Following recent financial requirement changes for family visas due to take effect from 01 April 2024, many individuals are seeking to apply to bring their partners to the UK ahead of this date. There are several types of applications that can be made to bring a partner to the UK, and it can be difficult to understand which type of application your partner should make depending on your circumstances. This article outlines the different applications available so that you can decide which application is best for you and your loved one.

Marriage Visitor Visa

If your partner is living outside of the UK and you do not want to live in the UK but do wish to marry here, your partner can apply for a marriage visitor visa. This type of visa will allow your partner to visit the UK so that you can have your legal wedding ceremony or form civil partnership here.

In order to apply for a marriage visitor visa, your partner would need to meet the requirements for a standard visitor visa by showing that:

In addition, your partner must meet the following additional requirements:

The marriage visitor visa will only allow your partner to visit the UK to marry or form a civil partnership for up to 6 months and they must leave the UK prior to the expiry of their visa. This type of visa will not allow your partner to settle and live in the UK and they will not be able to apply for another type of permission to remain in the UK whilst in the UK under this type of visa.

The current application fee for marriage visitor fee is £115.

Spouse or Unmarried Partner Visa

If you and your partner are already married or are in long-term relationship and wish to live in the UK, your partner can apply for a partner visa. This type of visa must be made when your partner is outside of the UK and if successful will allow your partner to enter and reside in the UK for 33 months. This can later be extended and is a route to settlement meaning that once they have spent a specified period of time in the UK (60 or 120 months depending on whether they can continue to meet all of the requirements for this visa once in the UK), they would be eligible to apply for settlement which can then be used to apply for British citizenship if desired.

In order to apply for a partner visa, the partner in the UK must be one of the following:

To meet the definition of a ‘partner’ you and your partner must be able to show that:

OR

In addition to the above, you and your partner must be able to show that:

The current application fee for a partner visa is £1,846. Your partner would also need to pay the Immigration Health Surcharge fee.

Please see the following link for more detail on the requirements for this visa https://www.paragonlaw.co.uk/personal-immigration/individuals-and-families/spouse-and-partner-visa

Fiancé or Proposed Civil Partner Visa

If you and your partner are in engaged and you want to bring your fiancé to the UK to marry or form a civil partnership in the UK and want to continue living in the UK thereafter, your partner can apply for a fiancé or proposed civil partner visa. This type of visa must be made when your partner is outside of the UK and if successful will allow your partner to enter the UK for 6 months during which time you will be expected to marry or form a civil partnership.

Once you are married or have formed a civil partnership and prior to the expiry of their 6-month visa, they would need to make an application to remain in the UK as a spouse or civil partner. If successful, they would be granted 30 months’ permission to remain and reside in the UK. This can later be extended and is a route to settlement meaning that once they have spent a specified period of time in the UK as a spouse or civil partner (60 or 120 months depending on whether they can continue to meet all of the requirements for this visa once in the UK), they would be eligible to apply for settlement which can then be used to apply for British citizenship if desired.

In order to apply for a fiancé or proposed civil partner visa, the partner in the UK must meet the requirements noted in the above spouse or civil partner section. In addition, you and your partner must be able to show the following:

You do not need to show that you and your partner have been in a relationship together similar to marriage or a civil partnership for 2 years before applying this type of visa.

In addition to the above, you and your partner must be able to show that:

The current application fee for a partner visa is £1,846.

The current application fee for a fiancé or proposed civil partner visa is £1,846. There is no Immigration Health Surcharge fee payable here.

As above, once you and your partner are married or have formed a civil partnership and prior to the expiry of their visa, your partner would need to apply to extend their permission to be in the UK as a spouse or civil partner. The cost of the extension application is currently £1,048 and they would also have to pay the Immigration Health Surcharge fee.

The fiancé or proposed civil partner visa therefore can be more expensive in that you will be paying for the same fee as a spouse or unmarried partner visa for only 6 months and would then need to pay further fees to extend their permission to be in the UK within a short period of time. You and your partner may therefore wish to consider marrying or forming a civil partnership outside of the UK first so that your partner can apply for a spouse or civil partnership visa straight away.

Please see the following link for more detail on the requirements for this visa https://www.paragonlaw.co.uk/personal-immigration/individuals-and-families/spouse-and-partner-visa