and adequate accommodation requirements;
- they must meet the suitability criteria; and
- they intend to marry or enter a civil partnership within six months.
How can an applicant prove their intention to marry?
Showing an intention to marry or enter into a civil partnership will generally require applicants to provide evidence that plans and, where possible, preparations, are being made towards the wedding or civil partnership ceremony.
Such evidence can include:
- engagement photographs or other evidence that the couple are in a relationship with the intention to marry or enter into a civil partnership;
- communication with wedding venues and vendors such as caterers and photographers;
- evidence of invitations sent for the wedding or ceremony; and
- written confirmation from the person who will be officiating the wedding or ceremony, if possible, for example, a letter from a minister of religion or registrar.
In our experience, the Home Office are receptive to evidence of communication between the couple, along with receipts from wedding venues and vendors, and letters of support from family and friends.
Is it necessary to provide other relationship evidence?
As well as showing an intention to marry or enter into a civil partnership, it is also helpful for applicants to provide other evidence of their relationship with their partner. This evidence can include for example, evidence of communication during periods of separation and evidence of cohabitation, if applicable. Such evidence would strengthen the application as it shows that the relationship is genuine and subsisting, which is a key requirement for such applications.
There is no specified number of documents required to prove an intention to marry and that the relationship is genuine. Your solicitor would assist you by ensuring you have sufficient evidence for a strong application.
What are the conditions of stay?
If an application is successful, a fiance visa will be granted and valid for six months. The applicant must then enter the UK and marry or enter into a civil partnership within the six-month period granted. If for any reason the applicant and their partner are unable to marry or enter a civil partnership within the six-month period granted, the applicant may be able to apply for an extension of their permission. In order to do so, sufficient reason and evidence of why the couple could not marry or enter into a civil partnership during the time frame would need to be provided with the application.
It is important to note that the fiance visa is granted with no permission to work and no recourse to public funds. Time spent on the fiance visa also does not count towards the five-year qualifying residence period for settlement.
Once the applicant and their partner have married or entered into a civil partnership, an application for permission to stay as a partner can then be made from within the UK, and this can be made after the marriage or civil partnership has taken place.
The requirements for a spouse or civil partner visa are similar to those of a fiance visa above, with of course the added requirement to evidence the marriage or civil partnership.
How our Immigration Solicitors can help
If you require legal advice regarding this or any other aspect of immigration law, our immigration specialists are always happy to have an initial discussion with you, please contact us or complete our enquiry form below.
