Switching From a UK Fiancé Visa to a Spouse Visa

Posted onOctober 11, 2022

If you come to the UK on a fiancé visa, can you switch to a spouse visa? In this blog, our immigration solicitors look at the option of switching from a fiancé visa to a spouse visa.

UK Online and London Based Immigration Lawyers and Spouse Visa Solicitors

For advice on spouse visas and immigration law call the expert London immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us online.

The UK fiancé visa

The fiancé visa is a short-term visa designed to allow you to come to the UK for up to 6 months so you can get married or enter into a civil partnership with a person based in the UK. The fiancé visa is different from the spouse visa but they are often confused with one another. The spouse visa allows married couples or those in civil partnerships to come to the UK (or be reunited in the UK) provided one of them is a British citizen or has settled status in the UK and they can sponsor their husband, wife, or civil partner in their application for a spouse visa.

If you are not sure about the type of family visa you need it is best to speak to the Spouse Visa Solicitors at immigration law firm OTS Solicitors on 0203 959 9123 or contact us online.

Differences between fiancé visas and UK spouse visas

The fiancé visa is short-term and doesn’t lead to UK settlement. Time spent in the UK on the fiancé visa doesn’t count towards meeting the 5-year residence requirement for an indefinite leave to remain application. You can't work in the UK whilst in the UK on a fiancé visa.

In contrast, most spouse visa applicants see the UK as their long-term home and plan to extend their first spouse visa so that they can then meet the 5-year residence requirement so that they can apply for indefinite leave to remain and even go on to apply for British citizenship.

Switching from a fiancé visa to a UK spouse visa

The eligibility criteria to switch from a fiancé visa to a spouse visa are:

You and your husband, wife, or civil partner must be over the age of 18
Your husband, wife, or civil partner must be a British or Irish citizen or have settled or pre-settled status in the UK so they can sponsor you on a spouse visa
You must be married or in a civil partnership ( rather than simply engaged to one another so you will need evidence of your marriage or civil partnership)
You and your partner must intend to live together permanently in the UK after you have obtained your spouse visa
You must be on a valid fiancé visa and you must not have breached any of your fiancé visa conditions or the UK immigration rules
You must be able to show you are in a genuine relationship with your partner – in other words, it is not a sham marriage entered into so you can stay in the UK but a genuine relationship
You meet the financial requirement for the spouse visa
You must meet the English language requirement for the spouse visa

Spouse visa applications and showing you are in a genuine relationship

Proving you are in a genuine relationship with your husband, wife, or civil partner can be harder than you may think as unless you are forewarned about the need to produce evidence you may make decisions that don’t leave you with the right sort of paper trail for your spouse visa application.

Spouse Visa Solicitors say it is best to talk to your immigration solicitor whilst you are on a fiancé visa so you know how best to manage your living and financial arrangements so you can easily establish the genuineness of your relationship.

Evidence of your genuine relationship can include:

Evidence you are living together or plan to do so. For example, a tenancy agreement, joint council tax bills, or gas and electricity bills so they evidence that both of you are living at the property
Joint bank account statements or joint loans or other joint financial commitments
Other evidence of your relationship, such as evidence you are both enrolled at the same GP or you have a child together and you are both named on the birth certificate

The evidence you need to prove your relationship is genuine depends on your circumstances so it is best to get early immigration law advice from Spouse Visa Solicitors. For advice about your situation call OTS Solicitors on 0203 959 9123.

Switching to the spouse visa

You can switch to the spouse visa from within or outside the UK by making an online application supported by your evidence. If you are in the UK you must apply for the spouse visa before your fiancé visa expires. If you don’t then you will be classed as an overstayer and that will affect your immigration record and the prospects of your successfully getting the Home Office to grant any future visa applications. Therefore, it is crucial to diary up the fiancé visa date and to give yourself plenty of time to consult a Spouse Visa Solicitor before your fiancé visa expires. Remember it can take time to gather evidence that your relationship is genuine or that your sponsoring husband, wife, or civil partnership meets the spouse visa financial requirement.

If you don’t think you can meet the spouse visa deadline speak to Spouse Visa Solicitors on 0203 959 9123 about whether you can do so or if it would be preferable for you to leave the UK before your fiancé visa expires and to apply for your spouse visa from overseas. If you apply from overseas, it will take the Home Office longer to process your application but that may be better than the risk of ending up as an ‘overstayer’ on Home Office immigration records.

UK Online and London Based Immigration Lawyers and Spouse Visa Solicitors

For advice on spouse visas and immigration law call the immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us online.

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