The UK offers a range of visas designed for specific purposes, each with its rights and restrictions. One of the more commonly sought visas in the family visa category is the Fiance Visa, which allows foreign nationals to come to the UK to marry their British partner. However, it’s important to understand the limitations of this visa, particularly when it comes to employment. In this post, we’ll provide an overview of the employment restrictions associated with the Fiance Visa and how you can transition to a visa that allows you to work legally in the UK.
Can You Work in the UK on a Fiance Visa?
In short, the answer is no. The Fiance Visa is intended for individuals who are entering the UK to marry or enter into a civil partnership with a British citizen, a settled person or a person with pre-settled status under the EU Settlement Scheme. The visa is granted for an initial period of six months, during which the primary focus must be on the marriage or civil partnership, not employment.
The UK immigration rules are structured to clearly define what each visa allows you to do. A Fiance Visa, being temporary, does not permit any form of employment, whether it is full-time, part-time, self-employment, or even voluntary work. This restriction applies to both paid and unpaid work. The purpose of the Fiance Visa is to facilitate the marriage process, not to allow the visa holder to begin their professional life in the UK.
Why Employment Is Restricted
The UK government imposes restrictions on employment for Fiance Visa holders to ensure that individuals on this visa focus solely on their intended purpose—marrying or entering into a civil partnership. Allowing work under a Fiance Visa would blur the lines between different visa categories and could complicate the immigration process.
Furthermore, because the Fiance Visa is a short-term visa, it is not designed to be a pathway to long-term residency or integration into the UK workforce. The aim is to provide a clear route for marriage or civil partnership, after which individuals can apply for a Spouse Visa, which has fewer restrictions.
What Happens If You Work on a Fiance Visa?
Engaging in any form of employment while on a Fiance Visa is a breach of UK immigration rules. This could have serious consequences for your current and future visa applications. The Home Office takes visa violations very seriously, and if you are found to be working while on a Fiance Visa, it could lead to your visa being curtailed or your application for a Spouse Visa refused.
Even seemingly innocent activities, such as unpaid internships or volunteering, could be interpreted as work, which would put you in breach of your visa conditions. For this reason, it is crucial to adhere strictly to the rules of your visa and avoid any form of employment until you have transitioned to a visa that allows work.
Transitioning from a Fiance Visa to a Spouse Visa
Once you have married your UK partner, you can apply to switch from a Fiance Visa to a Spouse Visa. This is the visa that allows you to live, work, and study in the UK with fewer restrictions. The Spouse Visa is valid for 2.5 years and can be extended for a further 2.5 years. After five years of continuous residence on a Spouse Visa, you may be eligible to apply for indefinite leave to remain (ILR), which grants you permanent residency in the UK.
To apply for a Spouse Visa, you must meet several eligibility requirements. These include providing evidence of your genuine relationship, proof of your marriage or civil partnership, meeting the financial and accommodation requirements, and satisfying the English language requirement. It is essential to ensure that your Fiance Visa has not expired before applying for a Spouse Visa, as overstaying can also lead to complications with your application.
Employment Rights on a Spouse Visa
Once you successfully transition to a Spouse Visa, you will have the legal right to work in the UK without restrictions. This includes full-time, part-time, self-employment, and volunteering. The Spouse Visa grants you more flexibility and is a stepping stone to permanent residency and full integration into UK society.
It’s important to note that while the Spouse Visa allows you to work, it does not grant access to public funds. You and your partner must be able to financially support yourselves without relying on public assistance.
Other Restrictions of the Fiance Visa
Aside from the employment restrictions, other limitations apply to Fiance Visa holders. For instance, you are not permitted to study in the UK while on a Fiance Visa. While there is no explicit ban on studying, doing so could complicate your visa application process later on, as the Home Office might view this as a breach of your visa conditions.
Additionally, Fiance Visa holders are not eligible to apply for public funds, which include benefits like housing assistance, tax credits, and other forms of government support. You must have sufficient financial resources or rely on your UK partner for support during your stay on a Fiance Visa.
Other than working in the UK, there are steps you may take to transition to living in the UK on a long-term basis, such as notifying your local council that you now reside in the UK, registering with your local doctor for medical health services and opening a UK bank account. Read more on these steps in our previous post – Fiance Visa Steps for UK Transition.
Planning for a Smooth Transition
The process of transitioning from a Fiance Visa to a Spouse Visa can be complex, but careful planning and adherence to the rules will ensure a smoother process. You must ensure your documentary evidence is in order, including proof of your marriage, financial evidence, and the English language requirement.
An experienced immigration adviser can help you navigate the process and increase the likelihood of a successful application.
How we can help
If you are unsure about any aspect of the Fiance Visa or the application process for a Spouse Visa, consider seeking legal advice. Navigating UK immigration laws can be challenging, but with the right guidance, you can make the process as smooth as possible.
If you need help with your Fiance or Spouse visa application, Whytecroft Ford is here for you. An experienced immigration adviser from our team can guide you through the entire process, from preparing your application to providing advice on UK immigration rules.
For more information, contact our friendly professionals at 0208 757 5751 or use our contact form
Frequently asked questions
No, you cannot work while on a Fiance visa. This visa is for individuals coming to the UK to marry or enter a civil partnership with a British citizen or settled person. It is valid for six months, during which employment, including paid, unpaid, or voluntary work, is not permitted.
Once you are married, you can apply to switch to a Spouse visa. The Spouse visa allows you to live and work in the UK without restrictions, including full-time, part-time, self-employment, or volunteering.
