Legal jargon is designed to be precise, not easy to understand. When you read government guidance on “Appendix FM” or “I-129F petitions,” it is easy to feel overwhelmed. However, at its core, the eligibility for a wedding visa boils down to four simple questions: Are you real? Can you afford it? Are you safe? And are you free?
This article strips away the legalese to explain the eligibility criteria for a wedding visa in simple, plain English.
1. The “Free to Marry” Criterion
This seems obvious, but it is the most common technical hurdle. You cannot be married to two people at once.
- The Rule: Both you and your partner must be single.
- The Proof: If you have never been married, you’re fine. If you have been married, you need a divorce certificate (Decree Absolute) or a death certificate.
- The Catch: “Separated” is not “Divorced.” Even if you haven’t seen your ex for 10 years, if you don’t have the legal paper dissolving the marriage, you are ineligible. You must finalize the divorce before you apply.
2. The “Genuine Relationship” Criterion
Governments are terrified of “Green Card Marriages” (marrying just for citizenship). You must prove your love is real.
- The Rule: You must have met in person (usually within the last 2 years). Online dating doesn’t count until you physically meet.
- The Proof: This is a portfolio of evidence. Chat logs, Skype call durations, money transfers, and photos of you together.
- The Catch: Arranged marriages are allowed, but “proxy” marriages (where you weren’t in the room) are often rejected unless you have consummated the marriage or met since.
3. The Financial Criterion (The Money Test)
The host country wants to know you won’t claim welfare benefits (public funds).
- The Rule: The “Sponsor” (the citizen) usually has to earn a certain amount. In the UK, this is currently £29,000 per year (subject to regular increases). In the US, it is 100-125% of the federal poverty guidelines.
- The Proof: Payslips, bank statements, and employer letters.
- The Catch: Cash jobs often don’t count. If you don’t pay tax on it, the immigration officer won’t recognize it as income. Furthermore, third-party support (parents promising to help) is rarely accepted for the initial visa application in the UK, though it is more flexible in the US.
4. The Accommodation Criterion (The Housing Test)
You need a suitable place to live.
- The Rule: You must have a room for your exclusive use. You cannot sleep on a friend’s couch.
- The Proof: A tenancy agreement, mortgage deed, or a letter from the homeowner.
- The Catch: Overcrowding. There are strict laws on how many people can live in a house based on the number of rooms. If bringing your partner exceeds this limit, you will be refused.
5. The English Language Criterion
Integration is a key policy goal for most Western governments.
- The Rule: The applicant must show they can speak and understand basic English.
- The Proof: A pass certificate from an approved test provider (like IELTS or Pearson).
- The Catch: You cannot just “speak English” to the officer. You must have the specific certificate from the specific list of approved providers. A degree from a non-English university doesn’t count unless validated by a specific agency (like Ecctis).
6. The Character Criterion
This checks your history.
- The Rule: You must not be a threat to national security or public safety.
- The Proof: Criminal record checks or police certificates from any country you have lived in for more than 6 months in the past 10 years.
- The Catch: Honesty. If you were arrested for shoplifting 15 years ago and don’t declare it, you will be refused for “deception,” which is much worse than the crime itself.
Summary
Eligibility is a checklist, not a sliding scale. You cannot make up for a lack of income with “extra love.” Before applying, go through these four pillars—Freedom, Relationship, Money, and Housing—and ensure you have a piece of paper to prove each one.