Fiance(e)s and proposed civil partners
Fiance(e)s and proposed civil partners
289AA. Nothing in these Rules shall be construed as permitting a person to be granted entry clearance, leave to enter or variation of leave as a fiance(e) or proposed civil partner if either the applicant or the sponsor will be aged under 21 on the date of arrival of the applicant in the United Kingdom or (as the case may be) on the date on which the leave to enter or variation of leave would be granted.
Requirements for leave to enter the United Kingdom as a fiance(e) or proposed civil partner (i.e. with a view to marriage or civil partnership and permanent settlement in the United Kingdom)
290. The requirements to be met by a person seeking leave to enter the United Kingdom as a fiance(e) or proposed civil partner are that:
(i) the applicant is seeking leave to enter the United Kingdom for marriage or civil partnership to a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; and
(ii) the parties to the proposed marriage or civil partnership have met; and
(iii) each of the parties intends to live permanently with the other as his or her spouse or civil partner after the marriage or civil partnership ; and
(iv) adequate maintenance and accommodation without recourse to public funds will be available for the applicant until the date of the marriage or civil partnership ; and
(v) there will, after the marriage or civil partnership, be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and
(vi) the parties will be able after the marriage or civil partnership to maintain themselves and any dependants adequately without recourse to public funds; and
(vii) the applicant holds a valid United Kingdom entry clearance for entry in this capacity.
290A. For the purposes of paragraph 290 and paragraphs 291 - 295, an EEA national who holds a registration certificate or a document certifying permanent residence issued under the 2006 EEA Regulations (including an EEA national who holds a residence permit issued under the Immigration (European Economic Area) Regulations 2000 which is treated as if it were such a certificate or document by virtue of Schedule 4 to the 2006 EEA Regulations) is to be regarded as present and settled in the United Kingdom.
Leave to enter as a fiance(e) or proposed civil partner
291. A person seeking leave to enter the United Kingdom as a fiance(e) or proposed civil partner may be admitted, with a prohibition on employment, for a period not exceeding 6 months to enable the marriage or civil partnership to take place provided a valid United Kingdom entry clearance for entry in this capacity is produced to the Immigration Officer on arrival.
Refusal of leave to enter as a fiance(e) or proposed civil partner
292. Leave to enter the United Kingdom as a fiance(e) or proposed civil partner is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival.
Requirements for an extension of stay as a fiance(e) or proposed civil partner
293. The requirements for an extension of stay as a fiance(e) or proposed civil partner are that:
(i) the applicant was admitted to the United Kingdom with a valid United Kingdom entry clearance as a fiance(e) or proposed civil partner; and
(ii) good cause is shown why the marriage or civil partnership did not take place within the initial period of leave granted under paragraph 291; and
(iii) here is satisfactory evidence that the marriage or civil partnership will take place at an early date; and
(iv) the requirements of paragraph 290 (ii)-(vi) are met.
Extension of stay as a fiance(e) or proposed civil partner
294. An extension of stay as a fiance(e) or proposed civil partner may be granted for an appropriate period with a prohibition on employment to enable the marriage or civil partnership to take place provided the Secretary of State is satisfied that each of the requirements of paragraph 293 is met.
Refusal of extension of stay as a fiance(e) or proposed civil partner
295. An extension of stay is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 293 is met.