Visa and Immigration Information

There are strict immigration laws for many countries when bringing a foreign fiancé or partner into your country to marry and settle

We have detailed below some of the definitions and requirements for three of the most popular countries, the USA, UK and Australia.

However, please view this as general information ONLY, and NOT as legal advice. We strongly recommend that if the time should come when you would want your potential partner to visit you in your home country that you visit the visa and immigration services website for your relevant country to ensure that you are informed and current on the latest legal requirements.

USA

The K-1 Visa, also known as the K1 Fiancée Visa, may be used by United States citizens who wish to bring their prospective husbands or wives to the United States with the intention of getting married. Minor children of fiancées can also accompany them to the United States as they can be issued K-2 Visas. The U.S. citizen must file a petition with the USCIS on behalf of the foreign fiancée. After the petition is approved, the fiancée can obtain a K-1 Fiancé Visa. The K-1 Visa is issued at a U.S. embassy or consulate abroad.

The marriage must take place within 90 days of the fiancée entering the United States. Until the actual marriage takes place, the fiancée is considered a non-immigrant. A non-immigrant is a foreign national seeking to temporarily enter the United States for a specific purpose.

A fiancée may not obtain an extension of the 90-day original non-immigrant admission. After the marriage takes place, the foreign national may apply for Green Card through Marriage to become a United States citizen.

The K-1 Fiancée and Fiancé Visa Application Guide is an informative and comprehensive guide to the K-1 Visa and contains everything an individual needs to know in order to successfully apply.

You can download this guide or find more on this visa category here:
https://www.usimmigrationsupport.org/k1-visa.html

United Kingdom

People who are planning to marry a British citizen or permanent resident in the UK may apply for a fiancée visa in order to do this. Unlike most other visas of its kind, there is no requirement that the applicant and the sponsor have lived together before applying.

Fiancée Visa Requirements

• The sponsor and the applicant must intend to get married within a six month period.
• They must have met each other.
• They must intend to live together permanently.
• The applicant must be able to support him/herself, or be supported by their partner, without access to public funds.
• There must be adequate accommodation in place.

Conditions of the Visa

• Successful applicants are granted a 6 month visa in which to come to the UK and get married. They are not allowed to work while on this visa.
• Applicants must then apply for a marriage visa once married, which if successful, gives them 2 years to live and work without restrictions in the UK.
• If the relationship is still continuing after this 2 year period, applicants may apply for Indefinite Leave to Remain (ILR).

Further information on the requirements of the UK Fiancée Visa can be located at:
https://assessments.visabureau.com/uk/assessment/general/default.aspx

Australia

Prospective Marriage Visa (Subclass 300)

This visa allows you to enter Australia and marry your intended fiancé within the visa's nine (9) month validity period. Your fiancé must be one of the following:

• an Australian citizen
• an Australian permanent resident
• an eligible New Zealand citizen

Who is this visa for?

This visa is for you if you want to enter Australia on the basis of your relationship with your partner. Your partner must be one of the following:

• an Australian citizen
• an Australian permanent resident
• an eligible New Zealand citizen

How much will this visa cost?

There is an application charge for this visa. This will usually not be refunded if your application is unsuccessful, or if you decide to withdraw your application after you have lodged it. The application charge covers you and all family members included in your application.

What does the visa let you do?

With this visa, you:

• must enter Australia before you marry your fiancé
• may leave and re-enter Australia as many times as you wish before your visa ceases (nine (9) months after visa grant)
• can work in Australia
• can apply for a Partner visa in Australia after you marry your fiancé
• can study, but you will not have access to government funding
• may use Australia's medical expenses and hospital care assistance scheme, Medicare, but only if you are in Australia and have already applied for a Partner visa

Visa validity period

This visa is valid for nine (9) months from the time it is granted. Further information on the requirements of the Australia Fiancée Visa can be located here:
http://www.immi.gov.au/migrants/partners/prospective/300/

Note: The above information is for general purposes only, and does NOTconstitute legal advice. It is very important that you visit the relevant country immigration website to understand your legal requirements for a fiancé visa, and ascertain whether you or your potential fiancé can comply.