Wildings solicitors have assisted many people in making an application for their fiancés to travel to the UK to assist join them. Unlike other partner visas there is no requirement that the applicant and the UK sponsor have lived together before applying. Fiancée visas are issued for a period of six months for the purpose of travelling to the UK to get married. Employment is prohibited.
Once the marriage has taken place in the UK, the applicant is expected to apply to stay in the UK beyond the 6 month period and at which point, if successful a 2.5 year spouse visa may be issued. Once a spouse visa is issued the applicant can work, but cannot rely on public funds. At the end of the 2.5 years the applicant can apply to extend their stay for a further 2.5 years. After 5 years residence the applicant will be eligible for a permanent visa known as (ILR) as long as they meet the requirements in force at the time.
In this blog we will discuss the requirements and what documents a person wishing to call their fiancé over is likely to require.
The couple should both be over the age of 18 and must have met each other. The couple must intend to live together on a permanent basis once they married and any previous relationship that the applicant or partner were involved in must have ended. The couple must have enough funds to support themselves and any dependants without claiming public funds. The UK sponsor must be earning a minimum of £18,600 per annum or have savings to be able to sponsor the applicant. The level of this financial requirement increases if any dependants are also being sponsored. The UK sponsor must have suitable accommodation available for the applicant and any dependants once they arrive in the UK. The applicant will also need to provide evidence that they can speak and understand a basic level of English. Unless they are exempt or from a majority English speaking country such as Jamaica they will normally need to provide evidence of having completed a secure English language test at Level A1 in Speaking and Listening from a test provider approved by the Home Office.
**In our experience the Home Office will expect to see evidence of the following as a minimum:
• Documentary evidence of any arrangements that have been made for the marriage to take place in the UK when the applicant arrives in the UK, this can include thing like:
a) Evidence of any enquiries made with the Register Office or a religious establishment such as a church to enable the marriage to take place, will be required. This can be letters or email, please note any verbal or face to face conversations that the UK sponsor may have had with the institutions will not suffice as written evidence is required.
b) Evidence if a venue has been booked for the wedding or evidence of any enquiries you have made
c) Booking of a DJ or entertainment for the wedding
d) Booking of catering
e) Booking of Photography
f) Any other evidence of arrangements for the wedding you may have made.
• 6 months wage slips for the UK sponsor (wages should ideally be at least the £18,600 gross minimum which is about £360 per week gross) this is because that is the level of income that will be required to extend the fiancé visa after 6 months when the marriage has taken place.
• 6 months original bank statements which mirror the wages going into the bank
• Evidence of regular communication between the applicant and the UK sponsor, for example:
a) Telephone bills,
b) Telephone calling cards,
c) Letters sent and any letters received along with the original envelope showing postage stamps
d) Greetings cards exchanged between the couple etc. along with original envelope showing postage stamps
e) Any conversations / contact on social media and mobile apps such as Watsapp / Skype / Tango etc.
f) Evidence of any trips where face to face contact has taken place e.g. flight tickets. Passport stamps etc.
• Photographs of the applicant and the UK Sponsor together e.g. in the applicants home country or in the UK if they have already visited.
• Evidence of any money transfers made by the UK sponsor, for example, receipts from Money Gram, Western Union, Jamaica National etc.
• Evidence of the UK sponsors accommodation (if owned then items such as title deeds, annual mortgage statements, letters from mortgage provider etc.) if rented accommodation then evidence such as a tenancy agreement, letter from landlord, rent book, rent receipts etc.
• An independent accommodation report confirming property will not become overcrowded with addition of proposed occupant(s).
• Recent utility bills and proof of address for the UK Sponsor at their current address.
• It is also wise to check for any local requirements that may be applicable to the country where the applicant is based e.g. there may be different requirements for an applicant in Pakistan as opposed to Jamaica, for example TB test requirements.
The purpose of this blog is to provide a brief insight into the type of considerations that apply when making a fiancé application. The Wildings Immigration Department have assisted many clients over the years and if you need advice or assistance with any of the issues mentioned in this article (or any other immigration matter), please do not hesitate to contact us and we will be happy to speak to you.
Source: Immigration Department