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Spouse, Fiancé and Partner Visas - A Valentine's Update

A 2024 Valentine's Day update on recent changes to immigration laws surrounding spouse, fiancé and partner visas to help bring a partner to the UK.

Nikita Swift

2 min read

Introduction

Following recent financial requirement changes for family visas due to take effect from 01 April 2024, many individuals are seeking to apply to bring their partners to the UK ahead of this date. There are several types of applications that can be made to bring a partner to the UK, and it can be difficult to understand which type of application your partner should make depending on your circumstances. This article outlines the different applications available so that you can decide which application is best for you and your loved one.

UK Marriage Visitor Visa

If your partner is living outside of the UK and you do not want to live in the UK but do wish to marry here, your partner can apply for a UK marriage visitor visa. This type of visa will allow your partner to visit the UK so that you can have your legal wedding ceremony or form a civil partnership here within the UK.

In order to apply for a marriage visitor visa, your partner would need to meet the requirements for a standard visitor visa by showing that:

They will leave the UK at the end of their visit
They will be able to support themselves during their visit (or have funding from someone to support you)
They will be able to pay for their return or onward journey (or have funding from someone to pay for the journey)
They will not live in the UK for extended periods through frequent or successive visits, or make the UK their main home

In addition, your partner must meet the following additional requirements:

They are over the age of 18 at the date of application
They intend to give notice of marriage or civil partnership in the UK
They intend to marry or form a civil partnership in the UK that is not a sham

The marriage visitor visa will only allow your partner to visit the UK to marry or form a civil partnership for up to 6 months and they must leave the UK prior to the expiry of their visa. This type of visa will not allow your partner to settle and live in the UK and they will not be able to apply for another type of permission to remain in the UK whilst in the UK under this type of visa.

The current application fee for a marriage visitor fee is £115.

Spouse or UK Unmarried Partner Visa

If you and your partner are already married or are in a long-term relationship and wish to live in the UK, your partner can apply for a partner visa. This type of visa must be made when your partner is outside of the UK and if successful, this visa will allow your partner to enter and reside in the UK for 33 months. This can later be extended and is a route to settlement, meaning that once they have spent a specified period of time in the UK (60 or 120 months depending on whether they can continue to meet all of the requirements for this visa once in the UK), they would be eligible to apply for settlement which can then be used to apply for British citizenship if desired.

In order to apply for a partner visa, the partner in the UK must be one of the following:

A British citizen
Someone with indefinite leave to remain or settled status
Someone with refugee status
Someone with pre-settled status under the EU Settlement Scheme
Someone with leave to remain as a worker of businessperson under the European Communities Association Agreement

To meet the definition of a ‘partner’ you and your partner must be able to show that:

You are married or in a civil partnership;

You have been in a relationship together similar to marriage or a civil partnership for at least 2 years as unmarried partners before applying

In addition to the above, you and your partner must be able to show that:

You and your partner have met in person;
You and your partner intend to live together permanently in the UK;
There is adequate accommodation for you and any dependents (meaning that the accommodation you will stay in is not overcrowded and does not breach public health regulations);
You and your partner are in a genuine and subsisting relationship
Any previous relationships have broken down permanently;
Your partner satisfies the English language requirement;
You are able to meet the financial requirements

The current application fee for a partner visa is £1,846. Your partner would also need to pay the Immigration Health Surcharge fee.

Please see the following link for more details on the requirements for this visa: https://www.paragonlaw.co.uk/personal-immigration/individuals-and-families/spouse-and-partner-visa

Fiancé or UK Proposed Civil Partner Visa

If you and your partner are in engaged and you want to bring your fiancé to the UK to marry or form a civil partnership in the UK and want to continue living in the UK thereafter, your partner can apply for a fiancé or proposed civil partner visa. This type of visa must be made when your partner is outside of the UK and if successful will allow your partner to enter the UK for 6 months during which time you will be expected to marry or form a civil partnership.

Once you are married or have formed a civil partnership and prior to the expiry of their 6-month visa, they would need to make an application to remain in the UK as a spouse or civil partner. If successful, they would be granted 30 months’ permission to remain and reside in the UK. This can later be extended and is a route to settlement meaning that once they have spent a specified period of time in the UK as a spouse or civil partner (60 or 120 months depending on whether they can continue to meet all of the requirements for this visa once in the UK), they would be eligible to apply for settlement which can then be used to apply for British citizenship if desired.

In order to apply for a fiancé or proposed civil partner visa, the partner in the UK must meet the requirements noted in the above spouse or civil partner section. In addition, you and your partner must be able to show the following:

That you and your partner intend to marry or form a civil partnership in the UK
That your partner is seeking entry to the UK so that your marriage or civil partnership can take place

You do not need to show that you and your partner have been in a relationship together similar to marriage or a civil partnership for 2 years before applying for this type of visa.

In addition to the above, you and your partner must be able to show that:

You and your partner have met in person;
You and your partner intend to live together permanently in the UK;
There is adequate accommodation for you and any dependents (meaning that the accommodation you will stay in is not overcrowded and does not breach public health regulations);
You and your partner are in a genuine and subsisting relationship
Any previous relationships have broken down permanently;
Your partner satisfies the English language requirement;
You are able to meet the financial requirement

The current application fee for a partner visa is £1,846.

The current application fee for a fiancé or proposed civil partner visa is £1,846. There is no Immigration Health Surcharge (IHS) fee payable here.

As above, once you and your partner are married or have formed a civil partnership and prior to the expiry of their visa, your partner would need to apply to extend their permission to be in the UK as a spouse or civil partner. The cost of the extension application is currently £1,048 and they would also have to pay the Immigration Health Surcharge fee.

The fiancé or proposed civil partner visa therefore can be more expensive in that you will be paying for the same fee as a spouse or unmarried partner visa for only 6 months and would then need to pay further fees to extend their permission to be in the UK within a short period of time. You and your partner may therefore wish to consider marrying or forming a civil partnership outside of the UK first so that your partner can apply for a spouse or Civil Partnership Visa straight away.

Please see the following link for more details on the requirements for this visa: https://www.paragonlaw.co.uk/personal-immigration/individuals-and-families/spouse-and-partner-visa

Need More UK Immigration Law Assistance?

Boasting over 20 years of industry expertise, Paragon Law is the go-to for corporate and personal immigration law issues across the globe.

If you remain unsure of which type of visa is best for your partner or have any queries, please do not hesitate to contact our Personal and Family Immigration Department who will be happy to assist you.

Everyone Is Welcome.

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