Switching from Fiance to Spouse Visa in the UK
(last modified December 23, 2024 @ 11:12am)
Switching from Fiance to Spouse Visa in the UK

Once you are married or have registered your civil partnership, you can apply to switch to a Spouse visa if you are already in the UK on a valid Fiance visa.

You can apply to switch from a Fiance visa to a Spouse visa before your current visa expires, provided you meet all the requirements outlined in Appendix FM.

At Vanguard Solicitors, we understand the complexities of the UK immigration system and can provide expert guidance to ensure a smooth transition from a UK Fiance visa to a Spouse visa.

If you plan to switch from a Fiance visa to a Spouse visa, contact our Spouse visa solicitors in London at 0208 616 5535 for expert legal assistance.

Table of Contents

What is a UK Fiance visa?

A UK Fiance visa allows the fiancé, fiancée, or proposed civil partner of a British citizen or settled person, to marry or enter a civil partnership in the UK.

UK Fiance visa is a short-term visa that grants you entry into the UK for up to 6 months, during which you must marry your partner or enter a civil partnership.

If you're applying for a UK family visa as a fiancé, fiancée or proposed civil partner, you and your partner must be 18 or over.

Eligibility criteria

To qualify for a Fiance visa, applicants must meet certain conditions:

  • Both, you and your partner must be at least 18 years old.
  • You must plan to marry within six months of arrival in the UK.
  • There must be an intention to settle in the UK.
  • The financial requirements must be met.
  • The relationship requirements must be satisfied.
  • The English language requirement must be fulfilled.
  • Adequate accommodation must be demonstrated.
  • Additional requirements depending on your circumstances.

Rights as a UK Fiance visa holder

  • You can stay in the UK for six months to marry or enter a civil partnership.
  • You can apply to switch from a Fiance visa to a Spouse visa from within the UK after marriage.

Restrictions as a UK Fiance visa holder

  • You cannot work or study in the UK.
  • You cannot access public funds.
  • You must marry or form a civil partnership within six months, as the visa cannot be extended.

What is a UK Spouse visa?

A UK Spouse visa, also known as a Partner visa, permits the husband or wife of a British citizen or someone with settled status to live and work in the UK.

A UK Spouse visa is typically granted for 2.5 years (30 months) and can be extended for a further 30 months.

Rights as a UK Spouse visa holder

  • You are allowed to work and study in the UK without restrictions.
  • You can access the National Health Service (NHS).
  • After 5 years of holding the Spouse visa, you may be eligible to apply for Indefinite Leave to Remain (ILR) to settle in the UK permanently.

Key differences between Fiance and Spouse visas

A UK Fiancé visa allows the fiancé, fiancée, or proposed civil partner of a British citizen or settled person to marry or form a civil partnership in the UK within six months. The Spouse visa, however, is for those already married and seeking to live in the UK with their partner long-term.

The main differences between Fiancé and Spouse visas are as follows:

1. Purpose and Duration

  • Fiance Visa: Valid for six months to allow marriage or enter a civil partnership.
  • Spouse Visa: Valid for 2.5 years, renewable, leading to ILR and British citizenship.

2. Visa Extension

  • Fiance Visa: This visa cannot be extended. After marriage, you must apply to switch to a Spouse visa if you wish to stay in the UK longer.
  • Spouse Visa: You can apply for extensions as needed before your visa expires, leading to the potential for Indefinite Leave to Remain (ILR).

3. Eligibility Focus

  • Fiance Visa: Requires proof of intent to marry or enter a civil partnership within six months.
  • Spouse Visa: Requires evidence of marriage or civil partnership and a genuine, ongoing relationship.

4. Financial Requirements

  • Both visas require meeting a financial threshold, typically £29,000 annually, but proof differs slightly.

5. Restrictions

  • Fiance Visa: No work, study, or public funds access; civil partnership or marriage must occur within six months.
  • Spouse Visa: Allows work, study, and NHS access (with IHS payment).

6. Application Process

  • Fiance Visa: Applied for from outside the UK.
  • Spouse Visa: Applied for after marriage, either from within the UK (switching) or overseas.

What are the requirements for switching from a Fiance visa to a Spouse visa in the UK?

To qualify for a UK Spouse Visa under the 5-year route, the applicant must meet all the requirements of Appendix FM of the immigration rules.

To be eligible to apply for a UK Spouse visa:

  • Both you and your partner must be 18 or older.
  • You must be legally married or in a civil partnership recognised in the UK.
  • Your spouse must be a British citizen or hold settled status.
  • Your relationship must be genuine and subsisting.
  • You must intend to live together permanently in the UK.
  • Your partner must meet the financial requirements.
  • You need suitable accommodation in the UK.
  • You must meet the English language requirement.
  • Additional requirements depending on your circumstances.

How to switch from a Fiance visa to a Spouse visa in the UK?

You must apply online on the GOV.UK website to change or switch from a Fiance visa to a Spouse visa before your current Fiance visa expires.

Here are the steps to switch from a Fiance to a Spouse visa:

  • Step 1: Assess Your Eligibility
  • Step 2: Prepare Your Documentation
  • Step 3: Complete the Online Application
  • Step 4: Pay the Required Fees
  • Step 5: Book and Attend a Biometrics Appointment
  • Step 6: Wait for a Decision
  • Step 7: Respond to Additional Requests

Step 1: Assess Your Eligibility

Before applying to switch from a Fiance visa to a Spouse visa, ensure you meet the eligibility requirements for the UK Spouse visa.

If you are unsure or have questions, consult our spouse visa solicitors in London for an eligibility assessment and guidance with your visa application.

Step 2: Prepare Your Documentation

Gather all the documents you need for your UK Spouse visa application. These usually include:

  • Your marriage or civil partnership certificate.
  • Evidence of your genuine relationship.
  • Financial documents to show you meet the income requirements.
  • Details about your accommodation in the UK.
  • Proof of your English language skills.
  • Additional documents depending on your circumstances.

Step 3: Complete the Online Application

Complete the online application form with accurate, up-to-date details about yourself, your partner, and your circumstances.

Ensure you pay the required visa application fee, book a biometric appointment and upload all the supporting documents in an acceptable format.

Step 4: Pay the Required Fees

When you apply online, you'll need to pay:

  • The Spouse visa application fee of £1,258
  • The Immigration Health Surcharge (IHS) of £2,587.50

Step 5: Book and Attend a Biometrics Appointment

Book a biometrics appointment at the nearest UKVCAS centre. There, you'll give your fingerprints and a photograph.

Step 6: Wait for a Decision

Wait for a decision on your visa application. The processing time for a UK Spouse visa from inside the UK is typically up to 8 weeks from the date of the biometrics appointment.

Step 7: Respond to Additional Requests

If Home Office UKVI asks for more information or documents, reply quickly. Make sure all answers and submissions are clear and complete.

By following these steps, you can make the switch from a fiance to a spouse visa easier. This will help avoid any unnecessary delays.

How long does it take to switch to a Spouse visa UK?

The processing time to switch from a Fiance visa to a Spouse visa in the UK typically takes around 8 weeks from the date of your biometrics appointment.

However, you may be eligible to use the "Super Priority Service" or the "Priority Service" to get a faster decision.

The processing time for a UK visa or immigration application can vary depending on several factors. All the applicants are advised to check the latest information about application processing time on the official UK government website.

How much does it cost to switch from a Fiance to a Spouse visa in the UK?

The cost to switch from a Fiance visa to a Spouse visa within the UK is currently £1,258. Additionally, you may need to pay the healthcare surcharge, which is £2,587.50 if you are staying for 2 years and 6 months.

To get a faster decision on your Spouse visa application, you can opt for the "Super Priority Service" or the "Priority Service" by paying an additional fee on top of the standard Spouse visa application fee.

Can I apply for Indefinite Leave to Remain after switching to a Spouse visa?

Yes, you can apply for settlement in the UK (known as 'Indefinite Leave to Remain') after residing continuously in the UK for 5 years on a valid Spouse visa.

You may be eligible to apply for Indefinite Leave to Remain (ILR) after switching to a Spouse visa under the 5-year route, provided you meet all the eligibility requirements.

You must continue to meet financial, accommodation, and English language requirements, and prove your relationship is genuine.

How can immigration solicitors assist with UK Spouse Visa applications?

Our immigration solicitors in London can assist with UK Spouse visa applications in the following ways:

  • Eligibility Assessment: Evaluate if the applicant meets the criteria for a Spouse visa.
  • Document Guidance: Help compile and organise necessary supporting documents (e.g., proof of relationship, financial evidence).
  • Application Preparation: Ensure the visa application form is correctly completed and submitted.
  • Advice on Financial Requirements: Advice on meeting the minimum income or savings requirements.
  • Timely Submission: Ensure the application is submitted within the appropriate timeframe.
  • Communication with Authorities:  We handle any correspondence, requests for additional information, or enquiries from the UKVI throughout the application process.
  • Follow-Up and Monitoring: We monitor the progress of the visa application and provide updates to the applicant as needed.

Contact UK Spouse visa solicitors

If you need help to switch from a Fiance visa to a Spouse visa, call our Spouse visa solicitors in Harrow, London at 0208 616 5535 or complete our contact form.

There are several ways to contact our solicitors based in Harrow, London:

FAQs about switching from a Fiance visa to a Spouse visa

A Fiance visa lets you enter the UK to marry within six months. You can't work or study during this time. A Spouse visa, on the other hand, allows you to live with your spouse in the UK for up to 30 months (renewable). It also lets you work and study.

Yes, you can switch if you marry or enter a civil partnership within six months of arriving in the UK. You must apply before your Fiance visa expires.

Yes, your fiancé can come to the UK to marry you on a Fiance visa or a marriage visitor visa. But if you plan to live in the UK after marriage, they must switch to a Spouse visa.

Yes, applying before your Fiance visa expires is essential. Try to apply as soon as you're married and have all the necessary documents. This avoids a gap in your visa status.

No, you can apply for a Spouse visa from within the UK. This is called an "in-country" application.

Here's a comprehensive UK spouse visa document checklist:

  1. Your valid passport or other travel documents
  2. Complete spouse visa application forms
  3. Marriage or civil partnership certificate
  4. Proof that your relationship is genuine & subsisting
  5. Evidence that you meet the financial requirements
  6. Proof of Adequate Accommodation in the UK
  7. Evidence that you meet the English language requirement
  8. Additional supporting documents depending on your circumstances

If your application is refused, read the refusal letter carefully. You can ask for an administrative review if you think there was an error. You can also reapply or appeal in some cases.

No, you cannot work on a Fiance visa. But, once your Spouse visa is approved, you can work in the UK.

Yes, you must meet the financial requirements again. This means a combined income of at least £29,000 annually or sufficient savings. The amount increases if you have children.

Yes, you must meet the English language requirement. You can pass an approved test (A1 level or higher) or hold a recognised academic qualification taught in English.

If your relationship ends, you must tell UKVI. Your visa may be curtailed, and you may need to apply for a different visa or leave the UK.

You can apply for an extension before your visa expires, for another 30 months. You'll need to provide updated evidence of your relationship, financial stability, and accommodation.

You can apply for ILR after living in the UK for five years on a Spouse visa. You must continue to meet financial, accommodation, and English language requirements, and prove your relationship is genuine.

References:

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