Fiance Visa UK 2022 Guidance | STEP-BY-STEP | Migrate (2023)

#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 visa from a UK marriage visitor visa.

The first difference is that, unlike a UK fiancé 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).

If you intend to apply for anFLR(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.

#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 otherfiance visa UK requirements in 2022, 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, in light of the significance of the visa for both you and your partner, this requirement should not be underestimated.

#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 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 2022.

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

#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.

If your English-taught degree was taught inside the UK, this can be submitted to satisfy the English language requirement.

If, however, your degree was taught outside the UK, you should include the degree certificate and certification from Ecctis (previously named UK NARIC)that confirms that the qualification meets or exceeds the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK.

Furthermore, if the qualification was not awarded from a majority English speaking country (not including Canada), then you will also have to obtain documentation from Ecctis that the qualification wastaught or researched in English to CEFR level A1.

#3If 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;
• 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.

This is not only because the test will be far too easy for you, but because you will be deemed as a “majority English-speaking national”.

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.

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

• You’re aged 65 or overwhen 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?

Depending on the country in which the applicant is applying, a Tuberculosis (TB) test may be required.If the applicant is resident of one of the following countries, then a Tuberculosis test will generally be required:

• Afghanistan, Algeria, Angola, Armenia, Azerbaijan,
• Bangladesh, Belarus, Benin, Bhutan, Bolivia, Botswana, Brunei Darussalam, Burkina Faso, Burma, Burundi,
• Cambodia, Cape Verde, Central African Republic, Chad, Cameroon, China, Congo, Congo Democratic Republic, Côte d’Ivoire,
• Democratic People’s Republic of Korea, Djibouti, Dominican Republic,
• Ecuador, Equatorial Guinea, Eritrea, Ethiopia,
• Gabon, Gambia, Georgia, Ghana, Guatemala, Guinea, Guinea Bissau, Guyana,
• Haiti, Hong Kong or Macau,
• India, Indonesia, Iraq,
• Kazakhstan, Kenya, Kiribati, Korea, Kyrgyzstan,
• Laos, Lesotho, Liberia,
• Madagascar,Malawi, Malaysia, Mali, Marshall Islands, Mauritania, Micronesia, Moldova, Mongolia, Morocco, Mozambique,
• Namibia, Nepal, Niger, Nigeria,
• Pakistan, Palau, Papua New Guinea, Panama, Paraguay, Peru, Philippines,
• Russian Federation, Rwanda,
• Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Africa, South Sudan, Sri Lanka, Sudan, Suriname, Swaziland,
• Tajikistan, Tanzania, Thailand, Timor Leste, 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 clickthis linkto find an approved Tuberculosis (TB) test centre near you.

If you are not a resident of one of the above countries, then lucky you, as getting a tuberculosis certificate can be a hassle for some.

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 both you and your partner 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.

In such a case, staying at a family or friend’s accommodationwill be perfectly OK.

However, it is important to understandyou will need to show thatthere 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 2022

The fiance visa UK financial requirements in 2022 are identical to thoseapplying as a married spouse from outside the UK.

Our detailed and comprehensive fiance visa UK financial requirements in 2022guidance 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.

Honestly, it is one of the best things you can do when preparing the application.

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

You should write about the following things in your supporting letter:

• How the UK partner meets the financial requirement;
• Theaccommodationthat will be available to you and your UK partner for when you arrive in the UK;
• 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 on in this because these do not apply to the majority of partners.

It is important to check that you do not fall foul of these requirements.

It is important because if you do not satisfy one of these requirements, then your application may be refused.

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.

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

#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.

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

#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.

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

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

#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.

You MAY be refused if any of the following apply:

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

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

#3You have a bad criminal history.

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

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

Should you complete the Appendix 2 VAF4A Form?

Whilst we used to recommend that partners complete the Appendix 2 VAF4A form, ever since the introduction of the current online application form, this is something that is no longer required.

Fiance Visa Document Checklist 2022

As we will discuss below, when you complete the fiance visa UK application form in 2022, 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 benefits of Migrate’sDIY application pack service?”

• Save time – it will provide you with the relevant Immigration Rules more centred in one place;
• Save money – At £385, this is a fraction of the price if you were to pay for full legal representation;
• 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;
• 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.

The first thing to note is that the application process varies from country to country and in some cases, from visa centre to visa centre.

To get a better understanding of the visa process, you should check the VFS website or the TLS website as the vast majority of countries are covered by these two companies.

The VFS website

This website looks like this:

The VFS website covers more countries than the TLS website. If your country is not listed here, then the next step would be to check the TLS website.

The VFS website is useful for two reasons.

Firstly, it provides partners with an idea of the added value services that are available (such as the priority service).

Secondly, it provides partners with an overview of the application submitting procedure.

The TLS website

The TLS website will look like this:

Just like the VFS website, the TLS website is helpful for two reasons.

Firstly, it provides partners with an overview of the different added value services that you may decide to take advantage of.

By the way, other than the priority service, most of the added value services are pretty useless so I wouldn’t personally pay too much attention to them.

It is important to note that, even though it is a good idea to familiarise yourself with the application submitting procedure early on in your preparations, what matters is what you are told as you progress through the online website.

The reason for this is the VFS and TLS websites are not always up-to-date.

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

It is worth repeating that, whilst it is a good idea to get a good idea beforehand, what matters is what you are told as you progress through the online website.

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 relativelyconvenientmanner.

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 following documents should be brought with the sponsor if this method is used:

• 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.

Whilst it is normally OK to provide copies of original documents to be scanned (as long as they are legible copies, preferably in colour), it is important to make sure that you read the official instructions given to you regarding whether original documents must be brought (which is rather rare).

“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.

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.

It is important that, if you take advantage of this service, you should only post your documents to the address that you are specifically told of.

Like many aspects of fiancé(e) visas, the application process is something that is continually changing as the Home Office try to refine the new online application website.

Partners are normally given the option of two different levels of services for this application submitting method.

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.

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.

Option #4 – Uploading the documents to the website

Whilst we used to outright recommend against this in the past, the VFS and TLS uploading portals have both improved significantly in the previous year.

Uploading the documents is now what we generally recommend out of all of the options available.

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 2022 here.

#2 Choose ‘Appendix FM Partner”.

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

#3 Choose the country where biometrics will be provided.

In the vast majority of cases, this will be the applicant’s country of residence.

#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.

#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.

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

#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 2022 article, the processing time for the standard service is 6 months (on average) whilst the priority service has been suspended due to the Home Office’s Ukraine response.

#8 Select your appointment at the visa application centre.

“Is it a problem that my financial documents will be more than 28 days old when I attend the visa appointment?”

Not necessarily.

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

#9 Pay the Home Office fee.

As discussed in our fiancé(e) visa UK fees and costs in 2022 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 under 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’.

#10 You will then be sent to the VFS or TLS website, depending on the country in which you are making the application.

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.

There is no strict time limit regarding when you have to do this.

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.

With this being said, it is best not to delay submitting the documents too much – submitting them within one week is ideal.

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.

Click here to see an example of the VFS page for fiancé(e)s who are making their application in China.

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.

The wait is going to be agonising, I know, but there are no two ways about it.

Fiancé(e) visa Frequently Asked Questions (FAQs)

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.

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.

Just like being caught working when not allowed, getting caught claiming public funds is a criminal offence and things will not look good for your stay in the UK or any future UK visa applications.

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.

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 £1,850.

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.