Transpondia Immigration FAQ©:
UK ImmigrationFiance Visa
The fiance visa (or proposed civil partner visa) is issued to applicants who intend to marry (form a civil partnership) a British citizen (or permanent resident). It is issued by a foreign post where the applicant has a claim to normal residence or citizenship. The visa runs for six months and during that period the applicant and sponsor are expected to marry. Once landed in the UK, the applicant cannot seek access to public funds, and is not allowed to accept employment.
The holder of a 'fiance visa' may use the NHS. Additionally, the fiance may attend courses and learning programmes.
A successful application for a fiance visa will generally include evidence, and some notes about this are given below. Care should be taken, however, because these notes are generic and may not apply to a given case. Some consulates are more rigorous than others, and some applicant profiles invite more scrutiny than others. Accordingly, this list should not be taken as authoritative.
General Notes All evidence should be in the form of originals or certified copies. UKBA also ask that each submitted document be accompanied by a photocopy of the document.
We also recommend that the applicant make a copy of the entire application package for themselves in the event that documents are lost in the post or misplaced by the consulate.
Documents submitted as evidence will be returned to the applicant once the consulate has processed them unless they are addressed to consulate or 'to whom it may concern'.
Applicant's Identification The applicant must present a valid passport with at least 6 months remaining until its expiry, and at least one full empty page where the visa can be affixed.
If the passport was not issued in the country where the application is made, it should include evidence that the applicant is normally resident in that country (i.e., a visa issued by that country for more than 6 months in duration). If the applicant cannot establish citizenship or normal residence in the country where the application is submitted, the application will fail save for extraordinary circumstances (such as refugees). An exception to this rule occurs where the Foreign Office has instructed a consulate to process applications from another country.
Some consulates will require that the national identity card (or birth certificate) be presented in addition to the passport.
And finally, the applicant's passport must be issued by an entity recognized by the UK as a legitimate sovereign government.
Applicant's Biometrics The applicant must provide evidence of biometric enrolment. This is a matter of recording one's fingerprints and photograph at an approved biometric enrolment centre. There's more information on our Biometric FAQ page.
Sponsor's Identification This 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).
If the sponsor does not have a passport, then the sponsor's original birth certificate can be substituted, although this would be considered rare.
If the sponsor is not British (or without right of abode), the sponsor's identification document should show that the sponsor has acquired permanent residence in the UK. A within-the-rules application cannot succeed if the sponsor's status is junior to permanent residence.
Evidence that the applicant and sponsor have met This would include evidence of travel, such as passport stamps and ticket receipts. Photographs together and correspondence showing the relationship is ongoing and current.
Sponsor's Confirmation If the sponsor is not accompanying the applicant to an interview, a written confirmation must be provided. This normally takes the form of a letter in which the sponsor explains his awareness and support of the application and makes it clear that he/she is present and settled in the United Kingdom (or being admitted at the same time for settlement).
Although it is not strictly necessary, a brief summary (one or two paragraphs) of the relationship can be included which addresses: [1] how and where you met; [2] how you have maintained contact; [3] the date and location of your marriage; and [4] plans you have made for living in the UK (or more specifically, why you are opting to live in the UK).
Finally, if there are exceptional circumstances about the application, or if the sponsor is seeking a concession, it should be thoroughly explained here.
Financial Standing The application must be supported by evidence which demonstrates that the applicant will not become reliant upon public funds. In the normal case, this takes the form of the sponsor/applicant (or co-sponsor) providing:
- Salary slips for at least the previous 3 months, preferably the previous 6 months; AND
- Bank statements for at least the previous 6 months; AND
- The sponsor's (co-sponsor's) employment contract (if the sponsor is not independently wealthy); AND
- 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) does not work, then the employment contract and P60 can be substituted with certified copies of the previous two years' tax returns accompanied by a notarized version of his business accounts.
If the sponsor (co-sponsor) is retired, then the employment contract and P60 can be substituted with a statement from his pension scheme.
If there are disproportionate deposits and withdrawals in the bank statements, they should be explained in the sponsor's letter.
Some consulates are reluctant to accept bank statements printed out from e-banking accounts because these can be so easily forged. Properly headed original statements can usually be obtained by visiting a branch office.
If the financial standing is marginal, and if the applicant has plans to work in the UK, a job offer letter can be included to bolster the application's strength; and failing all other evidence, the applicant may attach a CV (or academic credentials) which demonstrate favorable prospects. Note however, that this is generally the weakest form of evidence.
Accommodation (home owners) If the sponsor owns his home, he should include a certified copy of the deed showing this. If the sponsor has a mortgage, the appropriate entry from the Land Registry should be provided, and the mortgage payments should appear in the bank statements.
Accommodation (renters) If the sponsor rents a flat or house, 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 that attests to his agreement that the premises will be occupied by an additional person. 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 showing intent to renew at the same terms should be provided.
Accommodation (sharing a house with others and co-sponsors offering accommodation) If the sponsor and the applicant intend to live in an accommodation with multiple occupants, the information shown for renters should be provided. Additionally, the applicant and sponsor should show that they will have exclusive access to a bedroom which is not used by anyone else. A bedroom is a room which is normally used as such and kitchens, bathrooms, and utility rooms do not qualify. A bedroom can be a family room or study which has been converted for exclusive access. Finally, a bedroom must be at least 50 square feet in dimension.
Additional Notes on Accommodation For additional notes on meeting the accommodation requirement, click here.
Intervening Devotion If the applicant and sponsor have been separated for a lengthy period of time before the application is submitted (for example, longer than 3 or 4 months), then evidence of intervening devotion should be included. This would normally take the form of telephone records or other forms of electronic communication. If the couple have lived separately for a longer period, travel receipts can be used to show that contact has been continual and proportionate.
If a prolonged separation is the result of mobility issues (which would include military duties or other foreign assignments), this would take the form of assignment letters or similar documentation.
When submitting email or instant messenger logs, it is important to bear in mind that intervening devotion means evidence of contact and not an exhaustive transcript of each on-line session.
NOTE: Correspondent Molly Moggs has contributed an article on intervening devotion. More...
Applicant's Social Skills If the applicant is not from an English speaking country, or otherwise exempt, they must sit an English language test and include the results with their application.
Marital History If the applicant/sponsor have a prior marriage, they must include their divorce certificates (or death certificates in the case of widowers). If divorce certificates cannot be produced, the applicant/sponsor must provide evidence that the divorce would be recognized in the UK as legitimate.
If the sponsor or applicant has been in a relationship "akin to marriage", documentation should be provided that shows that the prior relationship has permanently broken down or in some other way permanently dissolved.
Movement of Children If children are to accompany the applicant, evidence should be given that their movement will not violate the Hague Convention (or other treaty which the UK is a party to). This normally takes the form of a sole custody document, or a notarized statement from the other parent. We have provided a sample here.
Applicants/Sponsors with a large difference in ages The rules do not state that the applicant and sponsor must be within a certain age differential, but if there is a disproportionate age difference (for example, more than 25 - 30 years), additional care needs to be taken
Tuberculosis test The Foreign Office maintains a list of countries in which a tuberculosis test must accompany the application.
Immigration History If the applicant has an immigration history which reflects unfavorably upon the credibility of the application, professional advice should be sought.
Other Credibility Problems If the applicant or sponsor have reason to believe that their application may suffer from credibility problems (i.e., a sham marriage), professional advice should be sought.
The Fiance Visa Checklist
This is a representative 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 or onine equivalent: Settlement, Marriage), photo and fee
- Applicant's passport
- Evidence of sponsor's immigration status in UK (sponsor's passport)
- Sponsor's Long Form (A4) birth certificate (if passport not available), 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
Other Notes
Do you intend to work the UK?
Over the years, this question on the VAF4 form has been regarded as suspect by fiances because fiances are not allowed to work, and the natural reaction is to treat this as a "trick question". To be fair, however, the VAF4 form is designed to accommodate a large variety of applicants and many of these are entitled to work from the moment they arrive in the UK. More to the point, this information is valuable in assessing a couple's financial viability, and this is why the question appears on the form.
If you have a skill, or if you plan to work after you are married, you can indicate this by checking the "YES" box and including a statement like "...Once my immigration status permits work, I will seek employment as a hairdresser (etc)..." and provide a summary of your experience and credentials.
When did you first meet your sponsor? When did your relationship begin?
This question refers to the first time you met your sponsor in person, and not the first time you "met" on the internet. In the traditional view maintained by many ECO's, people first meet in person and a relationship ensues sometime after that. In a contemporary view that embraces the internet, people begin a relationship before they actually meet in person. We suggest sticking with the traditional view for this series of questions whilst simultaneously not concealing anything of relevance.
Have you lived with your sponsor in a relationship like a marriage...?
This question has also been treated with suspicion by fiances, and shouldn't be. This information helps the ECO determine if the marriage is a sham or not. In a sham marriage, the two parties typically have no history of cohabitation. If you have cohabited (lived together), even for a holiday or short visit, it is worth recording it here. Of course this question is not the sole determinant of a sham marriage, and if you have no history of co-habitation with your fiance, it should be recorded here honestly.
To follow up on this information, check our Internet Resources page...
Reviewed 9 May 2012
