Fiancé(e)s and Proposed — How to Get a Visa

Summary

The purpose of the fiancé(e) or proposed civil partner visa is to allow a couple to come to the UK to get married or enter a civil partnership in the UK rather than abroad. They are granted six months' leave to enter during which time they are expected to marry.

Requirements

The requirements are as follows:

• both the applicant and the sponsor must be at least 21 years of age on the date on which leave to enter or remain would be granted.
  
  
• the parties to the proposed marriage or civil partnership have met;
  
  
• they intend to live together permanently as man and wife or civil partners after the marriage or civil partnership;
  
  
• they can maintain and accommodate themselves adequately without recourse to public funds (in accommodation which they own or occupy exclusively);
  
  
• they have valid prior entry clearance.
  
  

Employment is prohibited during the six month duration of the visa.

Benefits

A requirement of the category is to prove that the applicant can support themselves without recourse to public funds. Therefore, there is no entitlement to most welfare benefits.

Appeal

There is a right of appeal attached to the refusal of entry clearance.

Extension

If the couple have not married or entered a civil partnership during that period they must show 'good cause' why the marriage or civil partnership has not taken place and that it will take place at an early date and can then apply for a further six months' leave to remain as a fiancé/e or proposed civil partner.

Switching

Entry clearance is mandatory; therefore it is not possible to switch into this category as a prelude to a full spouse application.

After the marriage, the spouse can apply for an extension as a spouse and will commence the two-year probationary period.

Questions

Can my child join me?

The child of a fiance(e) or proposed civil partner, may be granted limited leave to enter the United Kingdom for a period not in excess of that granted to the fiance(e) or proposed civil partner, provided that a valid United Kingdom entry clearance for entry in this capacity is produced to the Immigration Officer on arrival. Where the period of limited leave granted to a fiancé(e) will expire in more than 6 months, a person seeking limited leave to enter as the child of the fiancé(e) or proposed civil partner should be granted leave for a period not exceeding six months.

What is meant by adequate maintenance?

Providing the level of maintenance is broadly equivalent to that of a person receiving income support and the associated benefits that normally accompany it (e.g. Housing benefit, council tax relief, free school meals) then that will be considered to be adequate for the purposes of the immigration rules.

Maintenance can usually be provided by a third party sponsor such as a relative. However, third party support is not permissible in child cases.

What is meant by adequate accommodation?

Accommodation must be adequate for the person coming to the UK other than in the student category. For people seeking entry on a long-term basis there are two main considerations:

1. the sponsor/applicant must 'own or exclusively occupy' the proposed accommodation in family cases. Accommodation can be shared with other members of a family provided that at least part of the accommodation is for the exclusive use of the sponsor and his dependants. This may be as small as a separate bedroom but must be owned or legally occupied by the sponsor.
   
   
2. the proposed accommodation must not be overcrowded once the applicant arrives. A room must have a floor area larger than 50 Sq. Ft. And normally used as a bedroom or living room. It relates number of rooms to number of persons, allowing for the fact that children aged between 1 and 10 years only count as half a person: 1 room = 2 persons, 2 rooms = 3 persons, 3 rooms = 5 persons, 4 rooms = 7.5 persons, and 5 rooms = 10 persons.

What is meant by Public Funds?

Under the Immigration Rules, if you want to travel to the UK you must be able to support yourself and live without claiming certain benefits.

Public funds are income-related benefits paid by the state. These include:

1. Housing - accommodation as a homeless person and accommodation from a local authority register;
   
   
2. Benefits - income support/Income-based Jobseeker's Allowance, Housing Benefit, Council Tax Benefit, Attendance Allowance, Severe Disablement Allowance, Carer's Allowance, Disability Living Allowance, State Pension Credit, Child Tax Credit and Working Tax Credit.

Social housing, education, health care and benefits paid as a result of contributions such as incapacity benefit or contributory job seekers' allowance are not considered to be public funds for the purposes of the Immigration Rules