What are the Fiance Visa UK Requirements in 2024? [STEP-BY-STEP]

The fiance visa UK requirements in 2024 are as follows:

We will now discuss each of these requirements in more detail.

Please note: Fiancé(e) and proposed civil partnership visas are identical in all but name. Therefore, this article will still be relevant if you are looking to apply for a UK proposed civil partnership visa.

requirement 1

You must apply from outside the UK

In most instances, the application will need to be submitted from outside the UK.

If the sponsor (the “UK partner”) helps complete the online application form and submit the supporting documents, this does not change the fact that the application will need to be made from outside the UK.

“What is the exception to this rule?”

The exception to this is found in E-LTRP.1.11 of Appendix FM of the Immigration Rules, which states that, if an applicant has already entered the UK on a fiancé(e) (or proposed civil partnership) visa and the proposed marriage or civil partnership did not take place due to a ‘good’ reason, the applicant will be eligible to re-apply for a 6-month fiancé(e) visa extension.

In such a case, the Immigration Rules will require you to provide evidence that the marriage or civil partnership ceremony will take place within the next six months.

 “I am in the UK as a visitor. Can I apply from inside the UK?”

Those who are in the UK as a visitor can only make an out-of-country application. This includes those in the UK as a non-visa national.

In other words, visitors must return to their home country (or country where the applicant holds any type of long-term residency) and apply there as a fiancé(e) or proposed civil partner.

requirement 2

There must be an intention to marry or enter into a civil partnership in the UK.

Under GEN.1.2. of Appendix FM of the Immigration Rules, those applying for a UK fiance visa in 2024 or a proposed civil partnership visa must persuade the Home Office caseworker that they intend to enter the UK for their marriage or civil partnership ceremony to take place.

The marriage or civil partnership ceremony must occur within the 6-month fiancé(e) or proposed civil partnership visa.

requirement 3

There must be an intention to settle in the UK.

The intention to settle in the UK is something that differentiates a UK marriage visitor visa from a fiance visa.

Those who apply for a UK marriage visitor visa will have to return to their home country before the expiration of the UK marriage visitor visa – they cannot extend that visa application from inside the UK.

On the other hand, since fiancé(e) visa applicants have the intention to stay and settle in the UK, the Home Office allows UK fiancé(e) visa application to be extended whilst the applicant is in the UK by applying for an FLR(M) visa once the marriage has taken place (but before the 6 month fiancé(e) visa expires).

The applicant will not need to leave the UK whilst the FLR(M) visa application is processing – as long as the application is submitted before the expiry date of the fiancé(e) visa.

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Requirement 4

You must satisfy the UK Fiancé(e) visa relationship requirement.

The fiancé(e) visa relationship requirement can be found under “Section E-ECP: Eligibility for entry clearance as a partner – Relationship requirements’ in Appendix FM of the Immigration Rules.

To be eligible to submit an application as a fiancé(e), the applicant and sponsor must be 18 years old or over.

You must have also met your fiancé(e) in person.

The other relationship requirements are as follows:

#1 The sponsor (the “UK partner)  in the UK must be:

  • A British or Irish Citizen;
  • Present and settled in the UK;
  • Granted Settled Status under the EU Settlement Scheme;
  • From from the EU, Switzerland, Norway, Iceland or Liechtenstein with pre-settled status under the EU Settlement Scheme (& started living in the UK before 1 January 2021);
  • In the UK with refugee leave or humanitarian protection; or
  • In the UK with limited leave as a worker or business person under Appendix ECAA Extension of Stay.

#2 The applicant’s relationship with the sponsor must:

  • Be genuine and subsisting;
  • Not be within the prohibited degree of relationships (more information on this is in our detailed fiancé(e) visa UK guide here);
  • Be free from relationships with any other people (in other words, any legally recognised relationships must have broken down permanently).

requirement 5

You must satisfy the fiance visa UK financial requirement in 2024

Please note

The government intends to increase the minimum income threshold on 11 April 2024 from £18,600 to £29,000.

We discuss this in our UK Spouse & Partner Visa Financial Requirement (Minimum Income Threshold) Increase from £18,600 to £29,000 article.

The financial requirements can primarily be found in Appendix FM and Appendix FM-SE of the Immigration Rules.

For a detailed and understandable account of the financial requirement, you can read our fiance visa UK financial requirements in 2024 article.

Since the financial requirement is one of the biggest causes of refusals, you must ensure that you spend enough time familiarising yourself with the requirements.

Unfortunately, there are numerous Immigration Rules which can cause refusals – we discuss many of these in our free video series.

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Requirement 6You must satisfy the fiance visa UK accommodation requirement.

The fiancé(e) visa accommodation requirement can be found in E-ECP.3.4 of Appendix FM of the Immigration Rules.

It states that adequate accommodation must be available to all of the persons living in the household, independent of whether all of these persons are submitting a visa application.

This accommodation must be owned or occupied exclusively by your family unit.

It must also not be overcrowded or contravene public health regulations.

requirement 7

You must satisfy the English language requirement.

The English language requirement can be found under Section E-ECP: Eligibility for entry clearance as a partner – English language requirement” in Appendix FM of the Immigration Rules.

You must provide evidence that you satisfy the English language requirement in one of the following ways:

  • By being a national of a majority English-speaking country;
  • By passing an English language test in speaking and listening at a minimum of level A1 of the Common European Framework of Reference for Languages with an approved provider;
  • By holding an English-taught Bachelor’s, Masters’s or PhD degree awarded by an educational establishment in the UK;
  • By holding a Bachelor’s, Masters’s or PhD degree taught in English, awarded by an educational establishment outside of the UK, and confirmed by UK NARIC to meet the same UK degree standard;
  • By being aged 65 or over when the application is submitted;
  • By having a disability (physical or mental condition) that prevents you from meeting the English language requirement; or
  • By having ‘exceptional circumstances’ that prevent you from meeting the English language requirement (this one is generally difficult to rely on).

“What English language test is required when I extend the fiancé(e) visa?“

Whilst it is commonly said on the internet that the A2 level requirement applies when it comes to the FLR(M) application after the fiancé(e) visa application, the same English language requirement applies (A1).

You are therefore able to submit the same English language test certificate you provided when you applied for your fiancé(e) visa, as long as you apply for your FLR (M) visa before the expiration of your fiancé(e) visa.

The A2 level is only a requirement for those extending their partner visa after their first visa as a married partner.

“Should I sit a higher level English test than A1?”

If the applicant’s level of English is at an ‘intermediate‘ or ‘advanced‘ level, then you should consider taking an English language test at A2 or B1 level.

The reason for this is that in most cases, you will be able to re-use the same test certificate for subsequent visa applications (up to the Indefinite Leave to Remain & the British Naturalisation applications for those who initially sit the B1 test).

“So, what are the rules regarding expired test certificates?”

The Immigration Rules state that, as long as you have had ‘continuous leave’ since your last partner visa application,  your expired English test certificate will still be valid for application purposes in the following circumstances:

  • If the English language test certificate is past its expiry date; or
  • If the certificate is from a provider which is still approved, but the particular test taken is no longer approved; or
  • If the certificate is from a provider or a test centre which is no longer on the approved list.

You will have ‘Continuous leave’ if the date of application for the FLR(M) visa was before the expiration of the fiancé(e) visa and there are no periods of uncertain or illegal immigration status in your record.

requirement 8

You may need to satisfy the Tuberculosis (TB) requirement.

The tuberculosis requirement applies to particular fiancé(e) visa applications where the applicant is living in one of these listed countries (or has been living in one of the listed countries in the 6 months before applying).

The test generally takes the form of a chest X-ray which a doctor will review.

If you do not have TB, you will be issued a certificate which you must submit.

This certificate is valid for six months from the date of issue.

Sponsors are never required to take the TB test.

“What are the exceptions to this general rule?”

Even if the applicant has been living in one of the listed countries, they will not have to take a Tuberculosis test in the following circumstances:

  • They have the special status of being a diplomat accredited to the UK;
  • They have resided in a country where TB screening is not required by the UK for more than six months and they have not been away from that country for longer than six months.

“Do children have to take a Tuberculosis test?”

Children under the age of 11 will not usually require a Tuberculosis test, however, ultimately, this is down to the doctor at a Home Office approved clinic.

requirement 9

You must submit a valid application.

A valid application means you have followed the guidelines for your application to be passed on to the decision-making stage.

It does not mean your application has been successful and your visa has been granted.

For your visa application to be valid, you will be required to:

requirement 10You must satisfy the suitability requirements.

The relevant suitability requirements are found under the subheading “Section S-EC: Suitability-entry clearance” of Appendix FM of the Immigration Rules.

This sets out the reasons for which the application will be automatically refused.

They will, however, only apply to a minority of applications.

The application will be refused if:

  • If the Secretary of State has personally directed that the applicant’s exclusion from the UK is conducive to the public good;
  • The applicant is currently subject to a deportation order;
  • The applicant has been sentenced to a period of imprisonment for at least four years of imprisonment following the conviction of an offence;
  • The applicant has been sentenced to a period of imprisonment for at least 12 months (but less than four years) following the conviction of an offence unless more than ten years have passed since the sentence end date;
  • The applicant has been sentenced to a period of imprisonment for less than 12 months following the conviction of an offence unless more than five years have passed since the sentence end date;
  • It is undesirable to issue the fiancé(e) visa because of the applicant’s previous conduct;
  • Despite being asked to attend an interview, the applicant failed to do so;
  • Despite being asked to provide information (including physical data, a medical report or a medical examination), the applicant failed to do so;
  • The applicant has medical issues which result in it being undesirable to grant the fiancé(e) visa application;
  • A caution was issued to the applicant under s22 of the Criminal Justice Act 2003 within five years before the application end date which had a condition of the applicant leaving or being removed from the UK.

If the application falls under any of the reasons below, it may be refused.  A Home Office decision-maker will assess this on a case-by-case basis.

The application may be refused if:

  • The applicant has provided incorrect information, supporting documentation, or representations in the fiancé(e) visa application (whether the applicant knew they did or not is irrelevant);
  • The applicant did not submit important information that is relevant to the Home Office decision maker in deciding the application;
  • The applicant did not provide a maintenance and accommodation undertaking despite being asked to do so;
  • The applicant has been convicted or admitted an offence, caused serious harm or is a persistent offender who ‘shows a particular disregard for the law’;
  • The Home Office has been told of NHS charges of more than £500 which the applicant owes; or
  • Legal costs have been awarded to the Home Office for which the applicant still needs to pay.

frequently asked questions FAQs

Fiancé(e) visa requirement 2024 FAQs

#1 Which fiancé(e) visa requirement is the biggest cause of refusal?

Applications are most commonly refused because of the financial requirement.

Partners can fall short of the financial requirement for two main reasons.

Firstly, an application can be refused because of insufficient evidence (or evidence that only meets some of the document-specific rules).

Secondly, an application can be refused because the minimum income threshold is not satisfied due to the particular way that the Immigration Rules calculate income.

We discuss numerous financial requirement-related mistakes that partner visa applicants make in our free video series, so hopefully watching these videos will help you prevent from making such mistakes.

There are particular requirements with regard to the following:

  • The supporting documents;
  • The relevant financial periods;
  • How income is calculated under the different ‘categories’; and
  • What income can or cannot be combined.

Our DIY application pack service addresses this by providing you with a tailored document checklist that not only provides a clear list of the required documents but also clarifies specific Immigration Rules and how they apply to certain documents.


#2 When do the fiancé(e) visa requirements have to be met?

As we discussed in part 1 of our free video series, the fiancé visa UK requirements have to be met at the ‘date of application’, which is the date that you pay the Home Office fees on the fiancé visa UK online application in 2024.


#3 If I am unsure that all of the fiancé(e) visa requirements are met, shall I apply anyway?

If you are unsure your application meets all of the requirements of the Immigration Rules, you may decide to wait until you are sure that the requirements are satisfied.

This is because, if your application is refused because you do not meet all of the fiancé(e) visa requirements, you will:

  • Lose out on the Home Office visa fees; and
  • Have a visa refusal on your immigration record which could negatively affect subsequent UK visa applications.

#4 Does the online application website tell me the fiancé(e) visa requirements?

The fiance visa UK application form will highlight some key requirements but will not detail all of the specifications outlined in Appendix FM of the Immigration Rules.

To ensure that your application is successful, you should carefully read and follow all of the published guidance before submitting your application.


#5 Is there a requirement for the sponsor to be in the UK when the application is made?

The Immigration Rules do not require your fiancé(e) to be in the UK when the application is made.

Whilst there is a requirement for the sponsor (UK partner) to be ‘present’ in the UK, if the sponsor expresses the intention to return to the UK if the fiancé(e) visa application is approved, they will be treated as being present.

When do the fiancé(e) visa requirements have to be met?

The fiancé(e) visa requirements must be met on what is known as the ‘date of application’. This is the date that you pay the fiancé(e) visa Home Office fees.

Is there a requirement to continually satisfy the fiancé(e) requirements for the duration of the visa?

What matters is that the requirements are met on when the Home Office fees are paid on the online application. You will not have to continually meet all of the requirements for the duration of the fiancé(e) visa.

What is the most difficult fiancé(e) visa requirement?

It is without question that the most difficult fiancé(e) visa requirement is the fiancé(e) visa financial requirement. This is because the rules regarding submitting certain documents are often overlooked.

What happens if I do not meet all of the fiancé(e) visa UK requirements?

It is important to know all of the fiancé(e) visa requirements because if you do not meet all of them, your application will most likely be refused.

Want to know about the UK fiancé(e) visa process?

Our fiance visa UK timeline & process in 2024 article discusses this in depth.

This article includes a detailed video where we break down the process into 10 simple steps.

SUMMARY

It is crucial to ensure that you are fully aware of the fiance visa UK requirement in 2024 – hopefully, this article helped.

We are a fully regulated OISC immigration law firm specialising in UK partner visas and provide two main services.

Firstly, we provide full legal representation, which involves us processing your application from start to finish.

This service is primarily provided by Ed Lowe, who worked in the Home Office for 20+ years – with many of those years being as a Senior Home Office executive.

Wendy Foy and Matthew French assist Ed with our clients’ applications. Wendy and Matthew have also worked in the Home Office for many years.

Secondly, we provide a unique £435 DIY Application Pack where, after taking down your information, we will tailor-make an application pack that consists of the following:

  • A tailored document checklist(s) (which also identifies the relevant document-specific immigration rules);
  • Tailored letter templates;
  • Additional tailored written guidance; and
  • General email support.

Since the feedback has been overwhelmingly positive (the reviews of which can be seen on the DIY Application Pack page), we offer a 100% money-back guarantee.

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