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At Batley Law, we understand that family relationships are important and a fundamental part of life.  However, in recent years, the rules and requirements for family visa applications have become increasingly complex and challenging.

At Batley Law, our experts will help you to navigate those rules with simple, straight-forward and honest advice, so that you are reunited with your loved ones as soon as possible.

What is a UK Fiancé Visa?

A Fiancé Visa allows a person to come to the UK so that they can marry or enter into a civil partnership with their British partner.

If successful, an applicant is granted leave to enter and remain for six months, so that the marriage can take place.

Who can apply for a UK Fiancé Visa?

You can apply for a UK Fiancé Visa if you are:

  • Aged 18 years or over;
  • Have met with your proposed spouse/civil partner;
  • Intend to permanently live together with your spouse/partner after the marriage.

What is the Fiance Visa Relationship requirement?

You need to show that the relationship is genuine and subsisting.  There should be evidence to show that the couple have met in person and sufficient evidence to show that the relationship is genuine and has built over time.

This can be demonstrated by way of evidence such as photographs, evidence of contact between the couple etc.

We can advise you of the evidence that can be produced to help satisfy this requirement.

What is the Fiancé visa Financial Requirement?

You will need to prove that you and your partner have enough money to support yourselves without claiming public funds.

The ‘Sponsor’ (UK based partner) needs an income of at least £18,600 before tax if there are no dependent children. However, if you are bringing children to the UK, your partner must earn an additional £3,800 for the first child and an additional £2,400 for each child after this.

The income can be a combination of:

  • Wage from either employment or self-employment
  • Savings that meet the wage threshold (see our blog for more details);
  • Sick pay, maternity, paternity or adoption pay
  • Other income such rent payments or other investments
  • Pension income from the UK

The rules in relation to the evidence that must be provided in this regard are daunting and complex, and a visa may be refused if all required documents are not provided.  Our experts are able to provide you with simple and coherent advice to ensure that you are not caught out.

What if I cannot meet the Spouse visa financial requirements?

We often hear from clients that are unable to meet the financial requirements, for one reason or another.

If you find yourself in this situation, contact us and one of our visa experts will be in touch, who will enquire about your circumstances and advise whether you may be able to argue exceptional circumstances.

What is the Fiancé Visa Accommodation Requirement?

For this requirement, you must show that there is adequate accommodation for you to live in, on arrival in the UK.

If the Sponsor (UK based partner) owns the property that is to be used as accommodation, proof of ownership will be required.

If the Sponsor is renting, then a copy of the tenancy agreement will be required as proof.

If the Sponsor lives with a family member, proof of ownership of the family member along with a signed document providing permission to reside for the applicant and sponsor will be required.

In addition to the above, we would advise that a property inspection report is submitted as part of your application. If you require a property inspection, contact one of our team here, and we will be happy to arrange this for you.

For more information, see our blog post: Property Inspection Report.

Is there an English language requirement for a Fiancé Visa?

Yes there is.

As part of your application, you will need to demonstrate that you can speak English to the required standard. Currently, the rules require that you can speak English to Level A1 of the Common European Framework of Languages.

Your qualification will be valid only if your English exam is taken through an approved (SELT) Provider.

There are some, limited, exceptions, where you can be exempted from meeting the English language requirement, as follows:

You do not need an English Language test if you:

  • Are a national of a majority English speaking country
  • Are aged under 18 or over 65
  • Have a long-term physical or mental condition
  • Hold a degree or any educational establishment that was taught or researched in English.

What documents do I need for a Fiancé Visa Application?

An important part of the Fiancé visa process is the provision of documents to the Home Office to assess the application.

You will be required to submit documents as part of your visa application, to support your case.

If you are applying or planning to apply for a fiancé visa, and would like a copy of our documents list for a spouse visa, contact us and we will be happy to send this to you free of charge.

How long will my Fiancé Visa Application take?

The time can vary, and depends on a number of factors.

There are some factors within your control, such as ensuring that you comply with all of the stipulated requirements and provide all the necessary documents. In cases where there are missing documents, a decision may take longer. This is why it is important that you receive correct advice at the appropriate time for your case.

On average, decisions are made in around 6-12 weeks. You do have the option of paying an additional premium, to receive a decision within 2 weeks.

What happens if my Fiancé Visa application is rejected?

If you find that your Spouse visa application is rejected, you will have the right to appeal against this. It is best that you seek advice about the reasons for your refusal, so that you stand a good chance of being successful with your appeal.

We understand that a refusal of a fiancé visa can be disappointing and distressing. At Batley Law, we have a specialist team that can handle your appeal and help you through what can be a timely and complex process.

Contact us today, our experts are on-hand to discuss your case with you.

Can I switch from a fiancé visa to a spouse visa?

Yes. If you are granted entry to the UK on a fiancé visa, and you marry your partner within six months, you can then switch into the Spouse visa category.

You can make this application within the UK, and if successful, will then be granted leave to remain for 30 months (2.5 years).

Further information on our UK Spouse Visa category page.

How can Batley Law help with my Fiancé Visa Application?

To stand a better chance of success, it is important that you receive advice from an early stage.

We have extensive experience in fiancé visa applications. We are therefore in a good position to ensure that you avoid the common mistakes and pitfalls that lead to a refusal.

For every case, we will:

  • Advise you of the requirements that apply to your case;
  • Check all of your documents to ensure they comply with the requirements;
  • Complete the online application;
  • Arrange the visa appointment;
  • Draft a detailed letter of representations to go with your application.

If you would like our assistance with your spouse application, get in touch today.

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