UK Family Visas

Fiancé(e)/Proposed Civil Partner Visa

In the United Kingdom, fiancé(e)/proposed civil partner visas are available to those engaged to be married to British citizens or those permanently resident in the UK, provided the marriage takes place within six months. UK fiancé(e)/proposed civil partner visas allow non-EEA/EU nationals to travel to the UK to get married and to switch into the spouse visa category after nuptials are completed. Please note that this is distinct from short-term visit for marriage visas which require the holder to leave the UK after they are wed.

Obtaining a UK Fiancé(e)/Proposed Civil Partner Visa

It is worth considering whether to marry first then enter the UK, as this avoids the necessity of making a second application to remain in the UK as a spouse. Please also note that it may be difficult to transition into the spouse visa category.

Eligibility Requirements for UK Fiancé(e)/Proposed Civil Partner Visa

Before a foreign national and their intended can reunite and marry in the UK, there are certain requirements that must be met. In order to obtain a UK fiancé(e)/proposed civil partner visa, the couple must satisfy the UKBA’s entry clearance officer that certain circumstances exist. These include:

  • The Sponsor Must Be ‘Present and Settled’

That the sponsor (the partner resident in the UK) is entitled to live and work in the UK with no restrictions on their stay. This ordinarily means that they are a British citizen (either by birth, descent, or nationalisation) or that they are a permanent resident holding indefinite leave to remain. The sponsor must also be either permanently resident in the UK or, if overseas on a temporary basis, they must intend to return to the UK before or with their fiancé(e)/proposed civil partner.

  • Both Parties Must Be Free to Marry

The sponsor and the foreign fiancé(e)/proposed civil partner must be legally capable of marrying at the time of the fiancé(e)/proposed civil partner’s visa application. If one or both are still wed to another, they must be able to demonstrate that divorce proceedings (or an equivalent process to annul their previous marriage) are underway. Normally, the UKBA will reject a fiancé(e)/proposed civil partner visa application if they are not satisfied that both parties are going to able to wed within six months of the application.

  • Both Parties Must Be of the Legal Age to Marry

Both the sponsor and the fiancé(e)/proposed civil partner must be at least 18 at the time of the application. The entry clearance officer has discretion if the fiancé(e)/proposed civil partner/applicant is about to turn 18 years of age.

  • The Parties Are Required to Have Met

The couple must produce documentary evidence to establish that the UK-resident sponsor and their foreign fiancé(e)/proposed civil partner have met in person prior to making the application. Obviously, the best prospects of success in this regard exist for those couples who have spent significant time in each other’s company.

  • Wedding Arrangements

Obviously, the parties must seriously intend to wed. Again, the best prospects of success in a fiancé(e)/proposed civil partner visa application exist for those couples who are able to produce documentary evidence of their planned wedding. The marriage must take place in the United Kingdom.

  • The Parties Must Be in a ‘Bona Fide’ Relationship

The entry clearance officer must be satisfied that the couple are in a genuine relationship. The couple must be able to demonstrate that they are in a committed relationship and that they intend to continue this following their wedding.

  • The Applicant Must Be Able to Speak English

Applicants who are not citizens of a country which is predominantly English speaking must pass a mandatory English test before making their application for a fiancé(e)/proposed civil partner visa or for entry as a proposed civil partner or spouse visa. Applicants who have studied to degree level are normally exempt, provided certain criteria can be met.

  • Accommodation and Financial Arrangements Are in Place

The sponsor (the partner already in the UK) must be financially secure and be able to provide suitable accommodation in the UK for their partner. The sponsor must earn a minimum of £18,600 p/a, and have done so for the six months (12 months if self-employed) leading up to the date of the application. If children are involved, the threshold amounts are as follows:

  • £22,400 for One Child/Dependant
  • £24,800 for Two Dependants
  • £27,200 for Three Dependants
  • £2,400 More for Each Additional Child/Dependant

If the sponsor is not earning this amount in work, then they can rely on other sources of income or financial support such as savings and investments, provided these are sufficient to support the fiancé(e) without recourse to public funds. The UKBA may also consider the applicant’s personal wealth when making a determination.

Other Requirements

If a third country is involved (i.e. one which is not the applicant’s country of origin or the UK), then additional checks may be put in place. Some countries, including the Philippines, Thailand, India, Pakistan, Kenya, Uganda, and Ghana, impose mandatory medical tests for tuberculosis.

If the fiancé(e)/proposed civil partner is in another country temporarily, then proof of residence in that country may be required, such as a residence card, visa, or work permit. If these cannot be provided, then it may be necessary to return to their country of origin to begin the application process from there.

Spouse/Civil Partner Visa

UK Marriage/Civil Partner Visa

A spouse visa is required for anyone who wishes to become resident in the UK by virtue of their marriage to a British citizen or person legally resident in the UK. Permission to reside in the UK will be granted if certain criteria are met.

Those from non-EEA/EU countries should apply for a settlement visa to the British Consulate, Embassy, or High Commission in their place of permanent residence. If successful, applicants will be granted a multiple entry visa (or entry clearance) valid for two and a half years. There is an option to apply for further leave to remain before the end of this period.

If you are in the UK on a visa which is valid for more than six months, then you can apply for a spousal visa from within the UK. This is also the case for those in the UK on a fiancé(e)/proposed civil partner visa who have married their spouse and intend to reside permanently in the UK following their marriage.

A UK settlement visa or further leave to remain gives the spouse the right to reside and work in the UK for up to two and a half years. This is the first step to being granted indefinite leave to remain in the UK.

The requirements for being granted a UK settlement visa are:

  • Present and Settled

The sponsoring spouse must be a resident in the UK with no restrictions on their stay. This means, in practice, that they must either be a British citizen or be permanently resident in the UK (i.e. have indefinite leave to remain).

  • The Marriage Must Be Valid

The parties must be legally married. The marriage must be valid according to the law of the country where it took place and must be recognised under UK law. If a marriage certificate is in a foreign language, it must be translated into English.

  • The Parties Must Have Reached the Age of 18

Both parties must be 18, or be about to turn 18. If one or both parties are about to turn 18, then the UKBA is not bound to grant a visa, but they may do so on a discretionary  basis.

  • The Marriage Must Be Genuine

The parties must be able to demonstrate, to the satisfaction of the UKBA entry clearance officer, that the marriage is genuine and the relationship is ongoing. In short, the entry clearance officer must be satisfied that the marriage has been entered into genuinely and that it is not an attempt to subvert UK immigration law.

  • Finance and Accommodation

The sponsor must be capable of financially supporting their new foreign spouse and dependants without relying on public funds. The sponsor must also provide suitable accommodation for their spouse and dependants, and this must not be overcrowded.

The sponsor must earn a minimum of £18,600 p/a, and have done so for the six months (12 months if self-employed) leading up to the date of the application. If children are involved, the threshold amounts are greater.

  • Requirement to Speak English

Most visa applicants are required to speak English. To demonstrate this, they must pass a mandatory English language test in advance of their application. Only nationals of English-speaking countries and those who have been educated to degree level in English are exempt.

  • Other Requirements

If the application originates from a third country, then the applicant must provide proof of legal residence in that country. Otherwise, they may be asked to return to their country of origin to submit an application through the British Embassy, Consulate, or High Commission located there.

Adult Dependent Visa

You may apply for indefinite leave to remain in the United Kingdom if you are related to a person present and settled here under one of the following circumstances:

Parent Aged 18 or over

  • Grandparent
  • Brother or Sister over the Age of 18
  • Son or Daughter Aged 18 or over of a Person ("the Sponsor") Who Is in the UK

If you are the sponsor's parent or grandparent, you must not be in a subsisting relationship with a partner unless that partner is also the sponsor's parent or grandparent and is applying for entry clearance at the same time as you.

The Requirements for a Dependant Relative Visa

In order to qualify under this category, you must meet the following requirements. The sponsor must, at the date of the application, be aged 18 years or over and be one of the following:

  • A British Citizen in the UK
  • Present and Settled in the UK
  • In the UK with Refugee Leave or Humanitarian Protection

Alternatively, if you or your partner, as a result of age, illness, or disability, require long-term personal care to perform everyday tasks you may be eligible. Also, the  care you need must not be available in the country where you are living, either because it is not available and there is no person in the country where you are living who can reasonably provide it or it is not  affordable.

Your sponsor can show that he or she is able to provide adequate maintenance, accommodation, and care for you without having to rely on public funds. Your sponsor will need to sign a sponsorship undertaking form to confirm that they will be responsible for your care without relying on public funds for a period of at least five years.

The Benefits of Securing a Dependent Relative Visa

Child Visa

It is important that you have your loved ones with you, especially if they are dependent on you for support. We can help you bring your child or dependent relative to the UK. Our expert immigration advisor is understanding of the anxiety and stress these situations can bring. They will give you professional advice and guidance throughout the legal process so that you may be able to have your loved ones with you in the UK.

Bringing Your Child or Dependent Relative to the UK

There are three ways in which your child may be able to live in the UK with you. If their application is successful, they will be granted indefinite leave to remain in the United Kingdom.

1) If You or a Relative Are Settled in the UK

(a) The Child Is Not Already in the UK

If you, the child’s other parent, or both of you have been granted indefinite leave to remain, or are British citizens, indefinite leave may also be granted to your child if they are under the age of 18. A child may also be granted indefinite leave if both parents are being admitted for settlement.

If only one of the child’s parents has indefinite leave to remain, the other must be under one of the following circumstances:

  • Applying to Come to the UK
  • Has Sole Responsibility for the Upbringing of the Child
  • Is No Longer Alive

Do You Qualify as a Dependent Relative?

In all cases, the dependent relative will have to show that, as a result of a disability, illness, or age, he or she needs long-term personal care in order to perform everyday tasks, for example: cooking, ironing, washing, and dressing. This need must have occurred recently, for example, as the result of deterioration or an accident. The care that the dependent relative requires must not be available to them in their home country; because they cannot afford it or because it is simply not available.

In order to qualify, it will need to be demonstrated that your dependent relative can be sufficiently cared for, accommodated, and maintained while in the UK. Public funds cannot be relied on. If their application is successful, your dependent relative will be granted limited leave to enter. The duration will last as long as your limited leave, or the limited leave of their other UK relative with leave to remain.

Committed to You

Should you need an in-depth consultation, they are charged at £70 for 60 minutes. Our team is dedicated to your successful UK visa application, and we make this commitment to all of our clients:

  • Our Initial Free Visa Assessment Means We Select the Right Visa for You
  • Our Team Will Guide You through the Evidence and Paperwork Needed for Your Application
  • We Will Fully Complete Your Application Form and Collate All Necessary Documentation
  • We Will Submit Your Application, Documentation, and Evidence on Time and on Your Behalf
  • We Will Liaise with the Home Office Regularly to Check That Your Application Is Progressing
  • We Make Our Team Available to You 24 Hours a Day, Seven Days a Week

Benefits of Choosing Visas & Immigration (UK) Consultants Ltd

  • Same-Day Visa Services Ensuring Your Passport Is Endorsed within 24 Hours
  • Fixed Fees So You Stay in Control
  • Direct Access to a Qualified Advisor with in-Depth Experience
  • Specialist Advisor Who Can Get the Application Right the First Time
  • Consultation with a Specialist Advisor to Assess Your Eligibility and Avoid Disappointment and Wasted Fees 
  • Wealth of Experience and Knowledge as to the Best Way Forward for You and Your Family

Contact our immigration advisor now, in Oldham/Manchester for more information about UK family visas.

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