Fiance Visa UK Guidance for 2023

Let’s first quickly talk about…

 What is a UK Fiancé(e) visa?

A UK fiancé(e) visa will allow the person applying (the “applicant”) to enter the UK to marry their UK partner (the “sponsor”).

A UK fiancé(e) visa can lead to Indefinite Leave to Remain (ILR) & British citizenship and is normally issued for 6 months.

Despite it being valid for only 6 months, this visa can easily be extended by submitting an FLR(M) visa application before the fiancé(e) visa’s expiration.

The Immigration Rules as they relate to UK proposed civil partnership visas are identical in all but name. Therefore, if you are wanting to apply for a UK proposed civil partnership visa, this guide will also be helpful to you.

The next question to ask is…

What are the Fiance visa UK requirements in 2023?

The fiance visa UK requirements in 2023 are as follows: 

• You (the “applicant”) and your partner (the “sponsor”)  must be in a permitted relationship that is ‘genuine’ and ‘subsisting’;
• You must meet the English language requirement;
• You may have to show that you are free from tuberculosis (TB) (largely depending on the applicant’s normal country of residence);
• You must meet the fiance visa UK financial requirements in 2023;
• You must show that there will be adequate accommodation for when you arrive in the UK, as well as for any dependants that you may have; and
• You must meet the suitability requirements.

Let’s discuss each of these requirements in more detail below. 

Fiance visa Relationship Requirements

#1 You must intend to marry your UK partner in the UK.

You will be expected to marry (or enter into a civil partnership) in the UK before the 6-month fiancé(e) visa expires.

Since it takes some time to prepare for your FLR M extension, it is generally advised to marry no later than your fifth month in the UK.

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#2 Your UK partner must be one of the following:

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#3 Your UK partner must be present in the UK

‘Present’ here means two things:

i) The UK partner is in the UK when the online application is submitted; or

ii) The UK partner, in the application, indicates that they will return to the UK with the applicant if the application is successful.

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#4 Both you and your UK partner must be aged 18 or over.

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#5 You must have met your UK partner in person.

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#6 Your partner must not be related to you in a way that is not permitted by the Home Office.

If you and your partner are not in any way related, this is not something that will apply to you.

However, if you and your partner are related, you should note the following relationships which are strictly prohibited by the Home Office:

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#7 You must intend to live with your UK partner permanently in the UK.

This is one of the two main things that differentiates a UK fiancé(e) visa from a UK marriage visitor visa.

The first difference is that, unlike a UK fiancé(e) visa, it is perfectly fine for a partner who is applying for a marriage visitor visa to not want to settle in the UK.

The second difference is that a UK fiancé(e) visa will allow you to extend the application from inside the UK by submitting an FLR(M) visa application (once you and your partner have married).

This means that the applicant will not have to leave the UK – as long as the application is submitted prior to the expiry date of the 6 month fiancé(e) visa.

If you intend to apply for an FLR(M) application after having been issued a UK fiancé(e) visa, the FLR(M) application must be submitted before the 6-month fiancé(e) visa expires.

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#8 You must persuade the Home Office that your relationship with your UK partner is ‘genuine’ and ‘subsisting’.  

Whether a relationship is genuine and subsisting, at first thought, is something difficult to prove.

After all, unlike many of the other fiance visa UK requirements in 2023, this will involve the Home Office caseworker making a subjective assessment of two people who they have never personally met and who will most likely never meet.

In any event, to persuade the Home Office caseworker that your relationship is genuine and subsisting, you should do two things.

1. In your supporting letters, you should discuss the development of your relationship in detail.
2. You should submit various pieces of relationship evidence.

Although this may seem rather intrusive, considering the significance of the visa for both you and your partner, depending on you and your partner’s circumstances, this requirement should not be taken too lightly.

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#9 You must evidence that any previous relationships of the applicant or sponsor must have broken down permanently

This is unless the relationship(s) fall within one of the few (& rarely relied on) exceptions.

The required documentation depends on the type of previous relationship.

For instance, if one partner was previously married, you must provide a decree absolute (or overseas equivalent) to show that the relationship has broken down permanently.

Fiance visa English language requirement

The second fiancé(e) visa requirement is that the applicant must prove that they have the required A1 level of English.

There are numerous ways that you can do this.

#1 The most common way to satisfy the English language requirement is to submit an A1 English language test certificate.

First of all, the English language test that you rely on (which is not the only way of satisfying the English language requirement, as we will discuss below), must be on the List of Home Office Approved Secure English language tests (SELT) in 2023.

As we discuss in part 1 of our free video series, the test must also be taken at a Home Office approved test centre.

The majority of those who rely on an English language test will sit an IELTS Life Skills A1 test.

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#2 If you have a Bachelor’s or Master’s degree or a PhD that was taught in English, you may not have to take the A1 English language test.

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#3 If you (the “applicant”) are a national of one of the following countries, you do not have to pass the A1 English language test:

• Antigua and Barbuda;
• Australia;
• the Bahamas;
• Barbados;
• Belize;
• The British Overseas Territories;
• Canada;
• Dominica;
• Grenada;
• Guyana;
• Jamaica;
• Malta;
• New Zealand;
• St Kitts and Nevis;
• St Lucia;
• St Vincent and the Grenadines;
• Trinidad and Tobago; or
• the United States of America.

In this case, to satisfy the English language requirement, the only document that you will be required to submit regarding the English language requirement is the applicant’s passport which shows that they are a majority English speaking national.

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#4 Finally, you may be exempt from having to take the test if one of these applies:

• You’re aged 65 or over when you apply; OR
• You’re unable to take the test because of a physical or mental condition that stops you from being able to sit the test; OR
• You have ‘exceptional circumstances’ that prevent you from meeting the English language requirement.

If you have a physical or mental condition that stops you from taking the test, you must submit evidence from a medical professional that proves this.

Please note that, like other areas of UK immigration law, ‘exceptional circumstances’ is a rather high threshold – simple inconvenience will not suffice.

Is a Tuberculosis (TB) required for a Fiance visa?

• Afghanistan, Algeria, Angola, Armenia, Azerbaijan,
• Bangladesh, Belarus, Benin, Bhutan, Bolivia, Botswana, Brunei, Burkina Faso, Burundi,
• Cambodia, Cape Verde, Central African Republic, Chad, Cameroon, China, Congo, Côte d’Ivoire,
• Democratic People’s Republic of Korea, Djibouti, Dominican Republic,
• East Timor, Ecuador, Equatorial Guinea, Eritrea, Ethiopia,
• Gabon, Gambia, Georgia, Ghana, Guatemala, Guinea, Guinea Bissau, Guyana,
• Haiti, Hong Kong,
• India, Indonesia, Iraq,
• Kazakhstan, Kenya, Kiribati, Kyrgyzstan,
• Laos, Lesotho, Liberia,
• Macau, Madagascar, Malawi, Malaysia, Mali, Marshall Islands, Mauritania, Micronesia, Moldova, Mongolia, Morocco, Mozambique, Myanmar (Burma),
• Namibia, Nepal, Niger, Nigeria, North Korea,
• Pakistan, Palau, Papua New Guinea, Panama, Paraguay, Peru, Philippines,
• Russia, Rwanda,
• Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Africa, South Korea, South Sudan, Sri Lanka, Sudan, Suriname, Swaziland,
• Tajikistan, Tanzania, Thailand, Togo, Turkmenistan, Tuvalu,
• Uganda, Ukraine, Uzkekistan,
• Vanuatu, Vietnam,
• Zambia, Zimbabwe

An up-to-date list of countries (as this periodically changes) can be found here.

If you are required to take a Tuberculosis (TB) test, then please note that this test must be taken at a Home Office approved clinic.

You can click this link to find an approved Tuberculosis (TB) test centre near you.

Tuberculosis (TB) certificates, once issued, will be valid for 6 months.

 

Accommodation requirement

You will be expected to show that there will be adequate accommodation for you and your family unit once you arrive in the UK.

Unlike that of a UK spouse visa, the accommodation for when you arrive in the UK does not have to be permanent but can be temporary.

Therefore, it is fine if you want to live separately until the wedding.

However, it is important to understand you will need to show that there will be adequate permanent accommodation for when the marriage or civil partnership has taken place.

Furthermore, this accommodation must be ‘owned or occupied exclusively’ by your family and must be what the Home Office deems as ‘adequate’.

Please also note that accommodation will not be adequate if it is either overcrowded or if it contravenes health and safety regulations.

Fiance visa financial requirement in 2023

The fiance visa UK financial requirements in 2023 are identical to those applying as a married spouse from outside the UK.

Our detailed and comprehensive fiance visa UK financial requirements in 2023 guidance discusses this in great detail.

We also discuss some commonly made financial mistakes that partner visa applicants make in our free video series. Watching this should hopefully prevent you from making these mistakes.

Applicant & UK partner supporting letters

Both you and the UK partner should write a supporting letter.

As long as the letters are clearly laid out, writing a cover letter can make it clear to the Home Office worker how you satisfy the relevant requirements.

In particular, you should write about the following things in your supporting letter:

• How the UK partner meets the financial requirement;
• How you satisfy the adequate accommodation requirement;
• Information about your relationship, including your intention to marry & wedding plans.

Check that you meet the suitability requirements

We decided to leave these requirements later in this article because these only negatively affect a minority of partners.

You WILL be refused if any of the following apply:

#1 You have been informed by the UK government that you are NOT allowed in the UK.

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#2 Your previous behaviour has made it undesirable to grant you a fiancé(e) visa.

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#3 You failed to comply with one of the following requirements without a reasonable excuse:

• Attend an interview
• Provide physical data
• Provide information
• Take a medical examination or provide a medical report.

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#4 You have been notified of a deportation order in your name.

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#5 You have been sentenced to jail for a significant amount of time because of an offence you committed. 

See S-EC.1.4. of Appendix FM for more information on this.

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#6 You have a medical reason which makes it undesirable to grant you a fiance visa.

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#7 You are considered to be a risk to your partner or parent.

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#8 You left or were removed from the UK as a condition of a caution that was given to you under section 22 of the Criminal Justice Act 2003 less than 5 years ago.

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You MAY be refused if any of the following apply:

#1 You have previously included false information, representations or documents, or did not include important facts in a previous UK visa application. 

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#2 You have not paid NHS charges that are owed that are greater than £500.

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#3 You have a bad criminal history.

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#4 You have failed to pay litigation costs that have been awarded to the Home Office.

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#5 A maintenance and accommodation undertaking has not been provided when requested.

Should you complete the Appendix 2 VAF4A Form?

Fiance Visa Document Checklist 2023 

As we will discuss below, when you complete the fiance visa UK application form in 2023, you will be provided with a fiancé(e) visa document checklist that the website will automatically generate.

With this being said, as we discuss in our free video series, the most common mistake that partners make is relying on this checklist without sufficiently reading two important sources of information, Appendix FM 1.7. and Appendix FM-SE.

“Why should I take the time to read Appendix FM 1.7. and Appendix FM-SE?”

There are two main reasons.

“How are Migrate’s document checklists better than the one that I will get from the ACCESS UK website?”

Our document checklists (which are part of our DIY Application pack service) help you with both of these issues as it:

• Identifies common mistakes that fiancé(e) visa applicants make
• Discusses the Immigration Rules regarding specific documents
• Discusses the general Immigration Rules regarding all fiancé(e) visa documents
• Identifies documents that would strengthen your application that are not listed on the automatically generated ACCESS UK document checklist; and
• Points out the particular sections of the Immigration Rules that are relevant to your application.

“What are the other benefits of Migrate’s DIY application pack service?”

• It will save time – it will provide you with the relevant Immigration Rules more centred in one place;
• It will save money – At £435, this is a fraction of the price if you were to pay for full legal representation;
• It will give you peace of mind – Our application pack will help you ensure that you do not miss out on any documentation or overlook important requirements;
• We have a 100% money-back guarantee – We are that confident based on our customer’s success.

Familiarise yourself with the fiancé(e) visa application process

We know that the fiancé(e) visa application process can be incredibly stressful for partners.

Familiarising yourself with the process (rather than dealing with it as it arises), however, should make the application process less stressful for you and your partner.

We discuss this in detail in our fiance visa UK timeline & process in 2023 article (which also includes a detailed step-by-step video).

Familiarise yourself with the different options that are available to you regarding the submission of documents

The following is a summary of the various document submitting procedures.

Option #1 – The walk-in service at one of the UK centres

The walk-in service, from our experience, tends to allow partners to submit documents in a relatively convenient manner.

If you were to take advantage of this option, this would cost you an additional £75 (which can be paid via cash or a credit & debit card).

There are several visa centres in the UK where this can be done, the locations of which are normally disclosed to you once you have submitted the online application.

This service will require the sponsor (or agent of the applicant and sponsor) to attend the visa centre in person to submit the documents. The documents, via this method, cannot be posted in the mail.

No appointment will be required – you can simply walk in at your convenience.

• The document checklist which is automatically generated by the Access UK website; and
• All supporting documents, including copies of the applicant and sponsor’s passports.

The above documentation will be scanned at the visa centre during your visit.

Fortunately, all documents will be handed back to you. Therefore, the Home Office will not need to keep any original documentation.

“Which documents cannot be scanned?”

Laminated documents cannot be scanned – please do not bring any.

If you are relying on documents that have deteriorated in condition (i.e. are heavily creased, crumped or torn), these should be photocopied before you attend the appointment as these documents normally are not able to be scanned.

“When do I have to attend one of these centres?”

You should attend one of these centres after you have submitted and paid for the online application.

Although there are no strict timelines regarding the date between the time the online application is submitted and paid for, I’d recommend not leaving this too long and aim to attend the UK visa centre within a week of submitting the online application.

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Option #2 – Sending the documents by courier to a specified UK address

It is normally made clear as you near the end of the online application process (after you have paid the Home Office fees) whether this option is available to you.

Like the walk-in service at one of the UK visa centres, the standard service will cost £75 plus VAT for each application.

This standard service normally states that documents will be scanned within 5 working days of receiving the documents.

For £25 extra, you can pay for the priority service (the total cost being £100 plus VAT for each application).

The priority service states that documents will normally be scanned within 24 hours of receiving the documents.

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Option #3 – Getting the documents scanned at the overseas visa application centre

This is normally labelled the ‘Document Scanning Assistance Service’ and simply involves the applicant taking the supporting documents with them to their visa appointment, where the documents will be scanned.

Generally speaking, overseas visa centres will offer two options.

First, you can pay a small fee for a member of staff to scan the documents at the overseas visa centre.

Second, there are sometimes self-service machines where the applicant can scan and upload the documents themselves.

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Option #4 – Uploading the documents to the website

With this being said, like the other document submitting procedures, this method still has its downsides – most notably documents taking a long time to upload & documents not being viewable once they’ve been uploaded.

 

Start completing the fiancé(e) visa online application form

#1 Make sure that you select the correct online application.

We discuss the UK fiancé(e) visa application form in 2023 here.

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#2 Choose ‘Appendix FM Partner”.

“Appendix FM Partner” is for fiancé(e)s who are applying for a UK fiancé(e) visa.

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#3 Choose the country where biometrics will be provided.

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#4 Complete ‘Application’ (section 2) and ‘Finances’ (section 3).

Where you find the questions asked in the online form ambiguous or unclear, answer them to the best of your ability and then provide clarification in your letter of supports.

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#5 Section 4 will then give you an automatically generated document checklist.

As we discussed in the fiancé(e) visa document checklist section, the document checklist that is provided by the official ACCESS UK website is a good starting point.

It does not, however, eliminate the need to familiarise yourself with Appendix FM-SE and Appendix FM 1.7.

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#6 Declare that the contents of your fiancé(e) visa application form are correct in ‘section 5’ of the online application.

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#7 Choose whether you would like to have the ‘standard’ or ‘priority’ service.

The difference between the ‘standard’ service and the ‘priority’ service is the time it will take for the Home Office to decide on your fiancé(e) visa application.

As we discussed in our fiance visa UK processing time in 2023 article, the processing time for the standard service is 3 months (on average).

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#8 Select your appointment at the visa application centre.

  “My financial documents will be more than 28 days old when I attend the visa appointment. Will this be an issue?”

Not necessarily.

What matters here is that your documents meet the Immigration Rules when you submit and pay for the online application.

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#9 Pay the Home Office fee.

As discussed in our fiancé(e) visa UK fees and costs in 2023 article, the Home Office fee for the fiancé(e) visa will cost £1,538 (this may vary according to the exchange rate).

You will not have to pay the Immigration Health Surcharge as part of your fiancé(e) visa application.

You will, however, be required to pay the Immigration Health Surcharge when you submit the FLR(M) visa application.

During your time in the UK on the fiancé visa, you will be expected to pay for NHS treatment at the point of use where such costs are payable.

It’s absolutely fine for the UK partner (or a friend/family member) to pay the online fees using their credit or debit card, although in some cases the bank will suspect that this is a fraudulent payment (in which case all that is normally required is phoning the bank to confirm that the payment is not fraudulent).

The date that the £1,538 Home Office fee is paid is known as the ‘date of application’.

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#10 You will then be sent to the VFS or TLS website, depending on the country where the application is being made from.

Shortly after the Home Office fee is paid, you will be issued a GWF number.

Make a note of this number as you will need it when you register for the VFS or TLS website.

Submit the supporting documents for your fiancé(e) visa application

It is once you have made payment for the Home Office fee that you will have a better idea of how you can submit your supporting documentation.

Remember, the relevant date that you must meet the fiancé(e) visa requirements is the ‘date of application’, which is the date that you pay the Home Office fee on the online website.

The visa application centre appointment

“What will happen when I attend the appointment at the visa application centre?”

First of all, please try not to worry too much about this appointment.

It is easy for me to say, I know, as I sit here behind my laptop, but most partners over-estimate how stressful the appointment is.

The appointment is only an administrative process – the workers at the visa centre should have no impact on the decision making of the application.

To help give you a better understanding of what to expect, I would suggest checking the VFS or TLS website (after selecting the country where you are making the application), as they normally will provide you with an overview of what happens at the appointment.

The following will generally take place at your appointment:

1 – The submission of your documents (if you choose to submit your documents this way)

We discussed several possible ways that documents can be submitted earlier in this guide.

You (the applicant) should bring your passport (that is valid & has at least one page that is blank on both sides) or travel document with you, regardless of whether you choose to submit your supporting documents at the overseas visa centre or not.

Another document that you will likely be instructed to bring is the document checklist that was provided to you on the new Access UK website.

2 – Your fingerprints and photograph will be taken

This is known as ‘recording your biometric data’.

Your fingerprints will normally be taken using a digital finger scanner.

Fortunately, since the finger scanner is digital, it will not mark your skin with any chemicals, liquids or inks.

Standard rules regarding the taking of the photograph apply. Don’t worry about this as these will be made clear to you at your appointment.

“Will I be interviewed about my relationship with my fiancé(e)?”

No.

The staff at the VFS/TLS visa centre should have no involvement in the decision making process.

Their job is solely to assist with the taking of the biometrics where required and to help submit the supporting documents (if you opt for their assisted document scanning service).

In some instances, however, you may be contacted after the application has been submitted to arrange an interview where the Home Office caseworker will ask you questions about your circumstances and/or application.

What will happen after the appointment at the visa application centre?

After submitting the supporting documentation, all you really can do is wait.

Fiancé(e) visa Frequently Asked Questions (FAQs)

Which fiancé visa UK requirement normally causes the most difficulties?

The fiancé visa UK financial requirement is by far the biggest cause of fiancé visa refusals. Because of this, you need to ensure that you are aware of all of the relevant financial requirements depending on the sources of income that you want to include.

Is original documentation required for fiancé visas?

No. The fiancé visa process has changed recently and other than the applicant’s passport, copies of supporting documentation are perfectly fine.

Is an immigration lawyer required?

No. As long as you read the relevant fiancé visa requirements, you will be able to submit your own fiancé visa application just like thousands of other partners who process their own visas. Be warned – there is quite a lot that you need to know!

How can I submit the supporting documents?

This is something that varies depending on the visa centre that you submit your application. Normally, you are provided with the option of uploading the documents or submitting the documents at either the overseas visa centre or a visa centre in the UK.

Will I be able to work?

You will not be allowed to work whilst in the UK on a fiancé(e) visa.

If you are caught working, this may have a very serious impact on your current and any future visas.

You may also be convicted in a criminal court.

You can, however, work when you extend your visa using the FLR M form.

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Will I be able to claim Public funds?

You will not be allowed to claim public funds (most UK benefits) during your time in the UK.

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What if we create little humans?

Children born in the UK to a mother or father who is British or has Indefinite Leave to Remain will be born British.

They will not have to apply with you on any future FLR M and settlement applications.

Instead, all you have to do is apply for a British passport on your child’s behalf.

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What if my partner and I split up?

Your relationship permanently breaking down will mean that you no longer satisfy the partner visa requirements.

This means that you will fail to meet the requirements for extending your visa using an FLR M form with your current partner.

It also means that the Home Office can cut short your current visa and you may be asked to return to your home country sooner than expected. 

 Want help?

As an OISC registered UK immigration law firm, we help partners with their fiancé(e) visa application every day of the week.

Other than our free online guides, we help partners in two main ways.

Firstly, we offer a full legal representation service for £2,250.

Our full legal representation is offered by Ed Lowe who has worked at the very heart of the Home Office for 20+ years. 

Secondly, we offer what we call a ‘DIY Application Pack Service‘ where, after taking down your information, we will:

• Provide you with a detailed tailored document checklist;
• Provide you with a set of tailored letter templates;
• Provide general email support for you and your partner’s fiancé(e) visa application.

Since the feedback has been so incredibly positive, we are so confident in our service that we offer a 100% money-back guarantee.