08 Nov How to apply for a Fiancé(e)/ Proposed Civil Partner visa?

Step 1: Apply for entry clearance for Fiancé(e)/Proposed Civil Partner visa

Fiancé(e)/proposed civil partner (F/CP) visa application is only applicable to those people outside the UK. This route found under the family visa is designed to enable immigrants to come to the UK to marry or enter into a civil partnership with their UK-based partner.

Step 2: Check your eligibility

The F/CP visa has broadly similar requirements to the Spouse visa, this is because the foreign partner will need to switch to the Spouse visa after the ceremony. The visa is granted for 180 days within which the couple will need to “tie the knot”.

The immigration status of your Partner

According to the Appendix Family Visa: E-ECP.2.1., the sponsoring partner must have one of the following immigration status:

(a) Be a British Citizen in the UK

(b) Be present and settled in the UK (have been granted Indefinite Leave to Remain)

(c) Have been granted refugee leave or humanitarian protection

(d) Have limited leave (Pre-settlement status) under Appendix EU

(e) Have limited leave as a worker or business person under Appendix ECAA Extension of Stay (Turkish Businessperson or Turkish Worker)

Age of the applicant

E-ECP.2.2. The applicant must be aged 18 or over at the date of application.

E-ECP.2.3. The partner must be aged 18 or over at the date of application.

The applicant and the sponsor should be both over the age of 18 at the time of submission of an entry clearance application.

Relationship requirements

The relationship of the couple must be genuine, committed and subsisting. It must be unique and neither  the applicant nor the sponsoring partner could be in any other co-existing relationship. This would prima-facie exclude polyamorous relationships. The couple cannot be related by blood. They need to show an intention to celebrate their wedding/ entering a CP within 6 months from the grant of the visa.

E-ECP.2.4. The applicant and their partner must not be within the prohibited degree of relationship.

E-ECP.2.5. The applicant and their partner must have met in person.

E-ECP.2.6. The relationship between the applicant and their partner must be genuine and subsisting.

……

E-ECP.2.8. If the applicant is a Fiancé(e) or proposed civil partner they must be seeking entry to the UK to enable their marriage or civil partnership to take place in the United Kingdom.

E-ECP.2.9. (i) Any previous relationship of the applicant or their partner must have broken down permanently, unless it is a relationship which falls within paragraph 278(i) of these Rules; and

(ii) If the applicant is a fiancé or proposed civil partner, neither the applicant nor their partner can be married to, or in a civil partnership with, another person at the date of application.

Financial evidence

They need to comply with the required financial threshold and provide supporting evidence.

E-ECP.3.1. The applicant must provide specified evidence, from the sources listed in paragraph E-ECP.3.2., of-

(a) a specified gross annual income of at least-

(i) £18,600.

(ii) an additional £3,800 for the first child; and

(iii) an additional £2,400 for each additional child; alone or in combination with

(b) specified savings of-

(i) £16,000; and

(ii) additional savings of an amount equivalent to 2.5 times the amount which is the difference between the gross annual income from the sources listed in paragraph E-ECP.3.2.(a)-(d) and the total amount required under paragraph E-ECP.3.1.(a); or

(c) the requirements in paragraph E-ECP.3.3. being met.

E-ECP.3.3. The requirements to be met under this paragraph are-

(a) the applicant’s partner must be receiving one or more of the following –

(i) disability living allowance;

(ii) severe disablement allowance;

(iii) industrial injury disablement benefit;

(iv) attendance allowance;

(v) carer’s allowance;

(vi) personal independence payment;

(vii) Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme;

(viii) Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme; or

(ix) Police Injury Pension; and……

E-ECP.3.4. The applicant must provide evidence that there will be adequate accommodation, without recourse to public funds, for the family, including other family members who are not included in the application but who live in the same household, which the family own or occupy exclusively: accommodation will not be regarded as adequate if-

(a) it is, or will be, overcrowded; or

(b) it contravenes public health regulations.

In general, applicants could either rely on their annual gross earnings or specific savings in the amount of £62500 (or a combination of both) from a legitimate source unless their situation falls into E-ECP.3.3.

Adequate accommodation without public funds would be mandatory in all applications for Partner under Appendix: FM regardless of circumstances.

English language

Applicants need to prove their English skills at the level of at least A1 prior to applying for entry clearance unless they are exempted.

E-ECP.4.1. The applicant must provide specified evidence that they-

(a) are a national of a majority English speaking country listed in paragraph GEN.1.6.;

(b) have passed an English language test in speaking and listening at a minimum of level A1 of the Common European Framework of Reference for Languages with a provider approved by the Secretary of State;

(c) have an academic qualification which is either a Bachelor’s or Master’s degree or PhD awarded by an educational establishment in the UK; or, if awarded by an educational establishment outside the UK, is deemed by Ecctis to meet or exceed the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, and Ecctis has confirmed that the degree was taught or researched in English to level A1 of the Common European Framework of Reference for Languages or above; or

(d) are exempt from the English language requirement under paragraph E-ECP.4.2.

E-ECP.4.2. The applicant is exempt from the English language requirement if at the date of application-

(a) the applicant is aged 65 or over;

(b) the applicant has a disability (physical or mental condition) which prevents the applicant from meeting the requirement; or

there are exceptional circumstances which prevent the applicant from being able to meet the requirement prior to entry to the UK.

Intension to live together

E-ECP.2.10. The applicant and partner must intend to live together permanently in the UK.

The couple will need to persuade the Home Office that they intend to be based in the UK in the future. This is also required for the Spouse visa application.

Step 3: Submit application outside the UK

Step 4: Enter the UK and prepare for marriage

You should plan to marry/enter a CP with your partner as soon as feasible.

E-LTRP.1.11. If the applicant is in the UK with leave as a Fiancé(e)(e) or proposed civil partner and the marriage or civil partnership did not take place during that period of leave, there must be good reason why and evidence that it will take place within the next 6 months.

E-LTRP.1.12. The applicant’s partner cannot be the applicant’s Fiancé(e)(e) or proposed civil partner, unless the applicant was granted entry clearance as that person’s Fiancé(e)(e) or proposed civil partner.

If your marriage does not take place before your Fiancé(e)/CP visa expires, you can try to extend your stay by clarifying the circumstances that prevented you from marrying as well as submitting supporting evidence – however a decision on the extension would be based on the discretion of the Home Office and it is not a guarantee.