Switching to a UK Spouse Visa from a Fiance Visa
Apply before 16 January 2024
When you apply for a UK Fiance Visa your focus is on your relationship and the forthcoming wedding but what happens if you want to stay in the UK as a married person?
In this blog, our Immigration Solicitors look at switching from a Fiance Visa to a Spouse Visa.
UK Online and London-Based Immigration Lawyers and Spouse Visa Solicitors
For Fiance Visa or Spouse Visa advice call London-based OTS Solicitors on 0203 959 9123 or contact us online.
The Fiance Visa
The Fiance Visa allows you to come to the UK to get married or enter a civil partnership. The visa only lasts 6 months but you can apply to extend the visa if the marriage has not taken place. For example, because of illness or other valid reasons. Your marriage must have been rescheduled to take place within the Fiance Visa extension period.
The Fiance Visa only provides temporary admission to the UK and what you can do whilst in the UK on a Fiance Visa is limited. For example, you cannot work and you cannot enrol as a student.
If you want to stay in the UK after your marriage then you will need a Spouse Visa.
Time spent on the Fiance Visa
If you decide you want to stay in the UK with your partner then your time spent in the UK on the Fiance Visa does not count towards meeting the residence requirement for a UK settlement application.
To apply for indefinite leave to remain you need to have lived in the UK and have met the residence requirement for at least 5 years. Normally all your 5 years are spent in the UK on a Spouse Visa and a Spouse Visa extension unless you switch to a different route. For example, you apply for a Skilled Worker Visa.
Applying for a Fiance Visa
An application for a Fiance Visa is made from overseas whilst a Spouse Visa application can either be made from overseas or from within the UK.
When you talk to our Immigration Solicitors about applying for a Fiance Visa it helps to tell us if you plan to stay in the UK after your marriage. That way we can advise you on the paperwork needed to make a Spouse Visa application and get the application ready for you so it can be submitted to the Home Office after your marriage or civil partnership.
Switching from a Fiance Visa to a Spouse Visa
You can apply to the Home Office to switch from your Fiance Visa to a Spouse Visa if you have married someone who can sponsor you on a UK Spouse Visa.
Your husband, wife or civil partner needs to be a:
- British citizen
- Person with indefinite leave to remain
- Person with settled status
- Person with refugee status or humanitarian protection
You cannot apply for a Spouse Visa if your spouse is in the UK on a Work Permit Visa, such as a Skilled Worker Visa. There may be other immigration options available to you. For example, applying for a Dependant Visa. Our Immigration Solicitors can look at all your visa options and explain which ones best meet your circumstances and goals.
Marriage and Spouse Visas
To qualify for a Spouse Visa, you need to be legally married and produce your marriage certificate as part of the application process.
If you got married in the UK whilst on a Fiance Visa the marriage needs to be in accordance with UK law. For example, a Sharia or Islam marriage is not legally recognised in England unless it is accompanied by a civil ceremony and marriage certificate. The rules can seem complicated. That’s because if you get married in a country where a Sharia marriage is legal you do not need to get remarried in the UK as the UK recognises the validity of overseas marriages. If you are worried about the Spouse Visa eligibility criteria then speak to our Spouse Visa Solicitors.
When to switch from a Fiance Visa to a Spouse Visa
If you are in the UK on a Fiance Visa and want to make the UK your home then it is vital that you either:
- Apply for a Spouse Visa from within the UK and do so before your Fiance Visa expires
- Leave the UK before your Fiance Visa expires and apply for your Spouse Visa from overseas
If you overstay on your visa then the Home Office is less likely to grant your Spouse Visa application because of your immigration record.
You can apply for a Spouse Visa as soon as you are married. You do not need to wait until your Fiance Visa is due to expire.
If you are in the UK on a Fiance Visa it is best to take immigration legal advice from Spouse Visa Solicitors on your options. For example, it may be better for you to apply for your Spouse Visa from within the UK or they may advise you on the documents you need to obtain to support your Spouse Visa application.
Provided you apply for a Spouse Visa before your Fiance Visa expires you can stay in the UK (without being classed as an overstayer) until the Home Office decides whether to grant your Spouse Visa application.
Apply for your Spouse Visa before 16 January 2024
If you are in the UK on a Fiance Visa and you are getting married in the UK before 16 January 2024 it may be in your best interests to apply for your Spouse Visa before 16 January 2024.
The immigration rules say that when you apply for a Spouse Visa you need to pay the Home Office application fee and the immigration health surcharge.
The surcharge currently costs £624 a year and it must be paid upfront for the duration of the visa when you apply for your visa. A Spouse Visa is granted for 30 months and you then need to apply to extend it. After you have made one extension application you should meet the residence requirement of 5 years to be able to apply for indefinite leave to remain. Once you are settled in the UK you will no longer have to pay the immigration health surcharge or visa application fees.
It is understood that on 16 January 2024 (or around that date) the immigration health surcharge will increase from £624 to £1,035 per year. That is why if you are in the UK on a Fiance Visa and you are getting married before 16 January 2024 it is in your interests to apply for your Spouse Visa before the immigration health surcharge fees are increased.
If you are in this situation, take early legal advice from specialist Spouse Visa Solicitors on whether you meet the Spouse Visa eligibility criteria so your Immigration Solicitors can prepare the best Spouse Visa application for you.
OTS Solicitors are recommended for their personal immigration work in the 2024 edition of the Chambers Guide to the Legal Profession. Our experts are here to help with all your visa questions.
UK Online and London-Based Immigration Lawyers and Spouse Visa Solicitors
For Fiance Visa and Spouse Visa advice call London-based OTS Solicitors on 0203 959 9123 or contact us online.
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