Do you want to get married but your fiance isn’t a British citizen? Thanks to Brexit, immigration laws are about to get even more complicated, even for European nationals. While those who have lived in the UK for over 6 years are free to apply for British citizenship, coming into the country if you’re a new immigrant is much more challenging, even if you want to apply for a spouse or fiance visa.
As of now, the UK and EU are still in the negotiation phases of working out legal agreements when it comes to immigration laws – fortunately, this means that an EU passport is still good enough to live and work in Great Britain. As of 2021, EU citizens will need a visa. Unless something changes, of course. The UK has to adhere to current EU laws as of December 2020.
In the case of persons from countries outside of the EU, different laws apply, and they need to apply for fiancé(e) visas in the UK.
A fiance visa grants your fiance legal entry to the UK. It is valid for a period of six months, and you are required to get married within this time. This needs to be done within the UK, and your spouse visa application needs to be made from within the UK as well.
Here are more facts and answers about the fiance visa process and any rights it grants the holder:
Always check reliable sources
You should always get your information from reliable government sources, or a government office. There are a lot of websites with outdated information, or information that is incorrect.
Don’t risk your loved one’s legal status by not double-checking your legal advice. One of the best ways to do this is to see what solicitors specialize in immigration paperwork so that you can be certain that all paperwork is filled out and submitted correctly.
Legal Requirements
Rewrite:
In order to initiate the legal process to gain the six-month fiance visa, you must meet the following requirements:
- You have to be in a genuine relationship (see all the steps on migrate.org.uk)
- Must meet the English language requirement
- You have to prove the financial stability required of the UK Sponsor and provide adequate accommodation and housing
- You must marry your partner within the UK within a period of 6 months
- You and your partner must be over the legal 18 years of age at the time of application
- You must know your partner and have met in person before
- You cannot be related to your sponsor or fiance
- You must intend to settle in the UK
These can get quite complicated, and if you have any questions about your particular situation, you may wish to contact a solicitor to stay current with any changed regulations.
What rights does a fiance visa grant you?
Here are some common questions about the fiance visa programme, and what rights you have under a a fiance visa:
What if I get married right before my fiance visa expires?
It’s actually recommended that you get married before then. Paperwork takes time, and it’s best not to leave everything until the last moment. You might want to consider getting married before the 5th month of the visa passes, so that you have time to deal with bureaucracy.
Can I vote?
No.
Can I legally get work?
No – you are expected to be supported by your partner until you get lawfully married and obtain a spouse visa.
Can we get married in France/Spain/on a cruise etc.?
No – your marriage must occur in the UK.
Can I stay in the UK indefinitely after I get married?
Once you get married you need to apply for a spouse visa, which lasts for a period of 30 months. After this period you wil need to reapply for a renewal of the spouse visa. After your renewal, you can apply for UK citizenship.
Can I extend my fiance visa?
Normally, the visa cannot be extended, but if there are special circumstances surrounding your request, such as serious illness, family emergency or an injury, exceptions can be made. In this case, it’s best to seek legal advice.
Who has to take the English Proficiency test?
Any national who is not from an English speaking country. For example, Canadian citizens will not be expected to pass it, while French citizens will have to take the exam. A level of at least A1 English is required to get the fiance visa.
Does this test count for the spouse visa as well?
In order to get an extension on a spousal visa – you have to demonstrate that you are profficient in English at least in the A2 level. Read more about the requirements here.
Organizations that can help you
If you feel unsure about any steps in this complicated process, it’s a good idea to hire a solicitor. As long as your relationship is real, you have the financial means of supporting and housing your fiance when they arrive and meet the other requirements that we have listed, it should be an anxious but otherwise smooth transition.
Here is a list of organizations that you can turn to if you have questions about your fiance’s status:
- British Red Cross – provides support of asylum seekers and refugees
- Immigration and Nationality Directorate
- Joint Council for the Welfare of Immigrants
- Immigration Law Practitioners Association (ILPA)
For more sources, see Women’s Aid UK resources on immigration.
Conclusion
These are legal matters that have a real effect on both of your lives, and it can be a stressful time for any couple. Make sure you have all the legal help you need in order to have the certainty you are on the right path to a visa and eventually – citizenship.
