Martin taggart

Transitioning to a Spouse Visa in the UK: Everything You Need to Know

  1. What is a Fiancé Visa to Spouse Visa Transition?
    The Fiancé Visa allows a non-UK national to enter the UK to marry or enter a civil partnership with their British or settled partner within six months. After the marriage or civil partnership, you can apply to switch to a Spouse Visa, enabling you to stay in the UK and live with your partner.
  1. Key Differences Between a Fiancé Visa and Spouse Visa
  • Fiancé Visa: Valid for six months, does not allow work or study, and requires marriage within the visa period.
  • Spouse Visa: Valid for 30 months (extendable), allows work and study, and serves as a pathway to Indefinite Leave to Remain (ILR).
  1. Eligibility to Switch from Fiancé Visa to Spouse Visa
    To apply for a Spouse Visa, you must meet the following criteria:
  • Marriage Requirement: Be legally married or in a civil partnership recognized in the UK.
  • Financial Requirement: Jointly meet the minimum income threshold of £18,600 annually, or higher if dependent children are included.
  • Relationship Proof: Demonstrate a genuine and subsisting relationship.
  • Accommodation: Provide evidence of adequate living arrangements in the UK.
  • English Language Requirement: Pass a CEFR Level A1 or higher English language test unless exempt.
  1. Documents Required to Switch to a Spouse Visa
  • Valid passport for both applicant and sponsor.
  • Fiancé Visa details and current immigration status.
  • Marriage or civil partnership certificate.
  • Evidence of financial requirement (payslips, bank statements, employment contracts).
  • Proof of genuine relationship (photos, communication records, joint financial commitments).
  • Proof of accommodation (tenancy agreement or mortgage statement).
  • English language test certificate (if required).
  1. How to Apply for a Spouse Visa from a Fiancé Visa

Step 1: Prepare Documents

Ensure all required documents are accurate and meet UKVI requirements.

Step 2: Complete the Application Online

Visit the UK Visas and Immigration (UKVI) website to fill out the FLR(M) application form for permission to stay as a spouse.

Step 3: Pay Application Fees

  • Application Fee: £1,048.
  • Immigration Health Surcharge (IHS): £1,560 for a 2.5-year visa.

Step 4: Submit Biometrics

Book and attend a biometric appointment at a visa application center to provide fingerprints and a photograph.

Step 5: Await a Decision

Processing typically takes 8 weeks for standard applications. Expedited services are available for faster results.

  1. Costs for Switching from Fiancé Visa to Spouse Visa
  • Application Fee: £1,048.
  • Immigration Health Surcharge (IHS): £1,560.
  • Priority Processing (Optional): £500 for faster decision-making.
  1. Challenges and How to Overcome Them

Common Issues:

  • Financial Requirement: Failing to meet the income threshold can result in refusal.
  • Insufficient Relationship Proof: Lack of evidence for a genuine relationship may lead to application denial.
  • Delayed Marriage: Failing to marry within the Fiancé Visa’s validity period complicates the transition.

Solutions:

  • Detailed Documentation: Provide comprehensive financial and relationship proof.
  • Legal Support: Consult an immigration solicitor to strengthen your application.
  • Request an Extension: If marriage delays occur, you may apply for a Fiancé Visa extension.
  1. Can You Work on a Spouse Visa?
    Yes, a Spouse Visa grants full work and study rights in the UK, unlike the Fiancé Visa, which prohibits employment.
  1. Pathway to Indefinite Leave to Remain (ILR)
    Time spent on a Spouse Visa counts toward the 5-year residency requirement for ILR. After holding ILR for 12 months, you may apply for British citizenship.
  1. Conclusion
    Transitioning from a Fiancé Visa to a Spouse Visa is a critical step for couples building a life together in the UK. By ensuring you meet the eligibility criteria, submitting accurate documents, and adhering to the process, you can secure your Spouse Visa and enjoy the benefits it offers.
  1. Frequently Asked Questions (FAQs)
  • Can I extend my Fiancé Visa instead of switching to a Spouse Visa?
    Yes, but extensions are typically only granted for valid reasons such as delays in marriage.
  • How long does it take to switch to a Spouse Visa?
    Standard processing takes up to 8 weeks. Priority services are faster but cost extra.
  • Can I switch to a Spouse Visa after my Fiancé Visa expires?
    No, you must apply before your Fiancé Visa expires to avoid overstaying.
  • Do I need a new English language test for the Spouse Visa?
    If your previous test meets the requirements and hasn’t expired, you can use it.
  • Is the income threshold higher if I have children?
    Yes, an additional £3,800 is required for the first child and £2,400 for each additional child.
  • Can I appeal if my Spouse Visa application is refused?
    Yes, you may appeal or submit a new application with additional evidence.
Trisha Lee