Fiance Visa to Spouse Visa UK

Fiancé visas are issued for 6 months, to allow you to get married or enter into a civil partnership while in the UK. If you want to remain in Britain for longer, to live with your new spouse, you will need to apply for a Spouse visa.

Under the UK immigration rules, you can make an application to switch from a Fiancé visa to Spouse visa without leaving the UK, provided you do this within the 6 month visa validity period. This means that, shortly following the wedding or civil ceremony, you will need to apply to switch from a Fiancé visa to a Spouse visa if you want to start a new life with your loved one in the UK.

In this guide, we set out the eligibility and procedural requirements you will need to meet to switch to the Spouse visa from the Fiancé visa, including details of the costs and timeframes involved. We also consider the Unmarried Partner route as an alternative to getting a Fiancé visa and switching to the Spouse visa.

Given the timeframes are so narrow, there is very little room for errors or issues with your Spouse visa application.

To further complicate the process, the latest changes to the Spouse visa requirements have seen the minimum financial threshold increase substantially, with a potential further increase in the near future. As such, it is important to ensure that you are eligible under the current regulations before proceeding with your application.

For peace of mind about securing your future in the UK with your new spouse, contact us for specialist support with your Spouse visa application and give your application the best chance of success.

 

Section A: Fiancé Visa Overview

 

A Fiancé visa, officially known as a “Fiance(e) Visa,” allows an individual to enter the UK to marry their British citizen or settled partner. The primary purpose of this visa is to enable the engaged couple to be together in the UK for their marriage, after which the visa holder can apply to transition to a Spouse Visa to continue living in the country on the basis of their relationship and as the spouse of someone with indefinite status in the UK.

 

1. Eligibility Criteria

 

To be eligible for a Fiancé visa, you must meet several requirements across different categories. First, the relationship requirements mandate that both you and your partner must be at least 18 years old and must have met each other in person. Additionally, you must be in a genuine and subsisting relationship with the intention of living together permanently after marriage. It is also essential that your partner is a British citizen, has settled status in the UK, or is in the UK with refugee status or humanitarian protection.

Financial requirements also play a critical role in the eligibility for a Fiancé visa. Your partner must have an annual income of at least £29,000 or possess sufficient savings to sponsor you.

Adequate accommodation is another necessary condition. You must have suitable housing for yourself, your partner, and any dependents without relying on public funds. This ensures that you will have a stable living environment upon your arrival in the UK.

Finally, you must meet the English language requirement. This can be achieved by passing an approved English language test at the A1 level or higher. Alternatively, you can fulfil this requirement if you have an academic qualification that was taught in English and is recognised by UK NARIC as equivalent to a UK bachelor’s degree or higher. Meeting these comprehensive requirements is essential for obtaining a Fiancé visa and eventually transitioning to a Spouse Visa.

 

2. Rights and Restrictions under a Fiancé Visa

 

Under a Fiancé visa, you are granted certain rights along with specific restrictions.

Regarding your rights, you are allowed to enter the UK for six months with the primary purpose of marrying your partner. After the marriage, you have the opportunity to apply for a Spouse Visa without the necessity of leaving the UK, streamlining the transition to a more permanent residency status. During the validity of your visa, you are permitted to travel in and out of the UK; however, it is advisable to remain in the country to avoid any potential complications with your application.

On the other hand, there are several restrictions associated with a Fiancé visa. You are not permitted to work or study in the UK during this period, limiting your activities to preparing for your marriage and subsequent visa application.

You are also not allowed to access public funds or benefits, ensuring that you and your partner can support yourselves financially. The Fiancé visa is strictly valid for six months, within which you must marry your partner. This visa cannot be extended, meaning that if you do not marry within this timeframe, you will need to leave the UK.

 

3. Switching from a Fiancé Visa to Spouse Visa

 

If you have been granted permission to come to the UK as a fiancé or proposed civil partner, it is possible to switch from a fiancé visa to spouse visa UK, provided you have been legally married or registered your civil partnership within the 6-month validity period of your visa and you apply to switch status prior to expiry of that visa.

If approved to switch to spouse visa status, provided you meet all of the relevant requirements for this route, you will be granted permission to stay in the UK for a further period of 30 months.

If you have been granted permission to come to the UK on a marriage visitor visa, you will not be able to switch to a spouse visa from within the UK. Under the rules relating to family visas, visitor visa holders cannot apply to switch to a different route while in the UK. You would instead need to leave the UK and apply for a Spouse visa from overseas.

 

Section B: Spouse Visa Overview

 

A Spouse Visa, also known as a UK Marriage Visa, allows the spouse or civil partner of a British citizen or a person settled in the UK to live with their partner in the UK. This visa is part of the Family Visa category and is intended to help families stay together in the UK.

A Spouse Visa is initially granted for 2.5 years (30 months) and can be extended, eventually leading to indefinite leave to remain (ILR) and British citizenship.

Spouse Visa holders are permitted to work and study in the UK without restrictions, and they can access the National Health Service (NHS), although a healthcare surcharge must be paid as part of the visa application.

 

1. Eligibility Criteria

 

To qualify for a Spouse Visa, several requirements must be met.

First, your partner must be a British citizen, hold indefinite leave to remain, have refugee status, or have humanitarian protection in the UK.

The relationship requirements stipulate that you and your partner must be legally married or in a civil partnership recognised in the UK. You must have met each other in person and have the intention to live together permanently. You also have to evidence that your relationship is genuine and subsisting.

Financial requirements are also crucial for eligibility. Your partner, who will act as your sponsor, must have an annual income of at least £29,000 or sufficient savings to meet this financial threshold.

Accommodation requirements must also be satisfied. You must have adequate accommodation for yourself, your partner, and any dependents without relying on public funds.

You must pass an approved English language test at the A1 level or higher, if you can not meet the English language requirement by having attained an academic qualification that was taught in English and is recognised by Ecctis as equivalent to a UK bachelor’s degree or higher, or being a national of certain English speaking countries.

 

2. Rights and Responsibilities of a Spouse Visa Holder

 

As a Spouse Visa holder, you have several important rights and responsibilities.

Regarding your rights, you have the right to reside in the UK with your partner for the duration of your visa, which is initially granted for 2.5 years. You are permitted to work and study in the UK without any restrictions, allowing you to fully integrate into the country’s economic and educational systems.

You can also access NHS healthcare services, although you are required to pay the Immigration Health Surcharge as part of your application. Furthermore, you can apply for an extension of your Spouse Visa, and after five years, you may apply for indefinite leave to remain (ILR). Once you obtain ILR, you can also apply for British citizenship.

You also have certain responsibilities as a Spouse visa holder. You must comply with all conditions attached to your visa, which includes not accessing public funds. Maintaining a genuine and subsisting relationship with your partner is essential, as this forms the basis of your visa status. You are also responsible for reporting any significant changes in your circumstances to the Home Office, such as changes in your address or relationship status. You also need to ensure that you apply for visa extensions before your current visa expires and provide all necessary documentation to support your application.

 

Section C: Differences Between Fiancé Visa and Spouse Visa

 

There are a number of important differences between the Fiancé visa and Spouse visas which applicants must understand to ensure they are following the best route to come to the UK for their circumstances.

 

1. Purpose and Duration

The Fiancé visa is a short-term visa valid for six months, allowing you to enter the UK to marry your British citizen or settled partner, while the Spouse Visa is a long-term visa initially granted for 2.5 years (30 months), allowing you to live with your partner in the UK. It can be extended, leading to indefinite leave to remain (ILR) and eventually British citizenship.

 

2. Eligibility and Requirements

While the Fiancé visa requires proof of a genuine relationship and intent to marry within six months, the Spouse visa focuses on proof of marriage and a genuine, subsisting relationship.

 

3. Financial Requirements

Both visas require meeting the financial requirement of a minimum annual income of £29,000. However, the proof of meeting this requirement may differ slightly in the application process.

 

4. Document Requirements

The Fiancé visa requires evidence of your intent to marry, proof of relationship, accommodation details, and financial stability, while the Spouse visa requires a marriage certificate, proof of ongoing relationship, financial evidence, accommodation details, and proof of English language proficiency.

 

5. Rights and Restrictions

Under the Fiancé visa, you cannot work, study, or access public funds while on a Fiancé visa. You must marry within six months and apply for a Spouse Visa before your Fiancé visa expires. With a Spouse visa, you can work and study in the UK, access healthcare services through the NHS (after paying the IHS), and have the ability to apply for an extension and eventually ILR and citizenship.

 

6. Application Process

You apply for the Fiancé visa from outside the UK, and once approved, enter the UK to marry within 6 months. A Spouse visa can be applied for from within the UK after marriage, before your Fiancé visa expires, under the switching process or from outside the UK.

 

Section D: Requirements for Spouse Visa Application

 

As with your application as a fiancé or proposed civil partner when applying from overseas to come to the UK, there are strict requirements that must be met when applying to switch to a spouse visa to be able to stay in the UK. This means that you must be able to satisfy UK Visas and Immigration (UKVI) that you are now in a legally recognised marriage or civil partnership with your UK sponsor, and not someone different, where the marriage or civil ceremony must have taken place within 6 months of your arrival in the UK.

If you are applying to stay in the UK with leave as a fiancé or proposed civil partner, where your marriage or civil partnership has not yet taken place, there must be a good reason for this, together with evidence that you will tie the knot within the next 6 months.

When submitting your visa application, either having recently wed or entered into a civil partnership or where your marriage or civil ceremony has been temporarily delayed, you must still be in lawful status in the UK under your existing grant of leave. This means that you must have submitted your application to UKVI for a spouse visa (or an extension of your fiancé visa) prior to expiry of your current visa. The relationship between you and your partner must also be genuine and subsisting, where you both intend to live together permanently in the UK as a legally married couple or as lawful civil partners.

Additional requirements when applying to switch from fiancé to spouse visa status can include meeting an English language and financial requirement, although much will depend on the nature of the evidence already supplied to UKVI when you first applied.

In the context of the English language requirement, this is identical to the requirement when applying for a fiancé visa, i.e., a basic competence in the English language to Level A1 on the Common European Framework of Reference (CEFR) for Languages. In most cases, you should automatically meet this requirement when applying to switch.

You will automatically meet the English language requirement, for example, if you are a national of a majority English-speaking country, have a UK degree or PhD, or the equivalent of a UK degree taught or researched in English. You will again meet this requirement if you have already passed a secure English language test (SELT) in both speaking and listening at CEFR Level A1. However, if you were initially exempt from the English language requirement because of a physical or mental condition preventing you from meeting this requirement, but that condition has improved, or if there were exceptional circumstances that prevented you from meeting this requirement prior to entry to the UK, there may now be a requirement to prove your English language ability when applying to switch.

When it comes to the financial requirement, you would have had to provide UKVI with evidence when applying for entry clearance that you and your proposed spouse or civil partner had a combined annual household income of at least the relevant threshold, which is currently £29,000, and under Conservative Government plans, is set to rise again to £38,700 by early 2025.

When switching to a spouse visa, UKVI will normally use the evidence provided in your initial application, although you may be asked to prove that your financial situation remains the same.

 

Section E: Supporting Documents

 

In support of your application to switch to spouse visa status, you will need to re-submit a valid passport or other valid travel ID, together with proof of your recent marriage or civil partnership and evidence that you and your spouse or civil partner are living together in the UK.

If you are not yet got married or in a civil partnership, where your plans have been delayed, you will need evidence to support the reason for this, together with proof that your marriage or civil partnership will still take place within the next 6 months.

You may also need additional documentation, depending on your personal circumstances and the nature of any evidence that you provided in support of your Fiancé visa application, including evidence that you meet the English language and financial requirements.

While the specific documents vary by application, in most cases, you will need to provide the following:

 

a. Marriage Certificate: An official marriage certificate to prove that you are legally married to your partner. If your marriage certificate is not in English, you must provide a certified translation.

 

b. Proof of Relationship: Evidence that your relationship is genuine and subsisting. This can include photographs of you and your partner together, correspondence (letters, emails, social media messages) between you and your partner, joint bank account statements and evidence of cohabitation (e.g., utility bills, rental agreements).

 

c. Financial Requirements: Proof that you and your partner meet the financial requirement, which is a minimum annual income of £29,000. Acceptable financial evidence could include payslips from employment (usually six months), bank statements showing income deposits, employment contract or a letter from the employer confirming job details, if self-employed, business accounts, tax returns, and bank statements and savings account statements if using savings to meet the requirement.

 

d. Accommodation Details: Proof that you have adequate accommodation for you, your partner, and any dependents. This can include tenancy agreement or mortgage statements, a letter from the landlord confirming that you can live in the property, property inspection report to demonstrate that the accommodation is not overcrowded.

 

e. Identity Documents: Valid passport or travel document for you and your partner and biometric residence permit (if applicable).

 

f. Immigration Status of Sponsor: Proof of your partner’s immigration status in the UK, such as a copy of their British passport, indefinite leave to remain (ILR), or refugee status documentation.

 

g. Language Proficiency: Proof of either passing an approved English language test at the A1 level or higher in speaking and listening, proof an exemption applies, or proof of an academic qualification that was taught or researched in English and is recognised by Ecctis as equivalent to a UK bachelor’s degree or higher.

 

Section F: Application Process to Switch to a Spouse Visa

 

To apply to switch from a Fiancé to Spouse visa, you must complete an online application at GOV.UK and pay the applicable fee to UKVI. You may also need to schedule an appointment at a UK Visa and Citizenship Application Services (UKVCAS) centre to re-enrol your biometric information, where you will be told if an appointment is needed when you apply.

The following steps apply:

 

Step 1: Prepare Your Documents

Gather all necessary documents to support your application. This includes your marriage certificate, proof of relationship, financial evidence, accommodation details, and English language proficiency proof.

 

Step 2: Online Application

Create a UKVI account on the Home Office website and complete the online application form. Fill in the required details, including personal information, relationship details, financial information, and accommodation details. Review the form carefully to ensure all information is correct and complete. Mistakes or omissions can lead to delays or refusals.

 

Step 3: Pay the Application Fee

Pay the visa application fee and the Immigration Health Surcharge (IHS) as part of the online application process.

 

Step 4: Schedule and Attend the Biometrics Appointment

Book and attend a biometrics appointment at a UK Visa and Citizenship Application Services (UKVCAS) centre. You will need to provide your fingerprints and photograph.

 

Step 5: Submit Supporting Documents

Submit your supporting documents either online via the UKVCAS portal or by post, depending on the instructions provided during your application.

 

Step 6: Await Decision

Wait for a decision on your application from UK Visas and Immigration (UKVI). This process can take several weeks to a few months.

 

Step 7: Provide Additional Information

If you receive a request for more information, respond promptly and thoroughly. Provide clear and complete answers to all queries and submit any additional documents requested.

 

Section G: Processing Fees and Times

 

1. Spouse Visa Fees

 

To apply to switch from a Fiancé visa to spouse visa UK, the cost is currently set at £1,048. You will also be liable to pay an annual immigration health surcharge (IHS) for the duration of your spouse visa to be able to access the UK’s National Health System.

The IHS is charged at £1,035 per year of stay. The total healthcare surcharge payable when applying to switch will therefore equate to £2,587.50 for a spouse visa granted for an initial period of 30 months.

 

2. Spouse Visa Processing Times

 

When applying to switch from a Fiancé to Spouse visa, you may be able to pay for premium processing for a faster decision.

However, if the application to switch to a spouse visa is made on or before your permission as a fiancé expires, then your leave will be protected under UK immigration laws until a decision on your application for a spouse visa is made.

The process of applying for a Spouse visa involves several phases, each with its own timeline.

In the preparation phase, gathering the necessary documents can take several weeks to a few months, depending on how quickly you can obtain them. Completing the online application form usually takes only a few hours, but it is essential to have all your documents ready before you begin.

Once you have gathered your documents, you can move to the application submission phase. The online submission and payment process can be completed in a day. After submitting your application, you need to book and attend a biometrics appointment. Appointment availability can vary, but generally, you can secure one within 1-2 weeks.

The processing time for your application depends on the service you choose. It will usually take up to 8 weeks for your application to be processed by UKVI from the date of the biometrics appointment. If you opt for priority processing, which is available in some locations for an additional fee, the processing time can be reduced to around 30 working days. For even faster results, super priority processing is available in certain cases, offering a decision within 24 hours, although this service is significantly more expensive.

Once a decision is made, you will be notified via email or post. If your application is approved, your biometric residence permit (BRP) will be issued shortly after.

In total, from preparation to decision, the entire process can take anywhere from a few weeks (with expedited services) to several months, depending on the complexity of your case and the services you choose.

 

3. Priority Processing

 

UKVI offer expedited processing for some family visa applications, such as the Spouse visa. The priority processing service costs £500 in addition to the visa application fee and aims to provide a decision within 5 working days. The super priority service costs £1,000 and aims to process by the end of the next working day after your appointment, if your appointment is on a weekday, or 2 working days after your appointment, if your appointment is at the weekend or on a bank holiday.

Premium processing may, however, be delayed if there are issues with the application, such as additional information being requested. It also does not guarantee the visa will be approved.

 

Section H: Common Spouse Visa Challenges

 

As UK immigration specialists, we come across a number of common challenges with the Spouse visa switching process, requiring specific solutions to avoid potential processing delays or refusals. These include:

 

1. Incomplete or Incorrect Documentation

Submitting incomplete or incorrect documents is a common reason for delays or refusals. Missing signatures, outdated documents, or incorrect details can all cause problems.

Double-check all documents to ensure they are complete, correct, and up to date. Use a checklist to make sure you include everything required.

 

2. Financial Requirement Not Met

Failing to meet the financial requirement can lead to application rejection. This includes not providing sufficient evidence of income or savings.

Ensure you meet the financial threshold by providing clear and thorough evidence. Include payslips, bank statements, employment letters, and any other relevant financial documents. If using savings, make sure the amount is held in your account for the required period (usually six months).

 

3. Insufficient Proof of Relationship

Lack of adequate evidence to prove the genuineness of your relationship can result in refusal. This includes not showing enough photos, correspondence, or joint financial commitments.

Include a variety of evidence to demonstrate the genuineness of your relationship. This can be photos together, travel itineraries, communication logs, joint financial commitments, and statements from friends or family.

 

4. Issues with English Language Proficiency

Not meeting the English language requirement or submitting invalid test results can be a hurdle.

Take the required English language test from an approved provider well in advance. Ensure you meet the level required and submit the correct test results.

 

5. Accommodation Issues

Providing insufficient or incorrect information about your accommodation, such as not proving it is adequate and available, can cause issues.

Provide clear evidence of your accommodation, such as a tenancy agreement or mortgage statement, and ensure it shows adequate space for all occupants.

 

Section I: Post-Application: What to Expect

 

Once you have submitted your Spouse visa application, there are several steps and stages you will go through while waiting for a decision from UK Visas and Immigration (UKVI).

After submitting your application online and attending your biometrics appointment, you will receive an acknowledgement from UKVI confirming that your application has been received and is being processed.

Your application will be reviewed by a UKVI caseworker. They will check that all necessary documents are included and that you meet the eligibility criteria. This includes verifying your relationship, financial stability, accommodation, and English language proficiency.

During the review process, UKVI may contact you for additional information or documents if they find any discrepancies or require further evidence. It will be important to respond promptly and accurately to such requests to avoid delays.

The standard processing time for a Spouse visa application is up to 8 weeks from the date of your biometrics appointment. If you have opted for priority or super priority service, the processing time will be shorter, typically around 30 working days for priority service or 24 hours for super priority service.

You will be notified of the decision on your Spouse visa application via email or post. The notification will include whether your application has been approved or denied and any further steps you need to take.

 

1. Visa Approved

 

If your application is approved, you will receive a vignette (a sticker in your passport) allowing you to enter the UK. This vignette is typically valid for 30 days, during which you must travel to the UK.

After receiving your initial grant of leave as a spouse, you can subsequently apply to extend your visa prior to expiry of your current visa.

Having lived in the UK as a spouse, civil partner or unmarried partner for a total period of 5 years, you may be able to apply for settlement. Also known as indefinite leave to remain, this will allow you to live and work in the UK without restriction.

To apply for either an extension of stay or settlement in the UK, you must apply prior to expiry of your existing grant of leave and meet all of the relevant requirements. In particular, when applying for an extension, you will need to demonstrate competence in English speaking and listening of at least CEFR Level A2. Additionally, to switch from a spouse or partner visa to settlement, you will need to demonstrate competence of at least CEFR Level B1. In either case, you may need to take a more advanced SELT to meet this requirement. When applying to settle, you must also pass a “Life in the UK” test (unless exempt) and have continuously lived in the UK for 60 months on your chosen route.

Importantly, any time spent in the UK as a fiance or proposed civil partner will not count towards the qualifying residence requirement. In contrast, if you apply to come to the UK as an unmarried partner, if eligible, any time spent living in the UK in this capacity will count.

 

2. Visa Application Denied

 

If your application to switch to a Spouse visa is refused, your letter from UKVI will explain the reason for refusal and any appeal rights, including whether you can lodge a formal appeal or request an administrative review if you believe that UKVI has made a mistake. You may also be able to submit a fresh visa application or apply for a different type of visa.

However, in the event that you receive a refusal decision from UKVI, it is always best to seek expert advice from an immigration specialist to explore your available options.

Read our guide to appealing a UK visa decision.

 

Section J: Unmarried Partner Route as an Alternative

 

In some cases, it may be preferable to apply for an Unmarried Partner visa from the outset, rather than first applying for entry clearance as a fiancé or proposed civil partner, only then to have to apply to switch to a spouse visa to enable you to live in the UK.

There are various advantages to applying for entry clearance as an unmarried partner rather than as a fiancé or proposed civil partner, even if you intend to get married or enter into a civil partnership once you are in the UK. In particular, if you apply for a partner visa from overseas, if eligible, this will not only allow you to come to the UK to get married or enter into a civil partnership, but you will be able stay for an initial period of 33 months. This means that you will not be required to apply for an extension of stay soon after the marriage or civil ceremony. You will also be able to work on this visa, where the ability to undertake paid employment is prohibited as either a fiancé or proposed civil partner.

The requirements to apply for a partner visa, when compared with those needed for a Spouse visa, are broadly the same, except for the relationship requirement. When applying for a partner visa to come to the UK, you will need to be in a relationship akin to a marriage or civil partnership, where you have already lived with that person for at least 2 years, and that person is either a British citizen or someone settled in the UK.

Importantly, to be eligible for a partner visa, while the 2-year cohabitation period must have been fully completed prior to the date of your application for entry clearance, this does not have to be completed immediately preceding that date. For example, if you and your UK sponsor are currently living apart for work-related reasons in order to meet the financial requirement, provided your relationship is genuine and subsisting at the date of your visa application, you should still meet the qualifying relationship requirement.

 

Section K: Debunking Common Myths about Switching from a Fiance Visa to a Spouse Visa

 

By debunking these myths, you can approach the process of switching from a Fiance Visa to a Spouse visa with a clearer understanding and realistic expectations.

 

Myth 1: You Must Leave the UK to Apply for a Spouse Visa

You do not need to leave the UK to apply for a Spouse Visa if you are already in the country on a Fiancé visa. You can switch to a Spouse visa from within the UK. This process, known as an “in-country” application, allows you to avoid the hassle and expense of returning to your home country to apply.

 

Myth 2: The Process is Quick and Easy

While switching from a Fiancé visa to a Spouse visa is straightforward in theory, it can be complex and time-consuming. The process involves gathering substantial documentation, meeting various requirements, and waiting for processing. It’s important to be thorough and patient, as mistakes or missing information can lead to delays or refusals.

 

Myth 3: Financial Requirements are Lower for a Spouse Visa

The financial requirements for a Spouse visa are the same as for a Fiancé visa. You must demonstrate that your UK-based partner earns a minimum income of £29,000 per year or has adequate savings to meet the financial threshold. This requirement ensures that you can support yourselves without relying on public funds.

 

Myth 4: You Can Start Working as Soon as You Apply for a Spouse Visa

You cannot start working until your Spouse visa is granted. While holding a Fiancé visa, you are not permitted to work. Only once you receive your Spouse visa can you legally take up employment in the UK.

 

Myth 5: Only Married Couples Can Apply for a Spouse Visa

While the term “Spouse visa” implies marriage, the route is in fact, open to long-term partners, including unmarried partners, who can also apply if they have been living together in a relationship akin to marriage for at least two years. This is often referred to as an “Unmarried Partner Visa.” However, if you are transitioning from a Fiance Visa, marriage is required for the switch.

 

Myth 6: Your Visa Will Be Approved as Long as You Are Married

Marriage alone does not guarantee approval of a Spouse visa. You must still meet all other requirements, including financial, accommodation, and relationship authenticity criteria. UKVI thoroughly reviews each application to ensure all conditions are satisfied.

 

Myth 7: The Application Process is the Same for Everyone

The application process can vary based on individual circumstances. Factors such as previous immigration history, complexity of the relationship evidence, and financial stability can influence the process.

 

Myth 8: Once Denied, You Cannot Reapply

If your Spouse Visa application is denied, you may have options. You can appeal the decision, request an administrative review, or address the reasons for refusal and reapply. Many applicants successfully obtain their visa on a subsequent attempt after correcting issues identified in the initial refusal. Our immigration specialists can advise on your options if you have received a Spouse visa refusal.

 

Myth 9: You Need a Lawyer to Successfully Apply

It is not mandatory to hire a lawyer, and many people successfully apply for and obtain a Spouse visa by carefully following UKVI guidelines and ensuring all documentation is complete and accurate. Given the high stakes of securing your future in the UK, especially in complex cases, applicants may opt to use professional legal services to avoid potential issues and for the best chance of achieving a positive outcome.

 

Myth 10: You Can Use Any English Language Test for the Application

Not all English language tests are accepted for visa applications. You must take an approved English language test from a recognised provider to meet the language requirement. Check the UKVI website for a list of approved tests and providers to ensure your test meets the necessary standards.

 

Section L: Summary

 

Switching from a Fiancé visa to Spouse visa requires careful planning to meet the strict timescales and avoid issues such as delayed processing, potential overstaying or a refused visa, impacting your ability to start your life in the UK with your new spouse.

For expert advice on the procedural and evidential requirements to apply for a Spouse visa, contact us.

 

Section M: FAQs about Switching from a Fiancé Visa to a Spouse Visa

 

What is the main difference between a Fiancé visa and a Spouse visa?

A Fiancé visa allows you to enter the UK to marry your partner within six months. During this time, you are not permitted to work or study. A Spouse Visa, on the other hand, allows you to live with your spouse in the UK for up to 30 months, with the possibility of renewal. It also grants you the right to work and study.

 

Can I change Fiancé visa to Spouse visa?

It is possible to switch from a Fiancé visa to Spouse visa UK, provided you have legally married or registered your civil partnership within 6 months of coming to the UK, and you apply to switch status prior to expiry of your existing visa.

 

Can I bring my fiancé to UK to get married?

You can bring your fiancé to the UK to get married, either on a marriage visitor visa or a fiancé visa, although they must switch from a Fiancé to Spouse visa if you plan to live in the UK afterwards.

 

Can I apply for a Spouse Visa before my Fiance Visa expires?

Yes, you should apply for a Spouse visa before your Fiancé visa expires. Ideally, you should apply as soon as you are married and have gathered all the necessary documentation to avoid any gap in your visa status.

 

Do I need to leave the UK to apply for a Spouse Visa?

No, if you are in the UK on a Fiancé visa, you can apply to switch to a Spouse Visa without leaving the country. This is known as an “in-country” application.

 

What documents do I need to provide when applying for a Spouse Visa?

You will need to provide your marriage certificate, proof of your relationship, financial evidence, proof of accommodation in the UK, evidence of meeting the English language requirement and your current Fiancé visa and passport.

 

How long does it take to process a Spouse Visa application?

The standard processing time for a Spouse visa application is up to 8 weeks from the date of the biometrics appointment. Priority and super priority services are available for faster processing at an additional cost.

 

What should I do if my Spouse Visa application is refused?

If your application is refused, carefully read the refusal letter to understand the reasons. You may request an administrative review if you believe there was an error in the decision, or you can appeal the decision. In some cases, it may be best to address the issues and reapply. We can advise on the options open to you in your circumstances.

 

Can I work while my Spouse Visa application is being processed?

You cannot work while holding a Fiancé visa. Once you switch to a Spouse visa and it is granted, you will be permitted to work. During the application process, you must adhere to the conditions of your current visa.

 

Do I need to meet the financial requirement again when applying for a Spouse Visa?

Yes, you need to meet the financial requirement when applying for a Spouse visa. This typically means proving that your spouse or you (if allowed to work) have a combined income of at least £29,000 per year or sufficient savings.

 

Is there an English language requirement for the Spouse Visa?

Yes, you must meet the English language requirement when applying for a Spouse visa. This can be done by passing an approved English language test at the A1 level or higher or by having an academic qualification that was taught in English and is recognised by Ecctis.

 

What happens if my relationship ends while I am on a Spouse Visa?

If your relationship ends while you are on a Spouse visa, you must inform the UKVI. Your visa may be curtailed, and you may need to leave the UK unless you can apply for a different visa category.

 

How can I extend my Spouse Visa?

You can apply to extend your Spouse visa before it expires. The extension is usually for another 30 months. You will need to provide updated evidence of your relationship, financial stability, and accommodation.

 

When can I apply for Indefinite Leave to Remain (ILR) after holding a Spouse Visa?

You can apply for Indefinite Leave to Remain (ILR) after you have lived in the UK for 5 years on a Spouse visa. You must continue to meet the financial, accommodation, and English language requirements and demonstrate that your relationship is genuine and subsisting.

 

Section N: Glossary

 

Administrative Review: A process where you can request UK Visas and Immigration (UKVI) to review a decision if you believe there was a mistake in processing your visa application.

Biometric Residence Permit (BRP): A physical card that contains your immigration status, biographic details, and biometric information (photo and fingerprints). It is issued to foreign nationals in the UK for more than six months. BRPs are being phased out by the end of 2024, and are being replaced with digital eVisas.

Fiance Visa: A type of visa that allows you to enter the UK to marry your partner who is a British citizen or has settled status in the UK. This visa is valid for six months and does not permit you to work.

Financial Requirement: A stipulation that the sponsoring partner in the UK must have a minimum income or savings to support the visa applicant without relying on public funds. For a Spouse Visa, this is typically £29,000 per year.

eVisa: An eVisa acts as digital proof of your UK immigration status. eVisas are being phased in throughout 2024.

Indefinite Leave to Remain (ILR): The status granted to individuals who have lived in the UK for a specified period and wish to remain permanently. It is a step towards British citizenship.

In-country Application: Applying for a visa or switching visa categories from within the UK, rather than applying from abroad.

Marriage Certificate: An official document issued by the government that certifies the legal marriage between two individuals.

Priority Service: An optional service offered by UKVI that expedites the processing of visa applications, typically within a shorter timeframe than standard processing.

Proof of Relationship: Documentation that demonstrates the genuineness of a relationship. This can include photos, correspondence, joint financial records, and affidavits from family and friends.

Spouse Visa: A visa that allows you to live in the UK with your spouse who is a British citizen or has settled status. It is typically valid for 30 months and can be extended.

Super Priority Service: An optional premium service that expedites the processing of visa applications to within 24 hours.

UK Visas and Immigration (UKVI): The division of the Home Office responsible for managing the UK’s visa system, including applications for visas, leave to remain, and settlement.

Unmarried Partner Visa: A visa category similar to the Spouse Visa but for couples who are not married. Applicants must demonstrate that they have been living together in a relationship akin to marriage for at least two years.

Vignette: A visa sticker placed in your passport that allows you to enter the UK. For Spouse visas, it is typically valid for 30 days, during which you must travel to the UK.

Visa Refusal: When an application for a visa is denied. The refusal letter will explain the reasons and any steps you can take, such as reapplying or appealing the decision.

Visa Validity Period: The length of time a visa is valid for, allowing the holder to stay in the UK. For a Fiance Visa, this is six months; for a Spouse Visa, it is usually 30 months.

Visa Extension: The process of applying to extend your stay in the UK under the same visa category before your current visa expires.

 

Section O: Additional Resources

 

UK Visas and Immigration (UKVI)
https://www.gov.uk/government/organisations/uk-visas-and-immigration
The official UK government site providing detailed information on visa types, application processes, and requirements.

 

Gov.UK – Family Visas
https://www.gov.uk/uk-family-visa
Official guidance on applying for visas to join family members in the UK, including Fiance and Spouse Visas.

 

Immigration Health Surcharge (IHS)
https://www.gov.uk/healthcare-immigration-application/how-much-pay
Information on the Immigration Health Surcharge, how much to pay, and who needs to pay it.

 

English Language Requirements
https://www.gov.uk/english-language
Details on the English language tests and qualifications accepted for visa applications.

 

Law Society of England and Wales
https://solicitors.lawsociety.org.uk/
A resource to find a solicitor specialising in immigration law who can provide legal advice and assistance.

 

Office of the Immigration Services Commissioner (OISC)
https://www.gov.uk/find-an-immigration-adviser
Find a registered immigration advisor to help with visa applications and other immigration issues.

 

Citizens Advice
https://www.citizensadvice.org.uk/
Offers free, confidential advice on various issues, including immigration and visas.

 

Immigration Law Practitioners’ Association (ILPA)
https://ilpa.org.uk/
An organisation providing access to expert immigration advice and resources.

 

Refugee Council
https://www.refugeecouncil.org.uk/
Provides support and advice for refugees and asylum seekers, including immigration advice.

 

Home Office – Guidance and Regulation
https://www.gov.uk/government/organisations/home-office
Official documents and guidance from the Home Office related to immigration and visas.