Which UK Family Visa Do I Need?
In the UK there are several different types of Family Visas if you want to enter the UK based on your relationship. In this blog, our Immigration Solicitors explore the different types of Family Visa and look at your best Family Visa options.
UK Online and London-Based Immigration Lawyers and Spouse Visa Solicitors
For Family Visa advice call London-based OTS Solicitors on 0203 959 9123 or contact us online.
Family Visa options
Family Visa options include:
- Marriage Visitor Visa
- Fiance Visa or Fiancée Visa
- Spouse Visa or Civil Partner Visa
- Unmarried Partner Visa
The type of Family Visa you need depends on your relationship status and how long you want to spend in the UK.
The Marriage Visitor Visa
If the purpose of your travel to the UK is to get married but you do not want to stay in the UK then you may need a Marriage Visitor Visa.
The visa allows you to get married in the UK during the 6-month visa. You cannot apply to extend the visa so you can live in the UK. Nor can you keep applying for Marriage Visitor Visas so you can live in the UK on a series of Visitor Visas.
To qualify for a Marriage Visitor Visa, you need to:
- Be over 18
- Be intending to give notice of planned marriage in the UK
- Intend to get married in the UK and the marriage cannot be a sham
- Meet the general eligibility criteria for a Visitor Visa. For example, your immigration record or previous convictions must not preclude you from getting a visa
If you enter the UK on a Marriage Visitor Visa you cannot convert to a different type of Family Visa whilst in the UK. For example, you cannot switch to a Spouse Visa.
The Fiance Visa
The Fiance Visa is different from the Marriage Visitor Visa as it allows you to come to the UK to get married or enter into a civil partnership but you can then apply for a Spouse Visa or Civil Partner Visa to stay in the UK.
The Spouse Visa and Civil Partner Visa allow you to settle in the UK after you have met the 5-year residence requirement for an indefinite leave to remain application. Time spent in the UK on your Fiance Visa does not count towards the 5-year residence requirement.
In essence, if you want to stay in the UK after your marriage or civil partnership, you should apply for a Fiance Visa rather than a Marriage Visitor Visa. If you do not take immigration advice and make the wrong choice you will have to leave the UK at the end of your Marriage Visitor Visa and apply for your Spouse Visa from outside the UK.
The Fiance Visa allows you to stay in the UK and make your Spouse Visa from here but it is crucial that you apply for your Spouse Visa before your Fiance Visa expires. If you do not do so you are classed as a visa overstayer. This status has implications for your securing a Spouse Visa.
If you want a Fiance Visa so you can get married and settle in the UK it is best to speak to Spouse Visa Solicitors as they can make sure you meet the eligibility criteria for the Spouse Visa application and help you identify the documents you will need to support your application. Your Fiance Visa will last for 6 months and within that time you will be expected to marry and prepare your Spouse Visa application.
As an alternative to the Fiance Visa, you can get married to your sponsoring partner overseas and then apply for your Spouse Visa from overseas. This may save you visa application fees but may mean you are separated from your new spouse or civil partner whilst you wait for your Spouse Visa or Civil Partner Visa to be processed.
Our Family Visa Solicitors can talk you through your Fiance Visa and Spouse Visa options and help you with your visa applications. Call OTS Solicitors on 0203 959 9123 or contact us online.
The Spouse Visa or Civil Partner Visa
If you are already married or in a civil partnership the Spouse Visa or the Civil Partner Visa is the visa you need to come to the UK to live with your sponsoring spouse or partner.
If you are worried about whether you meet the Spouse Visa eligibility criteria our Immigration Solicitors can look at all your visa options, including the Skilled Worker Visa, Health and Care Worker Visa or Global Business Mobility Visa options.
You can apply for a Spouse Visa from within the UK or from overseas. Our Spouse Visa Solicitors can support you make the application whether you are in the UK already or if you are applying from overseas.
Your Spouse Visa or Civil Partner Visa will last for 30 or 33 months (depending on whether the application was made within the UK). At the end of your Spouse Visa, you will need to apply to extend it if you want to continue to live in the UK with your husband, wife or civil partner.
The eligibility criteria for the Spouse Visa extension application are the same as your first Spouse Visa application. At the end of your Spouse Visa extension, you should meet the 5-year UK residence requirement to enable you to apply for indefinite leave to remain. Once you are settled in the UK with ILR status you will no longer have to keep applying for visas or be subject to immigration controls.
The Unmarried Partner Visa
The UK immigration rules allow you to apply for a Family Visa as an unmarried partner. New rules define an unmarried partnership as where you have been in a relationship with your sponsoring partner for at least 2 years before the Unmarried Partner Visa application. The relationship must be similar to marriage or civil partnership but the rules no longer require you to have cohabited with your sponsoring partner for at least 2 years before your application.
Like the Spouse Visa, the Unmarried Partner Visa lasts for 30 or 33 months and you then need to renew your Unmarried Partner Visa before you can go on to apply for indefinite leave to remain after meeting the 5-year residence requirement.
Family Visa Solicitors recommend that you take immigration law advice if you want to apply for an Unmarried Partner Visa as without specialist advice from Immigration Solicitors it can be difficult to know whether the Home Office is likely to think your unmarried relationship meets their criteria and what paperwork you will need to provide to show that your unmarried relationship has lasted for over 2 years and is akin to a marriage or civil partnership.
Call OTS Solicitors on 0203 959 9123 or contact us online.
Who can sponsor you for a Family Visa?
You will need a sponsoring partner for all types of Family Visa save for the Marriage Visitor Visa.
The immigration rules specify who qualifies to sponsor a partner or spouse on a Spouse Visa, Civil Partner Visa or Unmarried Partner Visa. They must be:
- A British citizen;
- A person with either indefinite leave to remain or settled status
- A person with refugee or humanitarian protection status
In addition to their immigration status, your sponsoring partner will need to help you show that you meet the financial requirement for a Family Visa and the accommodation requirement. Their help is normally necessary because you will probably not have a job in the UK to prove that you meet the financial requirement to qualify for a Family Visa. Your CV and great job prospects are not sufficient. That is why most Family Visa applicants have to rely on their sponsoring partner’s income to meet the financial requirement.
The financial requirement applies to Fiance Visas, Spouse Visas, Civil Partner Visas as well as Unmarried Partner Visas. The financial requirement is the same for each type of visa.
Spouse Visa Solicitors urge Family Visa applicants to take expert immigration legal advice on the financial requirement for their Family Visa as the financial requirement is due to increase. You may be able to submit your application before the increase comes into effect.
The current financial requirement is an income of £18,600 per year. The figure is higher if you are bringing children with you on Dependant Visas. The financial requirement can be made up of a variety of sources of income, such as salary, pension or extra part-time employment. If you or your sponsoring partner has cash savings these may help prove that you meet the financial requirement.
Proving you meet the financial requirement can be complicated when you are applying for a Spouse Visa or an Unmarried Partner Visa. The complexity stems from the detailed immigration rules so it is best to talk to specialist Family Visa Solicitors about your application especially as it may be in your best interests to apply for your visa and get your entry clearance before the financial requirement increases.
The timeframe for the financial requirement increases is as follows:
| 11 April 2024 | The minimum income requirement to meet the Family Visa financial requirement eligibility criteria rises from £18,600 to £29,000 |
| Mid to late 2024 | The minimum income requirement to meet the Family Visa and Spouse Visa financial requirement eligibility criteria rises from £29,000 to £34,500 |
| Early 2025 | The minimum income requirement to meet the Family Visa and Spouse Visa financial requirement eligibility criteria rises from £34,500 to £38,700 |
How can OTS Solicitors help you with your Family Visa application?
OTS Solicitors provide excellent client care and efficient legal advice so your Family Visa application is processed as quickly as possible. Our specialist team of Spouse Visa Solicitors is on hand to answer all your Family Visa queries and to guide you through the application process. Once you have your Family Visa, we can then help you on your journey to settle in the UK by assisting you with your visa extension application and your indefinite leave to remain application.
Our Family Visa Solicitors are skilled at putting you at ease whilst also understanding how best to navigate the complicated Home Office immigration rules to help you secure your visa.
UK Online and London-Based Immigration Lawyers and Spouse Visa Solicitors
For Family Visa advice call London-based OTS Solicitors on 0203 959 9123 or contact us online.
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