UK Marriage Visa Immigration!
The United Kingdom is an attractive country to settle in, given a plethora of opportunities, high-quality education, and an improved standard of living, the UK has become a popular destination for many.
UK Fiance Visa
The Fiance Visa enables non-EEA nationals to marry into a civil partnership with a UK citizen or an individual with settled status in the country, to begin a new life in the UK. This visa has a 6-month validity, provided that you marry your partner within the 6 month validity period.
Post the expiration of your Fiance Visa, you must apply for permission to remain in the UK. A transition to the Spouse Visa is the simplest transition to make and grants the holder permission to remain a resident of the UK for another 30 months.
- Requirements for Fiance Visa Application
- Partner is British, holds indefinite leave to main or holds limited leave to remain under Appendix EU or Appendix ECAA.
- Both parties are above the age of 18, met in person, and free to marry.
- Both parties hold a genuine relationship with the intent of living together permanently in the UK.
- Intend to marry within 6 months of arrival.
- Any previous relationships have ceased to exist.
- You and your dependent will be adequately accommodated in the UK, without recourse to public funds.
- You speak and understand English to a competent and adequate level.
- Fiance Visa Financial Requirements
- In order to demonstrate and prove that you will be able to maintain your residency in the UK without recourse to public funds, you will be required to satisfy certain financial conditions by demonstrating a gross annual income of at least:
- £18,600; plus
- £3,800 for a first child (who is not British, settled, or an EEA national); plus
- £2,400 for each additional child (who is not British, settled, or an EEA national).
- You can meet the Fiance visa UK financial requirement in the following ways:
- Your partner’s salaried and non-salaried income.
- Self-employed income, pension income, insurance payments.
- Property rental income, dividends, and income from investments eg. stocks, shares, bonds, etc.
- Cash savings above £16,000, held for at least 6 months
Frequently Asked Questions (FAQs)
- What is the Visa validity period?
The UK fiance visa is valid for 6 months initially. Post the wedding, an easy transition to the Spouse category can be made without having to leave the UK. This further extends the leave to remain for a period of 30 months. The Spouse visa will have to be extended for another 30 months before it expires.
- What if I don’t get married within 6 months?
The visa can be further extended by another 6 months, provisional to furnishing a competent reason as to why the wedding did not take place within 6 months, and legible proof that it will take place in the coming 6 months.
- Can a Fiance visa holder work in the UK?
Fiance visa holders are not allowed to work in the UK.
- What are the Fiance visa processing times?
UK Visa and Immigration aim to process almost 95% of all UK Fiance visa applications within a period of 12 weeks. In the event that you need to expedite this timeline, visa application centers offer a Settlement Priority Visa Service, which will place your application at the front of the queue at every stage of the decision-making process.
- What is the application fee?
The application fee for the UK Fiance visa is currently £1,523.
- How do I satisfy the genuine relationship requirement?
You will have to furnish information such as:
- Bank statements of joint accounts’
- Documents with details of accommodation in which you and your partner have lived together.
- Birth certificates if you have conceived children with your partner.
- Information on details of the relationship, duration, how you met, and how often you see each other.
- Letter of reference from friends and family to vouch for the validity of your relationship.
Unmarried Partner Visa
The Unmarried Partner Visa, also known as the UK defacto visa, is a visa that allows you to enter and remain in the UK if you are in a relationship with an individual who is ‘settled in the UK’, which means that your partner is a resident of UK with no immigration restrictions.
Both heterosexual and same-sex relationships can apply for the Unmarried Partner Visa, provided that the relationship has been in existence for 2 or more years.
- Both parties should be above the age of 18 years and intend to live together on a permanent basis.
- All previous relationships (married or unmarried) must cease to exist.
- Availability of accommodation for both parties and dependants.
- Proof of a live-in relationship with a partner for at least 2 years, and accompanying documentary evidence.
- Unmarried or settled partner must have an annual income of at least £18,600 to be able to sponsor you, this requirement will increase in the case of dependents.
- Must satisfy English language requirements.
Frequently Asked Questions (FAQs)
- What is the duration of stay on an Unmarried Partner Visa?
It is initially issued for a period of 33 months if applying from overseas and a period of 30 months if applying from within the UK. An extension for a further 30 months can be sought bringing the total to a period of 5 years post which you will be eligible for indefinite leave to remain in the UK provided that you are still living with your partner and continue to meet maintenance requirements.
- What are the English language requirements for partners?
You are required to prove competence in reading and understanding the English language, bypassing an English language test from an approved test provider.
- Who can be categorized under a ‘dependant’?
If both parties have children under the age of 18, they can be categorized and sponsored as dependents.
EEA Family Permit Services
A non-EEA family member can join their EEA family member in the UK by applying for an EEA family permit outside of the UK, if their EEA family member is exercising their treaty rights or if the EEA family member has come to the UK with the intent of exercising treaty rights. The EEA family permit can be issued at the UK border.
The EEA Family Permit has a validity period of 6 months and entitles the visa holder to work in the UK. Post arrival to the UK, an application for an EEA Residence Card is required, this card will be issued for a period of 5 years.
- Should be a direct family of an EEA national, that is, spouse/civil partner, dependant parent or grandparents.
- Can be a direct family of British citizens, these are also known as “Surinder Singh” applications.
- Applicants with a derivative right of residence.
The application process for applying for an EEA family permit will differ on where the application is submitted and on the basis of a submission, the required supporting documentation will also depend on the applicant’s personal circumstances.
Frequently Asked Questions (FAQs)
- What documents do I need for the EEA family permit?
The documents required will depend on the location and basis of the application submitted. Mandatory documentation includes:
- Proof of Identification of the EEA national and the non-EEA applicant.
- Evidence of relationship
- Evidence of the EEA national being a “qualified person” (if in the UK).
- What is the validity of an EEA family permit?
The EEA family permit is valid for a period of 6 months and allows the family permit holder to travel to the UK.
- Can I extend an EEA family permit?
It is not possible to extend an EEA family permit, once in the UK you can apply for a residence card with a validity of 5 years. It is also possible to apply again for an EEA family permit from overseas if needed.
- Can I work on an EEA family permit?
It is possible to start working in the UK on an EEA family permit, provided that your EU sponsor is in the UK and exercising treaty rights or has permanent residence.
- What do I do if my application is refused?
If your EEA family permit application is refused, you will get the full right of appeal.
- What are the processing times for an EEA family permit?
The processing time will depend on where the application for an EEA family permit is submitted, typically the standard processing times range up to 6 months but most applications are decided within 1-3 months.
Indefinite Leave To Remain
Indefinite Leave to Remain (ILR) or permanent residency (PR) is an immigration status that grants a person the right to be admitted to the UK without any time limit on their stay and who is free to engage in commercial, business, and employment activities. A person granted the ILR status also has the settled status.
The settled status is central to Britain’s nationality law as the requirement to be registered as a British citizen requires the individual to possess the settled status.
-Legally staying in the UK for a considerable amount of time.
-Should possess no criminal records and no given breach of immigration laws during your stay in the country.
-Passing the ‘Life in the UK’ test is a must. This test is based on British Culture, traditions, and history.
-Must clear B1 level of English Language.
One can easily apply for Indefinite Leave To Remain if they have been living in the UK legally under a settlement form visa. However, you will be able to do it once you pass the minimum time threshold for that certain visa you are looking forward to.
Frequently Asked Questions (FAQs)
- How can i apply for an ILR visa? What form will I be needing?
In order to submit an application for Indefinite Leave To Remain, you will have to meet all the requirements mentioned above. Once you do so, you will need a Form SET (O) or Form SET (M).
- What are the total charges for Indefinite Leave to Remain?
The total cost will fall around £2,389 per applicant. In addition to this, it also costs £19.20 if you consider registering the concerned biometric information. However, you will have to do it anyway, as it is one of the most essential parts of the application process.
- What is an Indefinite Leave to Remain card?
An ILR card is known to be the document that you receive when you make an application to apply for an ILR.
- Can I choose to apply for an ILR after 5 years?
Yes, you can apply for Indefinite Leave to Remain after 5 years if are a resident in the UK. Although, some applicants may have to wait for over 10 years before applying for one. This entirely depends on the type of visa you have been using in order to stay in the UK.