Under the UK’s Fiancé / Fiancée visa route, as a foreign national, you can marry a British citizen, or someone settled in the UK within a six-month window of arrival and then switch to a Spouse Visa, allowing you to stay longer and eventually gain permanent settlement. In this article, we will cover the process, requirements, and key considerations when switching from a UK Fiancé/fiancée visa to a Spouse Visa, ensuring you and your partner can stay together in the UK.
What is the difference between the fiancé visa and the Spouse Visa?
The UK Fiancé Visa enables non-UK nationals to come to the UK to marry or form a civil partnership with their UK-based partner. It is important to note that the fiancé visa does not allow you to work in the UK. To qualify for a fiancé/fiancée visa, any previous marriages or civil partnerships must have ended, and you must genuinely intend to marry or become civil partners within 6 months of arriving in the UK.
Once married or in a civil partnership, you can apply for a Spouse Visa, which permits you to live and work in the UK for an initial period of 30 months. This can then be extended by another 30 months. After 5 years on a Spouse visa, you can apply for permanent residency.
Making the switch from a temporary fiancé visa to a Spouse Visa is essential if you intend to stay in the UK long-term because a) a fiancé visa cannot be extended, and b) the Spouse Visa provides a pathway to settlement and even British citizenship, unlike the Fiancé Visa.
What are the eligibility requirements for Switching from a Fiancé Visa to a Spouse Visa?
To switch from a fiancé visa to a Spouse Visa, you must meet the following requirements:
- Have a UK Fiancé / Fiancée Visa that has not expired
- Not have breached the immigration rules while in the UK
- Be married or in a civil partnership that is legally recognised in the UK.
- Be in a relationship is genuine and subsisting.
- Be married to a partner who is either a British citizen or has indefinite leave to remain (ILR), settled status, or pre-settled status under the EU Settlement Scheme.
- You and your partner must have a combined income of at least £29,000 per year, or higher if you have dependent children (£3,800 a year for the first child and £2,400 a year for each additional child you have after the first child). The minimum income requirement can be met through employment, self-employment, savings, or a combination. If you do not meet the financial requirements directly, there are other ways that you can still apply – please speak to a member of our friendly and empathetic immigration law team for advice in this case.
- Meet the English language requirements, typically by passing an approved English language test – the level of test you may need to pass may be higher if you renew your visa after the initial period.
- Have suitable accommodation in the UK where you and your partner can live together with your children without relying on public funds.
What documents will I need to provide to switch from a Fiancé Visa to a Spouse Visa?
To switch from a Fiancé Visa to a Spouse Visa, you may be asked to provide some or all of the following documents:
- Proof of your legal marriage or civil partnership.
- Passports or other identification documents for you and your partner.
- Documents that prove the genuineness of your relationship*, such as:
- A tenancy agreement, utility bills or council tax bills showing that you live at the same address or pay bills together,
- A bank statement for a joint bank account, or
- A letter from your doctor or dentist stating that you both reside at the same address.
- Bank statements, pay slips, or tax returns proving you meet the financial requirements.
- Your English language test pass certificate (if required)
- Details of your living arrangements in the UK, such as a tenancy agreement or property ownership documents.
*If you cannot live together due to work, study, or cultural reasons, you may need to show that you have an ongoing commitment to each other, e.g. by providing evidence that you are in regular communication with each other, you support each other financially, or you care for any children you have together
How do I switch from a Fiancé Visa to a Spouse Visa?
To switch from a Fiancé Visa to a Spouse Visa, you will need to complete the following key steps:
- Complete and submit the Spouse Visa application form on the UK government’s website.
- Pay the visa application fee of £1,258
- Pay the Health Surcharge of £3,105 for 2 years and 9 months – this will allow you to access the National Health Service (NHS) if you need medical treatment.
- Schedule and attend a biometric appointment, where you will need to provide your fingerprints, a photo, and any other information to support your application.
- Upload your supporting documents through the online Home Office or bring them to your biometric appointment.
Frequently Asked Questions (FAQ’s)
How long will my application to switch from a fiancé visa to a spouse visa take?
The processing time for in-country Spouse Visa applications is currently 8 weeks, although you may have the option to expedite it through the super priority service for an additional fee of £1,000. This will ensure you receive a decision on the next working day.
If your application is successful, you will receive your decision and a new Biometric Residence Permit (BRP) showing that you can live, work, and study in the UK as the spouse of your husband, wife, or civil partner.
Can I use savings to meet the financial requirement to switch from a fiancé visa to a spouse visa?
Yes, if you cannot meet the income requirement through earnings, savings over £16,000 can be used to make up the shortfall. To calculate how much your savings can reduce the amount of income you need, simply deduct £16,000 from the total of your savings and divide the answer by 2.5. So if you have £21,000 in savings, the amount of annual income you need can be reduced by £2,000 to £27,000.
Income from rental properties, investments, or pensions may also count toward the financial requirement.
What if my application to switch from a fiancé visa to a spouse visa is refused?
Common reasons for refusal include insufficient financial evidence, doubts about the genuineness of the relationship, or incorrect documentation. If your application is refused, you may be able to submit a new application, request an administrative review, request a judicial review, or appeal the decision. In this case, please speak to one of our expert immigration lawyers, who can assess your case and recommend the best course of action to reverse the adverse decision against you.
Can I work in the UK once I switch to a Spouse Visa?
Yes. Unlike the Fiancé Visa, the Spouse Visa permits you to work, study, and access certain benefits, provided you don’t rely on public funds.
Can I settle permanently in the UK after holding a Spouse visa?
Yes, after 5 continuous years on a spouse visa, you can apply to settle permanently in the UK – this is referred to as indefinite leave to remain (ILR)
Can I apply for British citizenship after holding a Spouse Visa?
Yes, after you have held ILR for a year, you may be eligible to apply for British citizenship, provided you meet all the requirements, including residency and good character criteria.
Final words
When switching from a Fiancé Visa to a Spouse Visa it is important to take the time necessary to gather any necessary documentation, check that you meet each requirement, and prepare a meticulous application. If you are unsure of the process, you are concerned that you may be refused, or simply to weigh the odds in your favour, consider instructing an immigration Solicitor in the UK who will handle the end-to-end process on your behalf, allowing you to relax and focus on your new marriage and life in the UK.
