Can I apply for a UK fiance visa if …?
First of all receiving public funds does not mean working. Public funds are benefits and it illegal for any immigrant to claim most benefits until they have indefinite leave to remain i.e. they are legally settled. A fiance visa is only for those who are applying to enter the UK and do not already have entry clearance on any other basis. As you are already legally resident in the UK on a work permit, you must first apply for a certificate of approval as you are subject to immigration control. The CoA system is being removed late 2010 or early 2011, but no announcements have been made as to what will replace it. At the moment you must still apply for one before you marry as the registrar will need to see either proof that you are a UK/EEA citizen, legally settled in the UK, have a fiance visa or a CoA to be able to book the ceremony. A CoA is free. http://www.ukba.homeoffice.gov
