Are you getting legally married to your Fiancé and want to know how to change your visa status from a Fiancé Visa to a Spouse Visa? Then you are in the right place. Here at UK Visas, our level 1 immigration advisors in the UK are experts in immigration and visa procedures and are here to help you with your UK Spouse Visa application. Read on to find out more about all the essential requirements for a successful transition.
A UK Fiancé Visa is a temporary visa that allows you (foreign nationals) to enter the UK for the purpose of marrying your British partner. Valid for up to six months, this visa is specifically designed for those who intend to marry within this timeframe. However, as a Fiancé Visa holder, you won’t be able to work in the UK and the time you spent on this visa will not count towards residency for Indefinite Leave to Remain (ILR).
A Spouse Visa, on the other hand, is a long-term visa that permits you to live, work, and study in the UK with your British spouse or partner. Initially valid for 2 years and 6 months, this visa can be extended and is crucial for those looking to establish permanent residency in the UK. Time you spent on a Spouse Visa counts towards the residency requirement for ILR, making it an essential requirement if you want to settle in the UK permanently.
Yes, you can switch from a Fiancé visa to a Spouse visa in the UK if you meet specific criteria, such as:
Your UK-residing spouse or civil partner must meet any of the following criteria in order to sponsor you:
They must be a member of Britain or Ireland
Or,
They must be settled in the UK (e.g., ILR or EUSS Settled Status)
Or,
They must hold a Turkish Worker Visa or a Turkish Business Person Visa
Or,
They must be residing in the UK as a refugee or under emergency protection
The evidence which you will be required to submit will vary from case to case. It will be yours and your partner’s responsibility to provide the required documentation.
In order to meet financial requirements for the switch, you and your Spouse will need to provide a current proof of minimum yearly income, which is presently set at £29,000.
When switching from a Fiancé Visa to a Spouse Visa, the Home Office will typically use the evidence submitted with your initial application as proof. However, you may still have to submit additional documents related to your employment status.
Here are some mandatory documents that you will need to provide with your Spouse Visa application:
You must provide proof of your relationship with your Spouse Visa application. It can be your wedding certificate, correspondence, and any evidence that supports the fact that you share a genuine connection.
Meeting financial requirements is essential for getting your Spouse Visa approved in the UK. You need to provide documents that verify your income or savings, such as bank statements, payslips, or tax returns, along with your Spouse Visa application.
You must also prove your English language skills. This can be a certificate from authorised tests or proof of degrees taught or learnt in English.
Along with the above documents, you may also need to provide additional supporting papers with your Spouse Visa application, like - evidence of residence in the UK, copies of your passport pages as well as details of your immigration status.
If you are switching from a Fiancé Visa to a Spouse Visa, you will need to prove to the Home Office that your relationship with your partner or spouse is genuine.
You can provide a valid marriage certificate or civilpartnership certificate to prove that you got married or entered into a civil partnership when you were staying in the UK on your Fiancé Visa.
You will also need to prove to the Home Office that your marriage is ‘genuine and subsisting’ and is not a sham marriage that was entered for the purpose of gaining a visa or to scam UK immigration control. Greetings cards, travel tickets, photographs and social media messages will not be considered as valid evidence as per the Gov.uk website. Therefore, you must provide strong proof that supports your claim.
Here are some documents you can provide to prove the genuineness of your relationship:
Note: Since every relationship is different, the evidence you will need to provide will vary depending on your case. However, it will be your responsibility to provide these documents with yourPartner Visa application in UK as your immigration caseworker will not carry out any investigative work to help your case.
You cannot stay in the UK once your Fiancé Visa expires, or you will breach immigration laws. Also, after it expires, you won’t be able to make a Spouse Visa application from within the country. You will have to leave the UK and apply from outside the country. Therefore, when switching from a Fiancé Visa to a Spouse Visa, you will need to do so before the expiry date of the former.
Here is how you can make a Spouse Visa application as a Fiancé Visa holder:
The application fee for a Spouse Visa is mentioned below:
An annual immigration health surcharge of £1,035 may also apply.
The processing time of your Spouse Visa application may vary based on various factors. If applying from inside the UK, the processing time is typically eight weeks. For applications made outside the UK, processing can take up to 24 weeks. For expedited processing, you can use the super priority service for an additional fee.
After submitting your application, you will be informed regarding its status. If your UK Spouse Visa application gets approved, you will be granted a visa, which will allow you to live and work in the UK for 2 years and 6 months. In case it gets denied, the Home Office will provide reasons for refusal and outline your options for appeal or reapplication.
If your UK Spouse Visa gets refused, the Home Office will explain the reason for refusal and your appeal rights in its letter. You can either make a formal appeal or apply for an administrative review if it seems a mistake has been made by the Home Office. As an alternative, you can file a new application, apply for a different kind of visa, or request a judicial review to contest the legal grounds for the denial.
Once your Spouse Visa application gets approved and you have received the visa, you will be eligible to apply for Indefinite Leave to Stay (ILR) after staying in the UK for five years. This is one of the shortest routes for obtaining ILR. However, the time you have spent in the UK on a Fiancé visa will not count towards this five-year requirement.
Here are the requirements for ILR:
You will not be subjected to immigration control after obtaining the status of Indefinite Leave to Remain in UK. Also, you will be able to apply for British citizenship after holding the ILR status for 12 months.
Switching from a Fiancé visa to a Spouse visa is an essential step for securing permanent residency in the UK. We hope this blog has helped you understand the requirements, prepare for the switch and ensure a successful outcome.
If you need personalised assistance during this process, you can consult with our IAA certified experienced immigration advisors in UK who can guide you through each step effectively. Contact us today for an immigration lawyer consultation online! We are here to help ensure your application is successful.