The title really explains the number of questions we get asked on this route and sometimes, clients are not aware of this visa route. I hope you would find this article useful given that Brexit has come into force from 1st Jan 2021.
What is a fiancé visa?
The UK fiancé visa route allows you to bring your fiancé to the UK. This visa route is only intending to travel and marry in the UK. The fiancé visa should not be confused with other visa categories. Most clients are confused with the fiancé visa and the marriage visitors visa. There are a number of distinctions between those visas.
How soon do we need to be married in the UK once the fiancé visa is granted?
The visa is granted by the UK Home Office for a period of 6 months. This would allow you enough time to get married legally in the UK and whilst you may not be able to hold a large reception at this stage, this should not prevent the legal marriage to happen. Post Brexit on 1st January 2021, there have been changes to the rights of leave to enter or remain for EEA nationals. Those who have been in the UK prior to 31st Dec 2020, may be allowed to apply under EEA Settlement Scheme but those who have entered the UK post 1st January 2021, will need a visa to be legally allowed to be in the UK.
What impact did the fiancé visa category have had since 1st Jan 2021?
The visa category has changed in its requirements however the main aspect of the visa does not have any changes. EEA nationals will need to apply for a visa if they wish to be married to a person settled in the UK. Appendix FM of the Immigration Rules which governs the visa requirements has included the further definition of who can be referred to as a person who is settled and can be sponsored under the visa category.
What are the requirements of the fiancé visa?
The fiancé visa like all settlement-based applications requires that a valid application is lodged. The evidence is the main aspect of the visa application.
Both you and your partner must be in a genuine relationship, & you must provide evidence to support the visa application. Both you & your partner must be over 18 years to make an application.
The Sponsor must meet the financial requirements and must also demonstrate that the Applicant will have adequate accommodation in the UK.
The visa once granted, is issued for a period of 6 months. These visas do not attract the immigration health surcharge.
How to apply for a fiancé visa?
Where you are now ready to apply for the visa, you need to have in hand all the information and evidence. The application requires you to provide various information and will ask important questions which determine the application itself. Once the application is completed, check the information before you submit the application. You cannot change the details and becomes an integral part of the visa decision. If you make a mistake, then you may need to start again.
The visa application will require clicking submit, which then transfers the application into the case working unit. The visa fees are required to be paid and then become a valid application. The next process is how you will submit the evidence, and attend the biometric appointment. Once this is done, the application becomes valid and then a decision can be made. Sometimes Clients fail to complete the final submission and the application is then rejected. The evidence is paramount to the visa decision.
If the fiancé visa is refused, can I appeal the decision?
A right to appeal is generated if the fiancé visa application is refused. The refusal letter from the Home Office will set out the reasons for the refusal and will explain what you can do. You are given 28 days to appeal against the decision.
The most common grounds of refusals are based on the relationship, and some of those can relate to the evidence. The grounds of refusal and also the assessment of your case will determine whether you can appeal the decision. There may be alternatives to this. Take legal advice and you can email us the notice of the decision to info@icslegal.com or call us on 0207 237 3388.
What happens after the fiancé visa comes to an end following 6 months?
Prior to the visa is to expire, you would need to apply for your extension of leave to remain under the long-term visa category. You will need to apply for the visa and ensure the evidence as well as the information must be enclosed. The visa is granted for a period of 60 months.
