If you are in a relationship with a British Passport holder or a person that is considered settled in the UK, like Irish nationals and EU nationals holding pre-settled or settled status and wish to emigrate to the UK specifically with the intention to enter a civil partnership or get married, you could qualify to apply for a Proposed Civil Partner or Fiancé Visa. However, there are very strict financial requirements that you need to meet. These requirements are identical to those of the Spousal/Unmarried Partner Visa for the UK.
How to qualify
To qualify for a Proposed Civil Partner or Fiancé Visa, you have to be in a genuine and subsisting relationship with a British Passport holder. Or a person considered to be settled in the UK.
It must be your intention to either enter a civil partnership or get married in the UK and to live together permanently as civil partners or husband and wife. As with the Spousal/Unmarried Partner Visa, you will also have to meet the strict financial requirements. You can meet these, either through the British Passport holder’s employment income in the past 12 months, coupled with a UK job offer or through the British Passport holder’s employment income with the same UK-based employer for the past six months or through cash savings, in one or both the applicant and British Passport holders’ names.
You will also need to meet other requirements when applying for this type of visa.
Length of Stay
The Proposed Civil Partner or Fiancé Visa is valid for an initial period of six months. Once you have registered the civil partnership or the wedding ceremony has taken place in the UK, you must apply for your Spousal Visa from within the UK. Your spousal visa will then be issued for a period of 2.5 years. After 2.5 years, you will have to apply to renew your visa for another 2.5 years, provided you can still prove that you are in a genuine and subsisting relationship with the British Passport holder.
Right to Work
The rules of the Proposed Civil Partner or Fiancé Visa state that you cannot work on this visa. Once you secure your UK Spouse visa, you can work without restriction.
Immigration Health Surcharge
Unlike the Spousal/Unmarried Partner Visa for the UK, there is no Immigration Health Surcharge payable with this visa. However, when you apply for the Spouse Visa, the Immigration Health Surcharge will be payable.
Indefinite Leave to Remain and Citizenship
The Proposed Civil Partner or Fiancé Visa does not lead to settlement. Only once you have applied for your Spousal Visa for an initial period of 2.5 years and once you have renewed your Spousal Visa for another 2.5 years and completed a total period of 5 years in the UK, then can you qualify to apply for Indefinite Leave to Remain. Thereafter, British Citizenship and a British Passport. At this point, you would need to prove that you are still in a genuine and subsisting relationship with the British Passport holder, amongst other requirements.
You cannot leave the UK for 180 days per rolling 12 months in the 5-year period.
How Breytenbachs can help you
If you need more information or wish to apply for the Proposed Civil Partner Visa, please contact us. Breytenbachs will be happy to assist in your application.