How To Apply For A Fiance(e) Visa
It's been some time since we had an update, and I'm guessing that this forum may see an big increase in questions about Fiance(e) visa, so I thought I try my hand at an update.
In line with my normal posts this one is gonna be a long one. But hopefully plenty detailed enough to help those in need.
I realise that major changes may be ahead from April so please be sure to check the UKBA website for any updates and changes that will surely happen.
IMPORTANT: If any of the links below do not work as they should, please let me know.
We all share the same basic desires. We want to love, to be loved, to be together and to live 'happily-ever-after'.
But the 'fairy tale' can be more complicated when you're in love and half a world apart in different countries, different time zones, and more importantly with UK immigration rules.
Some important decisions have to be made. So what's it to be, a Fiance(e) Visa and UK wedding, or a wedding in The Philippines followed by a Spouse Visa?
For some help on this life changing decision better to take a look here before you finally decide
If you decide on the Fiance(e) Visa route to UK then hopefully this guide might help.
The Fiance(e) visa is granted to those applicants who intend to marry (or to form a civil partnership) with British citizens and lawful permanent residents of the UK, and who want to settle permanently in the UK after the marriage or civil partnership.
If you only want to come to UK to get married, or to register a civil partnership here, and then you will then leave the UK, you should apply as a special visitor for marriage or civil partnership.
Being granted a Fiance(e) visa allows you entry to the UK for a period of 6 months.
During this time you will be expected to actually get married and to subsequently make an application for Further Leave to Remain (FLR), which allows conditional resident status as a the spouse to remain in the UK for a further two years.
This period of being under a Fiance(e) is not exactly a relaxing time, there is still plenty to do.
Until the marriage is concluded the visa is still counting down to expiry when, at that time, your fiancé(e) will need to return to their home country.
Remember also that until FLR is granted by UKBA, the fiance(e) is neither allowed to work nor to access any public funds.
The UKBA page specifically for Fiance(e)'s and proposed civil partners is here
It's well worth taking a look and checking out the links provided.
By its very nature this guidance is generic. It may not apply to any given set of conditions. Additionally you may find the ECO interpretations of compliance do vary. Some consulates are more rigorous than others, and some applicant profiles invite more scrutiny than others. Accordingly, this guide should not be taken as authoritative.
Whenever posting documents to the Philippines use a secure delivery service such as DHL, TNT, UPS etc.
Yes it costs a bit more, but it’ll cost a lot more in time and money if the normal postal service loses them whether they are signed for or not, as the Philippine postal service is not secure.
Finally, the UKBA recommend that you read their Information Guide.
They suggest it can "help you decide which documents may be useful in supporting the statements that you have made on your visa application form (VAF)."
Here's wishing all you new applicants and sponsors sincere congratulations on your engagement, and good luck to with your Visa Applications.
The key issues in the eligibility of a UK Fiance(e) Visa:-
Can we apply For a Fiancé(e) Visa?
In order to apply you must show that:-
- Your Fiance(e) (or proposed civil partner) is currently living and settled in the UK, or is returning to the UK with you to live there permanently.
- You intend to marry or register a civil partnership within 6 months.
- You intend to live together as husband and wife or civil partners after you are married or have registered your civil partnership.
- You have met each other.
- You meet the UKBA English language requirement.
- Until you are married or have registered a civil partnership, there is somewhere for you and any dependants to live without help from public funds.
- There will, when you are married or in civil partnership, be adequate accommodation where you and any dependants can live without help from public funds.
- You and any dependants can be supported without working or needing public funds, before appllying to extend your stay as a spouse or civil partner.
How Do We Apply
How do we apply for a UK Fiance(e) Visa (in the Philippines)?
What documents are required?
You must send:-
- 2 recent passport photographs and your passport - see the Photographs and passport page
The applicant must present a valid passport with at least 6 months validity remaining.
- Evidence that any previous marriage(s) or civil partnership(s) have broken down permanently. You and your fiancee must be legally free to marry. This means that both of you are single (never married or registered a civil partnership) at the time of application, or that any previous marriages and/or registered civil partnerships have ended through divorce,annulment,dissolution or death.
Evidence would include Death Certificate of the deceased spouse/civil partner, evidence of divorce (eg divorce Decree Absolute), Annulment or Dissolution Certificate.
Note: If the divorce / dissolution process is not yet finalised, the Fiance(e) Visa is not automatically refused for this reason alone. The ECO will need evidence that the divorce/dissolution proceedings are well under way.
If one of the couple are still be waiting for finalisation of divorce/dissolution at the end of the 6-month leave to enter, they may apply to the UKBA for an extension of stay.
- Evidence that you intend to marry or register your civil partnership within a reasonable time (usually 6 months).
The ECO needs to be convinced that a marriage/civil partnership in the UK will take place.
The law relating to marriage in England and Wales does not allow for any arrangements to be made with a Registrar until the foreign national has arrived in the UK. Of itself, a booking at a Register Office or church is not proof that a marriage will take place.
However the ECO can reasonably expect the couple to have made some tentative plans for the wedding. Any evidence at all, however small, that's available to show that wedding arrangements are in hand will help in this respect.
Think about including any facebook messages, e-mails or texts that specifically refer to wedding plans.
- Evidence that you have met each other
A relationship that has developed over the Internet would not satisfy the 'to have met' requirement unless the relationship included a personal face-to-face meeting between the couple concerned. Evidence of a face-to-face meeting might include a travel history (passport stamps, boarding passes etc.), Photo's of you both together as a couple, e-mails, Chat logs and Text messages showing that you had met.
Although there is no requirement that two people must spend a specific amount of time together in person, it is reasonable to expect that the ECO may be skeptical of couples with only a very minimal face-to-face history prior to application.
- Evidence that you intend to live together permanently after you have married or registered your civil partnership.
Again think about all the evidence you might have (details of future plans, facebook messages, e-mails and texts etc)
- Evidence of your English language ability - see the English language page
- Evidence that you can maintain yourselves and any dependants adequately without needing public funds - see the Maintenance (funds) page
There really isn't any actual amount stated in the 'immigration rules' that indicate just how much is considered as 'sufficient'. It's up to the sponsor and applicant to prove there is sufficient for them to maintain themselves.
Basically, the UKBA will be looking at the amount of money left after any regular non-discretionary expenditure (such as rent or mortgage payments, council tax and secured loans etc)
Everyone has have different non-discretionary expenditure.(eg payments of Child support would also be considered a key fixed/regular payment)
Various Immigration Tribunal's have concluded that it would not be appropriate to have immigrant families existing on resources that were less than the 'Income Support Level' for a British family of the same size. This is probably the best guide available.
In principle this means that if it is more likely than not that the total amount of money that the applicant and sponsor will have to live on will be below what the income support level would be for a British family of that size, then it may be appropriate to refuse the application on maintenance and accommodation grounds.
The 'Income Support' rates do vary each tax year - so make sure you know the current amounts. Key amounts for tax year 2011/2012 are £105.95 per week for a couple and £62.33 pounds per week for a dependent child.
Maintenance (sufficient funding) can be proven by reference to both savings and/or regular income. However, most of those who have gone though the Fiance(e) Visa process would advise on having savings.
It clearly costs quite a bit to cover the costs of Visa Application, Air fares, Weddings and supporting someone in settlement in UK. It would be reasonable for the ECO to expect something like £1000-£2000 in the form of savings.
Your bank statements will normally show your income and your outgoing expenditure. ECO's are not accountants but, if you are generally living within your means and can afford the cost of another adult consumer joining the household, this should be immediately obvious.
Only those people with very low income that regularly leave them with a discretionary income close or equal to the equivalent of means-tested benefit might feel the need to make a budget plan to signpost how they can afford another consuming person in the house.
Maintenance may be provided by either:-
The applicant with their own funds or with funds available to them
Or
The sponsor
Or
A combination of applicant and sponsor funds
Or
Third party support (from family members). The ECO may request evidence (for example, original bank statements over at least three months) of the third party's assets. Third party support is not precluded from consideration under the maintenance requirements relating fiancé(e)s.
- Financial Standing
The application must be supported by evidence that proves the applicant will not require public funds. Generally this takes the form of the sponsor/applicant (or co-sponsor) providing:-
Bank Statements covering at least 3 months (from experience preferably 6 months)
Salary slips for at least the previous 3 months.(from experience preferably 6 months)
The sponsor's (co-sponsor's) employment contract (if the sponsor is not independently wealthy). A letter from the employer will suffice.
The sponsor's (co-sponsor's) most recent P60.
If the sponsor (co-sponsor) is self-employed, owns his own company, or if the sponsor (co-sponsor) is unemployed, then the employment contract and P60 can be substituted with certified copies of the previous 2 years' tax returns accompanied by a notarized version of his/her business accounts.
If the sponsor (co-sponsor) is retired, then a statement from his pension scheme will do.
If there are disproportionate deposits and withdrawals in the bank statements, they must be explained in the sponsor's letter, in fact explain as much as you can about the transactions.
- Evidence of your accommodation
Accommodation - General Requirements
The Rules require that there must be adequate accommodation for a fiancé(e) or proposed civil partner and any dependants both up to and after the date of the marriage or registering of the civil partnership.
The ECO will be looking for evidence that the accommodation complies with the following requirements:-
- It is (or will be) owned or legally occupied for the exclusive use of the couple.
- It is capable of accommodating the couple, and any children, without overcrowding as defined in the Housing Act 1985.
- The ECO should be satisfied that housing the couple in rented accommodation will not be in breach of any tenancy agreement as regards sub-letting.
- That no additional public funds will be necessary for accommodating the applicant in cases where the sponsor lives in accommodation from public funds.
Accommodation (Home Owners)
If the sponsor (or co-sponsor) owns his home, he should include a certified copy of the deed showing this, or other proof of ownership.
If the sponsor has a mortgage, the appropriate entry from the Land Registry should be provided,(this is available online for a fee), or a letter from the building society.The mortgage payments should appear in the bank statements.
Accommodation (Rented)
If the sponsor rents a flat or house, a copy of the tenancy agreement should be provided.
If the applicant is not a signatory to the tenancy agreement, then an additional statement from the landlord (or estate agent) should be provided confirming both the size of the property and agreement that an additional occupant may take up residence there.
If an existing tenancy agreement is to be used, it should have at least six months before expiry. If the tenancy agreement does not have at least six months before expiry, then an additional statement from the landlord/agent showing intent to renew at the same terms should be provided.
If the accommodation is owned by a local authority or council estate, a landlord's confirmation should also be obtained, but if this cannot be obtained a report from an independent surveyor which confirms the size and suitability of the premises can be submitted instead.
Accommodation (Shared with others and co-sponsors offering accommodation)
If the sponsor and the applicant are to live in accommodation with multiple occupants (Such Family/Friends/etc), the information shown for renters should be provided. Additionally, the applicant and sponsor need to show that they have exclusive access to a bedroom that will be occupied solely by them.
A bedroom may be a family room or study which has been converted for exclusive access (kitchens, bathrooms, and utility rooms do not qualify). Account is taken only of rooms with a floor area larger than 50 square feet(4.65 square meters).
Accommodation Overcrowding
There are statutory definitions of overcrowding in residential housing contained in the Housing Act 1985.
A house is considered to be overcrowded if 2 persons aged 10 years or more of opposite sexes, who are not living together as husband and wife, must sleep in the same room.
The Housing Act also details the maximum number of people allowed for a given number of rooms.
Number
of
Rooms................Permitted number of persons
1.......................................2
2.......................................3
3.......................................5
4.......................................7.5
5.......................................10
Each additional room in excess of 5 = An additional 2 people
A child under one does not count as a person.
A child aged 1-10 years counts as only half a person.
- What identification is needed from my sponsoring Fiance(e)
The sponsor's identification usually takes the form of the sponsor's passport. If the passport itself cannot be presented, then a notarized copy of the portrait page should be made by a UK authorized notary or solicitor (i.e., member of the Law Society).
- Should my sponsoring Fiance(e) send a supporting cover letter?
Yes, have your sponsor write a good letter to the Embassy supporting your application, and outlining how long you have been together and important events and meetings between yourselves.
You may also briefly outline the start of the relationship, how it developed, the times you met face-to-face, some things you did together, your feelings for each other, why you want to marry, plans for the future and where you will live and how you will support yourselves.
Keep it simple and above all be honest about everything.
If there is anything complicated or unusual about your application you should include a clarification for the ECO.
It would certainly strengthen the application to include a supporting letter from the sponsoring fiance(e)s parents saying that they support the future marriage and that they are looking forward to meeting and welcoming you into the family. Nothing complicated.
There is usually no need for the applicant to write a letter.
- How long will it take to process my application? Visa processing times
- Can my fiancé(e) come to the UK on a visit visa and then apply for a Fiance(e) or spouse visa?
Many couples initially discuss the possibility of one party coming to the UK on a visit visa as they want to be involved with the wedding preparations and find that three months apart is a daunting prospect.
However, to be successful in obtaining a visit visa the applicant must show that they intend to leave the UK at the end of their visit. In many cases this is not the intention of the applicant as they want to stay in the UK with their fiancé(e) and then get married.
You cannot get married in the UK on a visit visa so a fiancé(e) visa will need to be obtained from the Embassy or Consulate of your Fiancé(e)’s country of origin or residence.
- How much will it cost?
All the UKBA fees can be found on the Fees for our services page
The table showing all the fees is here
- My fiancé(e) has been refused a visa before, can they re-apply?
Having been previously refused a visa does not prevent you from making any further applications unless you have incurred a ban for UK entry.
Each application is reviewed on its own merits and on the supporting evidence supplied
- What happens if the application is refused?
If your application is refused, you will have a full right of appeal. When the UKBA refuse your application they we will also give you a letter fully detailing why the application has been refused and explaining how to appeal.
Please look here for Appeals information
- What if we have not met face-to-face for a long time?
If the applicant and sponsor have been separated for a lengthy period of time before the application is submitted (i.e., longer than 3 or 4 months), then evidence of 'intervening devotion' should be included. This would normally take the form of phone records or other forms of communication.
When submitting email, chats, IM logs, it is important to keep in mind that intervening devotion means "evidence of contact" and not a complete transcript of each and every chat. Examples are enough.
- If my fiance(e) is in receipt of public funds. Can I still apply for a Fiance(e) visa? There is no objection to the British citizen / settled sponsor receiving any public funds to which he / she is entitled in his / her own right.
If the sponsor is in receipt of public funds, it does not mean that they will be unable to support the applicant, although clearly a person who is heavily dependent on the state because they don't have sufficient means of their own will find it difficult to support another person for any length of time.
The important factor to consider is whether there will be a need for the sponsor to claim additional public funds to support the applicant if leave to enter granted.
- Do I need a health check or Tuberculosis X-Ray when I arrive in the UK
The UKBA state that "Anyone aged over 11 resident in certain countries applying for a visa to come to the UK for longer than 6 months need to get a certificate confirming that they are free from infectious Tuberculosis (TB) before applying for a visa.
Look at the bottom of the page under "more information" and "Do you need to be screened for tuberculosis (TB)?"
The Fiancé Visa Checklist
This is just a representative quick checklist that covers most of the requirements, but it should not be taken as authoritative. Some items are not appropriate for every case (divorce certificates for example), and excluding an item does not result in automatic refusal. Similarly, including all items below does not
guarantee success.
· Application form (VAF4), photo, and fee). Applications are now preferred to be done online and all supporting documents will be collected
· Applicant's passport
· Evidence of sponsor's immigration status in UK (sponsor's passport)
· Sponsor's birth certificate (if passport not available), Applicant's birth certificate, Dependent children's birth certificate(s)
· Evidence that the sponsor and applicant have met
· Letter from the sponsor confirming the application and explaining the grounds of the relationship
· Divorce/death certificates
· Evidence of sponsor's employment in UK
· Sponsor's pay slips (6 months)
· Sponsor's bank statements (6 months)
· Evidence of applicant's or sponsor's savings
· Evidence of sponsor's mortgage or tenancy agreement
· If rented accommodation, evidence that the landlord gives permission for an additional resident
· If dependent children are accompanying the applicant, evidence that the accommodation is large enough
· Evidence of on-going contact
· If available, applicant's old passport
· If available, a provisional registry office booking
· A photocopy of all original documents submitted
· Biometrics
Supplementary advice/help for Maintenance and Accomodation is here.
Cover letter from Sponsor/Cover letter from Applicant
1. IDENTITY
Certified copies of old and current passports - SPONSOR
Original birth certificate - SPONSOR
Original passport - APPLICANT
Certified copy of national ID card - APPLICANT
Original birth certificate - APPLICANT
Passport-sized colour photograph - APPLICANT
Household Register - APPLICANT
English language certificate - APPLICANT
2. ACCOMMODATION
Summary - SPONSOR
Original Tenancy agreement for property - SPONSOR
Photos of the property with room sizes - SPONSOR
Web advert from the letting agent of the property including room numbers - SPONSOR
Email conversation with landlord of property confirming permission for Applicant to occupy with Sponsor - SPONSOR
3. FINANCES AND MAINTENANCE
Summary - SPONSOR
Original Employment contract - SPONSOR
Original Payslips past 6 months - SPONSOR
Original P60 - SPONSOR
Original Current account statements past 6 months including explanations of any large income/outgoings - SPONSOR
Original Savings account statements past 6 months including explanations of any large income/outgoings - SPONSOR
Budget plan - SPONSOR
Original Utility bills past 6 months - SPONSOR
CV - SPONSOR
Original Bank Account Statements past 6 months - APPLICANT
Bank balance and Tax returns - APPLICANT
Evidence of employment - APPLICANT
4. PROOF OF RELATIONSHIP AND INTENT TO MARRY
Summary - SPONSOR
Dated photos and flight boarding passes of sponsors visits
Letter from parents of Sponsor/Letter from parents of APPLICANT
Itemised mobile phone bills with highlighted entries - SPONSOR
Itemised mobile phone bills with highlighted entries - APPLICANT
Email conversation history (summary screenshots and a few full examples)
MSN conversation history and weekly video screenshots
Finally, when you have your visa just make a quick visit here to be sure you have what you expected
Originally Posted by Mr Pickwick
