Switching from a UK Fiancé(e) Visa to a Spouse Visa

You can switch from a Fiancé or Fiancée visa to a Spouse visa within the UK after getting married within the 6-month validity period of your Fiancé(e) visa.

Are you planning to switch from a UK Fiancé(e) visa to a Spouse visa? This is a big step in your life. It's important to know the process and what you need to do. This guide will help you switch smoothly from a Fiancé(e) visa to a Spouse visa in the UK.

If you need help with a UK fiancé(e) visa or Spouse visa, call us at Moeen & Co. Solicitors at 0203 959 7755 or fill in our online contact form.

Table of Contents

What is a UK Fiancé(e) visa?

A UK Fiancé(e) visa lets you enter the UK to marry a British citizen or someone who has settled in the UK. You have up to 6 months to get married. After marrying, you must switch to a Spouse visa to stay in the UK.

It's important to know the rules and limits of this visa. You can't work with a UK Fiancé(e) visa. You must wait until you get a Spouse visa to start working.

What is a Spouse visa?

A UK Spouse visa, also known as a UK Marriage visa, is for those married to a British citizen or someone with settled status.

A UK spouse visa is given for up to 30 months at first. Then, you can apply to extend it for a further 2.5 years.

After completing 5 years on a UK Spouse visa, you can apply for indefinite leave to remain (ILR).

Applicants must meet certain conditions to get a UK Spouse visa. They need to prove their relationship is real, have enough money, and provide the right documents. Knowing these things helps with the often tricky application process.

If you're looking for help with your Spouse visa application, call Moeen & Co. Solicitors at 0203 959 7755. We offer advice suited to your situation.

Differences between the Fiancé(e) visa and the Spouse visa

The fiancé or fiancée visa lets people come to the UK to get married within six months. On the other hand, the Spouse visa is for those who are already married and want to live in the UK with their partner for a longer time.

The stay time is another big difference. A fiancé(e) visa is valid for six months, but a Spouse visa lets you stay for 30 months initially, with chances to extend it later. This means Spouse visa holders can settle in the UK more and feel more stable in their lives.

To get a fiancé or fiancée visa, you need to show your plan to get married. For a Spouse visa, you must prove your marriage is still going strong and meet financial and living conditions.

Why Switch from a Fiancé(e) visa to a Spouse visa?

Switching from a Fiancée or Fiancé visa to a Spouse visa is key to legally staying in the UK after marriage. The Fiancé(e) visa doesn't allow long stays or work. So, you need to switch from a Fiancé(e) visa to a Spouse visa to live and work in the UK.

Getting a Spouse visa is a big step towards permanent residency in the UK. It means you can stay with your partner without visa worries. This change is good for your personal and emotional life, giving you peace of mind.

When Should I Switch from a Fiancé(e) visa to a Spouse visa? 

Your Fiancé(e) visa is typically valid for up to 6 months. You must get married within this period to meet the visa conditions.

Apply for the Spouse visa before your Fiancé(e) visa expires. Ideally, start the application process about 2-3 months before the end of your Fiancé(e) visa to account for processing times and avoid any gaps in your legal status.

Requirements for switching to a Spouse visa (5-year route)

The main requirements for switching from a Fiancé(e) visa to a Spouse visa under 5-year route application are as follows: 

Age Requirement

• Age: You and your partner are both over the age of 18.

Relationship Requirements

• Marriage: You must be married to a British citizen, someone with settled status, or a refugee or someone with humanitarian protection.
• Genuine Relationship: Show that your relationship is genuine and ongoing. Provide evidence of your marriage and how you're still together.

Financial Requirements

• Income Threshold: You and your partner must earn at least £29,000 gross per year.
• Alternative Financial Evidence: If you don't earn enough, you can use cash savings or other income.

Accommodation Requirements

• Adequate Accommodation: You must meet the requirement of adequate accommodation. Your home must meet UK living standards.

English Language Requirement

You must show you speak English well. You can do this by:

• Passing an English language test at CEFR level A1 or higher.
• Having a degree taught in English that UK NARIC recognises.
• Being from a country where English is the main language.

Immigration Status of Your Partner

• British Citizen: Your partner must be a British citizen.
• Settled Status: If not British, they must have ILR, settled status, refugee status, or humanitarian protection in the UK.

Documents required for switching from a Fiancé(e) visa to a Spouse visa

• Valid passport
• Marriage or civil partnership certificate
• Evidence of a genuine relationship
• Proof of meeting the financial requirements
• Proof of suitable accommodation
• English language proficiency test results
• Proof of any dependent family members (if applicable)
• Tuberculosis (TB) test results (if applicable)

Step-by-step guide to switching from a Fiancé(e) visa to a Spouse visa

1. Marry Your Partner

First, you must marry your partner within the 6-month Fiancé(e) visa period. Make sure your marriage is legally recognised. You'll need a marriage certificate for your Spouse visa application.

2. Prepare Your Documents

For a Spouse visa, you'll need several documents:

• Marriage Certificate: Proof of your legal marriage.
• Proof of Relationship: Evidence of your relationship, like photos and financial documents.
• Financial Evidence: Show you meet the financial requirement, usually £29,000 gross per year.
• English Language Requirement: Proof you meet the English language test or qualification.
• Proof of Accommodation: Documents showing you have UK accommodation.

3. Complete the Spouse Visa Application

Fill out the Spouse visa application online. Make sure all info is correct and pay the appropriate fees.

4. Attend a Biometric Appointment

After applying, book and attend your biometric appointment. You'll give your fingerprints and photo, confirming your identity.

5. Wait for a Decision

After applying and attending the appointment, wait for a decision. It usually takes 8 to 12 weeks. Don't change your circumstances during this time.

6. Receive Your Spouse Visa

If approved, you'll get a Spouse visa. It lets you stay in the UK for up to 30 months. Remember to follow your visa's conditions and keep track of its expiration date.

How long does it take to process a Spouse visa application?

The processing time for a Spouse visa typically ranges from 8 to 12 weeks. Processing times can vary based on individual circumstances and the volume of applications.

Some common UK Spouse visa mistakes you should avoid

Several common pitfalls can hinder the UK Spouse visa process. Being aware of these can help you avoid delays:

• Incomplete documentation can lead to requests for additional information.
• Failing to meet the minimum income threshold required for sponsorship.
• Misunderstanding eligibility criteria, resulting in applying for the wrong type of visa.
• Submitting incorrect or outdated information on the application form.
• Neglecting to provide adequate proof of the relationship, which is vital for demonstrating legitimacy.
• Make sure you have enough money to avoid delays or rejection of your application.
• Apply for your Spouse Visa before your Fiancé Visa expires to keep your legal status in the UK continuous.

For expert guidance on the UK Spouse visa process, contact Moeen & Co. Solicitors at 0203 959 7755.

Role of an immigration solicitor

How to contact Moeen & Co. Solicitors?

To apply to change or switch to a Spouse visa under the 5-year route, call our immigration solicitors in Hayes, London at 0203 959 7755 to schedule your initial consultation. Alternatively, you can fill in our online contact form and we will get back to you as soon as possible.

FAQs about switching from a Fiancé(e) visa to a Spouse visa