Switching From a Fiancé Visa to a Spouse Visa UK
What is a UK Visa and UK Spouse Visa?
A Fiancé visa is a short-term visa (valid for up to six months) allowing foreign nationals to marry or form a civil partnership with their British partner. Fiancé visa holders cannot work in the UK, and time spent on this visa does not count towards residency for Indefinite Leave to Remain (ILR).
A Spouse is a long-term visa permitting foreign nationals to live, work, and study in the UK with their British Spouse or partner. Initial validity is 2 years and 6 months, after which they can be extended. Time on this visa counts towards the residency requirement for ILR.
When switching from a Fiancé visa to a Spouse visa, applicants must meet specific eligibility criteria.
For expert legal guidance for your spouses’ visa application, or for any advice regarding meeting the requirements while switching from a Fiancé visa to a Spouse visa, please get in touch with us on 0345 894 1622 or submit an online enquiry form.
Can I Switch from a Fiancé Visa to a Spouse Visa UK?
To switch to a Spouse visa in the UK, you must meet the following criteria:
- Hold a valid Fiancé, Fiancée, or Proposed Civil Partner visa.
- Have not breached any immigration rules or conditions of your current visa.
- Be married to or in a civil partnership with a British citizen or settled person (not just engaged).
- If still engaged, you must marry or form a civil partnership within six months of arriving in the UK on your Fiancé visa.
- Satisfy the good character requirement and pose no threat to the UK, with no pending criminal charges.
- Demonstrate a genuine and subsisting relationship with your partner.
- Ensure both you and your partner meet the financial requirements for sponsorship.
- Satisfy the English language requirements.
If you have any doubts or need guidance, reach out for expert legal support to ensure a smooth application process.
UK Sponsorship Requirements
In order for a UK residing Spouse or civil partner to sponsor you, they must satisfy the following:
- A member of Britain or Ireland
- A person who has settled in the UK (e.g., ILR or EUSS Settled Status)
- Holders of a Turkish Worker Visa or a Turkish Business Person Visa
- An individual in the UK who is a refugee or has emergency protection
The evidence you will need to provide may differ on a case-by-case basis.
Furthermore, it is the responsibility of the couple to provide documentation. The immigration caseworker will likely not carry out any additional research to sway the immigration decision in your favour.
Financial Requirements
In order to meet financial requirements to switch from a finance visa to a Spouse visa, you and your Spouse are required to present proof of minimum yearly income. This figure is currently set at £29,000 (or £18,600 for applications made prior to April 11, 2024).
According to immigration regulations, the Home Office will generally use the evidence submitted with your initial application when switching from a Fiancé visa to a Spouse visa in the UK. However, you may need to provide additional proof of continuous employment or self-employment.
Which Documents Are Needed?
When switching your Fiancé visa to a Spouse visa, you may need to provide certain evidence. The Home Office should already have these documents from your Fiancé visa; therefore, they may not require as many for your Spouse visa. When switching from a Fiancé visa to a Spouse visa, you may need to produce the following:
- Your current and valid passport
- Evidence of a legal relationship in the UK, such as a marriage licence or civil partnership certificate (this must be issued in the past six months)
- Evidence that you have children together and have shared responsibility of their upbringing
- Evidence that you have visited your partner or spouses’ home country
- Evidence proving you are currently working or self-employed
- Documentation showing that you and your partner live in joint residency. Examples of documentation include lease, utility bills, council tax invoice, bank statements, or medical recommendation).
- Provide proof that you have appropriate place to stay in the UK
Please note that your specific requirements will be determined on a case-by-case basis and therefore may differ from the above examples. Additionally, when submitting evidence to prove your relationship, objects such as greeting cards, travel tickets, receipts, photographs, text messages and social media messages are not considered strong evidence of your relationship.
If you are unsure how to provide evidence for your Spouse visa, get in touch with our immigration team by giving us a call on 0345 894 1622 or submit an online enquiry form.
How to Switch from a Fiancé Visa to a Spouse Visa?
The following list details how to apply for a Spouse visa:
- Fill out the application which can be found online. (Take care to fill in all details correctly and accurately. A failure to do so might result in your application being delayed or refused.)
- Ensure all application fees have been paid
- Schedule a meeting at a UKVCAS service centre
- Send the Home Office any additional documents required
- Bring your photo ID and fingerprints to your UKVCAS appointment
How Much Does a Spouse Visa Cost in the UK?
Changing your Fiancé visa to a Spouse visa has an application cost of £1,048. In order to access the NHS you will have to pay a further £1035 immigration surcharge annually to the National Health Service (NHS).
As of April 2024, you no longer must show proof of additional funds if you wish to bring any dependent children with you to the UK on a Finance or Spouse visa.
How Long Will It Take to Process a Spouse Visa?
The length of time it will take to process your Spouse visa application will depend on your specific case. If you require a quicker application, and you are applying from within the UK, you have the option to pay £800 for the super-priority service.
If you use the priority service a decision will usually be made by the end of the next working day (if your appointment is on a weekday) after providing the required biometric information about you. Otherwise, a decision will be made 2 days after providing biometric information (if your appointment is on a weekend).
For applicants outside of the UK, the application process usually takes 24 weeks. If you are applying for a Spouse visa from inside the UK, the process generally takes 8 weeks.
Applying for Indefinite Leave to Remain (ILR) After Switching to a Spouse Visa
After obtaining a Spouse visa, you can apply for Indefinite Leave to Stay (ILR).
A Fiancé visa is only valid for up to six months. A Spouse visa is valid for a longer period and can lead to permanent residency in the UK.
With a Spouse visa, you may become eligible to apply for Indefinite Leave to Remain (ILR) after five years in the UK, which is shorter than many other routes to ILR. However, time spent in the UK on a Fiancé visa does not count towards this five-year requirement, so it’s important to plan accordingly.
- You must not have spent more than 180 days outside of the UK in any 12-month period within the past 5 years.
- Retain the same financial stability possessed when initially applying for your visa
- Pass the Life in the UK Test
- Meet the minimum language requirement
- Prove you and your partner have been cohabitating and that you plan to stay together after applying for Indefinite Leave to Remain
Once you have obtained Indefinite Leave to Remain status, you will no longer be subject to immigration control. After 12 months of holding ILR status, you will be eligible to apply for British citizenship.
Expert Guidance for Spouse Visa Applications
The transition from a UK Fiancé visa to a Spouse visa is a popular yet challenging immigration route, often requiring detailed proof of a genuine relationship.
At Cartwright King Solicitors, our experienced immigration lawyers are here to help. We provide comprehensive support to ensure your Spouse visa application has the best chance of succeeding, meeting all UK immigration requirements and minimising the risk of rejection.
Our services include:
- Assistance with preparing a strong application package.
- Guidance on assembling supporting documents to prove the authenticity of your relationship.
- Fast-track application services for urgent cases.
Let us help you or your partner settle in the UK smoothly. Contact us today at 0345 894 1622 or submit an online enquiry form.
Legal Disclaimer
All advice is correct at time of publication.