This content provides an overview of the UK Fiance Visa (also applicable to Proposed Civil Partner visas), detailing the essential requirements for applicants seeking to join their partners in the UK.
Mind Map
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Hello and welcome. I'm Melanie Wong, a
UK immigration lawyer with over 20 years
experience in UK immigration law. I
created this channel to provide
educational information involving UK
immigration law. The information
contained in my videos is for
educational purposes only and is not a
substitute for legal advice. If you have
a specific UK immigration matter or have
questions that you would like to
discuss, please seek legal advice from a
UK immigration lawyer such as myself.
For information on how to book a
consultation with me, you can find the
link to do so in the description below.
Please also note that we do not provide
free legal advice. I will be posting
videos regularly, so please subscribe to
my channel and make sure you enable your
notifications also, so you know when I
post a new video. Over the next few
weeks, I will be doing a video series
focusing on the topic regarding the UK
fiance visa or proposed civil partner
visa. So, if you or anyone you know
would be interested in this topic,
please don't forget to like and
subscribe to my channel and also share
my videos to your friends and family. I
have also put together a free guide on
the fiance visa which you can download
completely free by clicking the link in
the description below. In today's video,
I will be answering the question, what
are the requirements for a fiance visa?
Before I answer that question, I'd like
to firstly point out that most people
know it or refer to it as the fiance
visa, but this can also include those
who are applying to become civil
partners in the UK, i.e. proposed civil
partners. So to keep things simple, I
will refer to it as the fiance visa, but
everything also applies to the proposed
civil partner visa.
So the requirements for the fiance visa
are found in appendix FM of the
immigration rules. Appendix FM set out
the rules and requirements relevant to
those who are applying as a partner in
order to join their partners in the UK
permanently or on a long-term basis.
One of the requirements for the fiance
visa is that the foreigner is a
non-British citizen who is applying from
outside the UK.
The applicant must not already have
settled status or indefinite leave to
remain or indefinite leave to enter
status or they must not already have the
right of abode in the UK. Their partner
must be a British citizen or an EU
citizen with a presettled or settled
status in the UK or a foreign national
with settled status or a refugee status
or humanitarian protection status in the
UK. If their partner is not any of
these, then they cannot apply for a UK
fiance visa. Another requirement is the
suitability test requirement which
pertains to the applicant's character
and immigration history in the UK and
elsewhere. It's important to note that
if the suitability test requirement is
not met, but the other requirements for
the fiance visa are met, then
unfortunately the application has a high
chance of being refused.
If you are worried about this
requirement, for instance, because the
applicant had a previously bad
immigration history in the UK, then you
must seek legal advice before starting
your application.
Doing so may just save you time, stress,
and money in the long run.
Aside from the suitability test requirement,
requirement,
the other requirements are the
eligibility requirements and these
include the English language test
requirement, the relationship test
requirement, the financial requirement,
the accommodation requirement, and the
tuberculosis test or TB test
requirement. All of these requirements
must be met in order for the application
to be successful.
The main way to prove that the
requirements have been met are through
the supporting documents that the
applicant and their partner must submit
with their application.
The supporting documentation must
therefore be relevant to the application
and the applicant and their partner's
circumstances and they must also be
specific documents i.e. They must comply
with appendix FME in bracket specific
evidence of the immigration rules. In
the next few weeks, I will be delving
into each of the requirements in more
detail. So, please subscribe to my
channel and push the notification button
to be notified of my upcoming videos.
For now, I will talk about each of these
requirements in general.
For the English language requirement,
there are exceptions which include those
who are aged below 18 years old or aged
65 and over and who are not required to
meet this requirement and also those who
are citizens of countries where most of
the citizens speak English.
The home office has a list of these countries.
countries.
For the TB test requirement, the home
office has also issued a list of
countries whose citizens or residents
are required to obtain a TB test
certificate from a home office approved
clinic or hospital before they apply for
their fiance visa.
For the relationship test requirement,
the main factor here is that the couple
must have met in person before the
application is submitted.
Photographic evidence of this must be
submitted as well as flight itineraries
to prove when the couple saw each other
in person. For the accommodation
requirement, it is the sponsor who is
required to meet this. The sponsor must
show that they will have adequate
accommodation in the UK for themselves
and the applicant.
Adequate means that there will be
sufficient or enough rooms for all
occupants in the property without the
risk of overcrowding.
What this means for the sponsors and
applicants who currently live outside
the UK and who are relocating to the UK
is that they must have an accommodation
in the UK that would be readily
available for them before the
application is submitted.
Next is a big one which is the financial
requirement. So for the financial
requirement, usually it is the sponsor
who is required to meet this
particularly if they wish to rely on the
sponsor's employment income in order to
meet this requirement. There is a
minimum income threshold for the
financial requirement and this is
currently 18,600
gross peranom.
What this means is that if the couple
are relying on the sponsor's employment
income, then the sponsor must show that
they are earning at least 18,600 gross
peranom from their job. In December
2023, it was announced that the minimum
income threshold will be increased from
18,600 gross peranom to 38,700
gross peranom.
It was then further announced that this
will be done in stages.
The first stage will come into force in
the spring of 2024.
The minimum income will be increased
initially from £18,600 gross peranom to £29,000
£29,000
gross peranom in spring 2024.
In early 2025, the minimum income will
increase to 38,700
gross peranom.
What this means is that if the couple
are relying on the sponsor's employment
income to meet the financial threshold,
the sponsor must show that they are
earning at least 18,600
gross peranom from their current job. If
they are applying before spring 2024,
if they are applying when the first
stage takes place, then they are
required to meet the minimum income of £29,000
£29,000
gross peranom. Or if they are applying
in early 2025, then they are required to
meet the minimum income of 38,700
gross perom. If you like this video,
please hit the like button and subscribe
to my channel. If you'd also like to
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immigration law and my law firm
services, please subscribe to our
newsletter. The information for this is
in the description below. Also, I have
put together a free guide on the fiance
visa which you can download completely
free by clicking the link in the
description below. Thank you for watching.
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