Fiancé Visa

If you intend to relocate to the UK to begin a new life with your UK-based partner, you could be eligible for the UK Fiancé Visa. The Fiance Visa is designed to enable non-EEA nationals to enter the UK to join their UK-based partner, and to begin a new life here.

Fiancé Visa

DevelopingHome Office Revision of Minimum Income Requirement for Spouse, Partner and Family Visas

On the 4th of December 2023, the Home Secretary unveiled a series of significant measures aimed at reducing legal migration numbers to the UK by around 300,000. Such measures included an increase in the income threshold for Spouse and Partner Visas from £18,600 to £38,700 which were proposed to come into effect in Spring 2024. This threshold was later changed and reduced to £29,000. There will also no longer be a separate child element to the income requirement.

What does the new law mean for Families?

We are currently awaiting further details, which will be set out early next year. However we can confirm the following:

  • If you already have a Family Visa (i.e. a Spouse Visa, a Civil Partner Visa or an Unmarried Partner Visa) on the five-year partner route and you wish to apply to extend your stay or settle in the UK, your application will be assessed against the current £18,600 income requirement and you will not be required to meet the increased threshold of £29,000. This will also be the case for any children seeking to join or accompany you as their parent;
  • If you apply for a Family Visa (i.e. a Spouse Visa, a Civil Partner Visa or an Unmarried Partner Visa) on the five-year partner route before the minimum income threshold is raised from £18,600, your application will be assessed against the current £18,600 income requirement and you will not be required to meet the increased threshold of £29,000. This will also be the case for any children seeking to join or accompany you as their parent;
  • If you are granted a Fiance Visa before the minimum income threshold is raised from £18,600 to £29,000, then when you apply for a Family Visa on the five-year partner route, your application will also be assessed against the current income requirement of £18,600 and you will not be required to meet the increased threshold of £29,000;
  • If you do not already have a Family Visa on the five-year partner route and you wish to apply for a Family Visa on the five-year partner route after the minimum income requirement has been increased in Spring 2024, you will be subject to the new £29,000 minimum income requirement.
  • If you are already in the UK on a different route and you wish to apply to switch into the five-year partner route after the minimum income requirement has been increased in Spring 2024, you will be subject to the new minimum income requirement of £29,000.

Staged Increase: Will the Financial Requirement change in the Future?

Applicants should be aware that despite the current reduction in the minimum income requirement, the government have not abandoned their initial proposal of increasing the threshold to £38,700. The government has said that the increase in the minimum income threshold for a spouse or partner visa to £29,000 is part of a staged increase.

In Spring 2024 the partner and family visa minimum income requirement will increase from £18,600 to £29,000, but the plan is for this figure to eventually rise to £34,500 and then £38,700.

Fiancé Visas last for 6 months, and they are granted under the assumption that you will marry your partner within the validity period of the visa. The applicant's partner must be either a UK citizen or a person with settled status in the country.

You must apply for another immigration permission to remain in the UK after your Fiancé Visa expires. The simplest transition is to the Spouse Visa, which grants holders 30 months of residence in the UK. You can look for employment and study in the UK as a Spouse Visa holder, without any restrictions.

Who is eligible for a UK Fiancé Visa?

To be eligible for the Fiancé Visa, both you and your partner must meet certain conditions and requirements.

The main eligibility criteria are as follows:
  • Both you and your partner must be at least 18 years old
  • You must be planning to get married within the 6-month validity period of the Fiancé Visa
  • Your partner must be a UK citizen or a person with settled status
  • You must intend to live with your partner in the UK once you are married/in a civil partnership
  • You need to demonstrate that you have the means to financially support yourselves as a couple and won't become a financial burden on the state. You must have a combined income of at least £18,600 annually
  • You need to show that you have suitable accommodation to live in with your partner and your dependents

What are the income requirements for a Fiancé Visa?

In your Fiancé Visa UK application, you will need to provide evidence which demonstrates that you meet certain minimum financial thresholds.

You need to prove to the Home Office that as a couple you have enough money to support yourselves whilst you are in the UK as well as any dependents included in your application.

The British sponsor must earn at least £18,600 a year, before tax, if there are no dependent children. If you have one dependent child, you will need an income of £22,400 before tax to meet the financial requirement. For any other children, the sponsor will need an extra £2,400 for each subsequent child.

What are the Fees for a Fiancé Visa UK Application?

Currently, it costs £1,523 to apply for the Fiancé Visa from abroad and £1,048 to apply from inside the UK.

How Do I Switch to the Spouse Visa?

If you were initially granted a fiancé visa and you wish to stay in the UK, you must switch to a Spouse Visa before the expiry of your fiancé visa. Typically, the application is straight forward as it is an extension of the fiancé visa, however the Home Office considers every application on its individual merits and the correct supporting documents must be submitted to them.

One of the main benefits of the Fiancé Visa is that it offers a smooth transition to the highly sought-after Spouse Visa. You will need to go through the standard Spouse Visa application process. You can stay in the UK for 30 months under a Spouse Visa and you will be able to apply for a Spouse Visa extension when your original Spouse Visa expires, provided your circumstances haven't changed. The Spouse Visa extension also lasts for 30 months.

Why choose Westridge Legal?

We understand that every individual requires different care and are here to support you. Our highly experienced immigration lawyers will guide and support you every step of the way to ensure that the best outcome is achieved with minimal disruption to your life.

If you wish to speak about your options directly with our specialist staff, please contact us on 0121 724 0302 to book a consultation today.

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