FIANCE VISA & PROPOSED CIVIL PARTNER

Looking for a highly credible Immigration Lawyer in London for Fiancé Visa & Proposed Civil Partner Visa application? At Chauhan Solicitors you shall get 100% accurate UK Immigration advice and a promising customer service.

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Who can apply for Fiancé Visa?

Fiancé Visa & Proposed Civil Partner visa is for Overseas national who are engaged to a British Citizen, a person having settled status (Indefinite Leave to Remain), Humanitarian Protection or Refugee leave in the UK. Fiancé & Proposed Civil Partner when wish to get married in the UK must apply for Fiancé Visa & Proposed Civil Partner visa in order to obtain fiancé visa to enter the UK for the marriage ceremony and later apply for settlement. There are several requirements which need to be met to qualify for this Fiancé Visa & Proposed Civil Partner visa and if often occurs that a trivial mistake does the damage and may result in the refusal of the Fiancé visa application.

If your Fiancé Visa & Proposed Civil Partner application is successful, you will be granted leave for up to 6 months. It is expected that marriage arrangements shall be finalized within those 6 months period. After the marriage, the Fiancé or Proposed Civil Partner applicant will then be able to switch to leave as a spouse of a British citizen or settled person.

REQUIREMENTS FOR FIANCÉ VISA APPLICATION

Relationship Requirements

The Fiancé Visa applicant and their sponsor need to provide evidence that both of them are above 18 years of age, are not within prohibited degree of relationship, have met in person, are in a genuine and subsisting relationship and intend to live together permanently.

 Financial Requirements for Fiancé Visa

The Fiancé Visa applicant and their sponsor must provide evidence of having earned at least £18,600 in the last 12 months plus an additional £3800 for the first child and an additional £2400 for each additional child (if children are also applying to come with the applicant). This amount can be earned through employment / self-employment of the partner in the UK or through one of the following specified sources of incomes.

  • They may also use their savings which have been maintained for over 6 months’ period. The first £16000 of savings is not counted while the rest of the balance needs to be divided by 2.5 to come up with a figure that can be used towards fulfilling the requirement of £18,600 for Fiancé Visa application.
  • They may also use their specified pension income.
  • They may also make use of maternity allowance or bereavement income received by the partner of the applicant in the UK.
  • Other specified income of the applicant or their partner.

When are you exempt from meeting the financial requirements in a Fiancé Visa Application?

The Fiancé Visa applicant does not need to provide any specific level of earnings only if their partner is in receipt of one or more of the following:

  • Disability Living Allowance
  • Severe Disablement Allowance
  • Industrial Injury Disablement Benefit
  • Attendance Allowance
  • Carer’s Allowance
  • Personal Independence Payment

The sponsor would however need to provide evidence of having adequate funds for the maintenance and accommodation without recourse to public funds.

Please note in addition the funds for maintenance, the sponsor also needs to provide evidence confirming that there is adequate accommodation available for the Fiancé Visa applicant.

English Language Requirements for Fiancé Visa

Unless, exempt due to being over 65 years of age, disability (physical or mental) or other exceptional circumstances, the Fiancé Visa applicant also needs to provide evidence that either:

  • Has passed an approved English language test at A1 level
  • Is a national of one of the specified English speaking countries
  • Has passed Bachelors or Masters or PHD degree which was taught in English.

Once the Fiancé Visa application is approved, the Fiancé is given entry clearance for six months and will therefore be allowed to enter the UK to get married and settle down in the UK. The marriage needs to take place within the six months period and the Fiancé can then switch to a spouse visa while remaining in the UK.

REFUSAL OF FIANCÉ VISA APPLICATION

Following are the main reasons of refusal of fiancé visa application:

  1. Insufficient Documentary evidence relating to Financial requirement
  2. Insufficient documentary evidence relating to subsistence of relationship
  3. Adverse Immigration history of the Fiancé Visa applicant

Financial Requirement for Fiancé Visa application

The Immigration Rules regarding financial requirement for fiancé visa application are quite complex. It is extremely important to select the correct options of source of earnings as some sources of earnings cannot be combined to meet the financial requirement for Fiancé Visa application. For example, self-employment income cannot be combined with the savings. Quite often, the applicants make assumptions in respect of the acceptability of the documents relating to a particular source of earnings and that often leads to disappointments. For example, if the applicant is working for a company run by his spouse or a relative, he would need to provide evidence of the company’s finances in addition to his employment documents. Every Fiancé Visa application case is different and it is strongly advised to seek legal help in such matters.

It is extremely important to provide all the required documents or information with the fiancé visa application, as otherwise one may have to either make a fresh application and pay the hefty fees once again or lodge appeal against the refusal decision of Fiancé Visa and wait for a prolonged period of time to have the decision overturned in appeal.

Subsistence of Relationship for Fiancé Visa application

The Visa officer is quite keen to see whether the relationship is genuine and subsisting and expects to see a wealth of documents confirming the genuineness and subsistence of relationship. A large number of Fiancé Visa visa applications are refused for this reason alone.

Adverse Immigration History of the Fiancé Visa applicant

The immigration history of the Fiancé Visa applicant also gets relevant if the Fiancé has been refused for any other visa application earlier and the Home Office scrutinizes Fiancé Visa applicant cautiously to assess the genuineness of the relationship.

APPEAL AGAINST REFUSAL OF FIANCÉ VISA APPLICATION

An application for Fiancé Visa application attracts full rights of appeal. It is extremely important to provide all the required documents or information with the Fiancé visa application, as otherwise one may have to either make a fresh application and pay the hefty fees once again or lodge appeal against the decision and wait for a prolonged period of time to have the decision overturned.

It is mandatory for the Home Office to give reasons of refusal along with the notice of decision and to inform the applicant about their rights of appeal, if applicable. The reasons of refusal shall disclose all the issues / concerns of the Home Office which have been identified by the Visa officer or the Home Office on the basis of the information / documents provided by the applicant or the information already held on record by the home office.

Time to Lodge Appeal against refusal of Fiancé Visa application

The applicant has 14 calendar days to lodge appeal to the First Tier Tribunal (Immigration & Asylum Chamber) or 28 calendar days if the applicant is based overseas. The Immigration Tribunals are quite strict in adherence to the time limits and one has to give a good reason, in case of any delays

Grounds of Immigration Appeal against refusal of Fiancé Visa application

One has to carefully consider and draft the grounds on which he may rely in his immigration appeal. This is an opportunity for the appellant to address all the concerns and issues raised in the notice of decision and the reasons of refusal of the immigration application. It would also be useful to refer to the information or the documents already provided with the said application and highlighting any relevant sections and provide a detailed explanation addressing the issues.

Drafting grounds of appeal for Fiancé Visa application is a specialized area of immigration work and should therefore be left for the experts to handle it.

Fiancé Visa Court Hearings – Bundle of Documents

Once immigration appeal is lodged along with the grounds of appeal, the Asylum and Immigration Tribunal schedules the appeal for a full court hearing.  Court hearings take place on the scheduled date and venue unless a very good reason is presented to seek adjournment of the court hearing.

The appellant or his legal representatives needs to prepare a bundle of documents for the upcoming hearing that is generally sent at least 5 working days before the court hearing. The bundle should include the witness statement of the appellant or any other witnesses that the appellant wishes to present to the tribunal, a chronology of relevant events, skeleton arguments and all the documents relevant to the issues raised in the notice of decision or the reasons of refusal.

It is really important to advise the witnesses of the appeal to be well prepared for the hearing and what to expect on the court hearing date. It has often occurred that the witnesses get confused or panic just because they were asked unexpected questions which they were not sure about or they were not advised anything about it.

Fiancé Visa Appeal Immigration Barristers

We have several renowned immigration Barristers on our panel who have won a great number of Fiancé Visa application appeals for our clients. We really trust our team of barristers in representing our clients in the First Tier Tribunals. We work in liaison with the best Immigration Barristers. It is equally important to prepare the client for the hearing at the First Tier Tribunal, advising them on what to expect on the court hearing and how to handle any unexpected questions.

Why to instruct Chauhan Solicitors to advise you on your Fiancé Visa application or refusal of Fiancé visa application

We are a city law firm, specializing in UK Immigration matters. We are located in Central London, therefore conveniently accessible to Londoners and clients in other parts of the UK. Moreover, since all the UK immigration Applications can be submitted online, it has become easier for us to take instructions from anywhere in the world. We have been advising our clients successfully to apply for Fiance Visa & Proposed Civil Partner.

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No two immigration matters can be the same. We have a tailor-made solution for every immigration matter and in order to achieve the best outcome we follow a strict strategy.

 

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We believe in giving honest & unparalleled advice to you. We work in complete confidence, as your partners, in sorting out your immigration matters. We have teamed up with the best immigration barristers who specialise in UK Immigration Laws and are well equipped to represent you in any complex immigration matter. Our excellent REVIEWS vouch for our legal competence, vast knowledge and diligent work attitude.

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Our team of best Immigration Solicitors of London are just a phone call away at 0203 514 2536 or info@chauhansolicitors.com