Sponsored Love: How To Switch From A UK Fiancé Visa To A Spouse Visa

Switching from a UK Fiancé visa to a Spouse visa is an important step for couples wishing to settle in the United Kingdom after marriage.

The process can be intricate and requires careful attention to details, as immigration rules are subject to frequent changes. This guide breaks down the process, requirements, and key considerations you must keep in mind to successfully switch from a Fiance visa UK to a Spouse visa.

1. Understanding the UK Fiancé Visa

The UK Fiancé visa allows non-British citizens who are engaged to UK citizens or settled persons to enter the UK for the purpose of getting married. The key points of the Fiancé visa include:

• It is valid for six months.
• Marriage must take place within this period.
• The visa holder cannot work or access public funds.
• After marriage, you will need to apply for a Spouse visa if you wish to remain in the UK.

It’s essential to get married within the six-month window to be eligible for the Spouse visa. Failing to marry within this period may result in you needing to leave the UK and reapply from abroad.

2. Eligibility Criteria for the UK Spouse Visa

Once you have entered the UK on a Fiancé visa and gotten married, you can apply to switch to a Spouse visa UK. To do so, you must meet several key requirements:

a. Relationship Requirements

• Genuine Marriage: You must prove that your marriage is genuine and not for immigration purposes. This may include providing evidence of your relationship history, such as photos, joint accounts, travel together, etc.
• Marriage Validity: You need to show that the marriage was conducted in accordance with UK laws or the laws of another country if you married abroad before entering the UK.

b. Financial Requirements

• Minimum Income Threshold: The sponsoring partner (UK citizen or settled person) must have a minimum income of £18,600 per year. This increases if there are dependent children.
  • For one child, the income requirement rises to £22,400, and for each additional child, £2,400 is added.
  • Certain savings and other income sources can count towards this threshold.
• Evidence: You will need to submit documents proving that the sponsor meets the financial requirement. This includes payslips, bank statements, and possibly a letter from the sponsor’s employer.

c. English Language Requirement

• The applicant must meet the English language requirement by providing evidence of passing an approved English language test (at least CEFR level A1) or showing that they come from a majority English-speaking country. Exemptions are available for certain applicants based on their age, disability, or nationality.

d. Accommodation

• You will need to show that you and your spouse have adequate accommodation in the UK. This could be through a rental agreement, property ownership, or living with family members. The accommodation must not be overcrowded and must meet the housing regulations in the UK.

e. Immigration Status

• You should have entered the UK on a valid Fiancé visa and married your sponsor within the visa’s six-month period.

3. When to Apply for the Spouse Visa

You should apply for the Spouse visa before your Fiancé visa expires, ideally as soon as possible after your marriage. Since the Fiancé visa is only valid for six months, timing is critical. You can apply up to 28 days before your Fiancé visa expires.

You are allowed to remain in the UK while your Spouse visa application is being processed, even if your Fiancé visa expires during that time. However, make sure to submit the Spouse visa application before your Fiancé visa expires to avoid becoming an overstayer.

4. Required Documents for the Spouse Visa Application

When applying to switch from a Fiancé visa to a Spouse visa, it is essential to gather all the necessary documents. A lack of sufficient documentation can lead to delays or even rejection of your application. The following documents are typically required:

• Marriage Certificate: Official evidence that your marriage took place in the UK.
• Valid Passport: Your current passport, along with your previous travel history, to show your entry on a Fiancé visa.
• Sponsor’s Financial Documents: Evidence of income, such as payslips, bank statements, or tax returns. If using savings to meet the financial requirement, you will need to show proof of funds held for at least six months.
• Accommodation Proof: Documents demonstrating adequate living arrangements, such as a tenancy agreement or property deed.
• English Language Proof: Certification of your English language ability, such as an IELTS score, or evidence that you are exempt.
• Evidence of Genuine Relationship: Photos, joint accounts, correspondence, travel records, and other relevant evidence that shows your marriage is genuine and ongoing.

5. The Application Process

a. Completing the Application

You will need to complete and submit the online application for the Spouse visa. This can be done through the UK Visas and Immigration (UKVI) website. Make sure that all sections are filled in correctly and that all supporting documents are uploaded as required.

b. Biometrics Appointment

Once you have submitted your application, you will be required to attend a biometric appointment. This is where your fingerprints and photograph will be taken. You will be able to book the appointment during the application process. The biometric information is used to issue your Biometric Residence Permit (BRP) if your visa is approved.

c. Submitting Supporting Documents

All supporting documents must be submitted either online or at a designated location after the biometric appointment. It’s important to organize your documents carefully, ensuring that nothing is missing or unclear.

d. Application Fees

The fee for applying to switch from a Fiancé visa to a Spouse visa is £1,033. There is an additional cost for the Immigration Health Surcharge (IHS), which is £624 per year for each applicant. This fee grants access to the National Health Service (NHS) during your stay.

6. Processing Times and Decisions

Spouse visa applications from within the UK generally take up to 8 weeks to process, although processing times can vary. In some cases, you may be able to opt for a priority service that processes the application faster, but this will come at an additional cost.

If your application is approved, you will receive a Biometric Residence Permit (BRP), which will allow you to live and work in the UK for 2.5 years. After this period, you can apply for a renewal or Indefinite Leave to Remain (ILR) after five years of continuous residence on a Spouse visa.

7. What to Do If Your Application Is Refused

In the event that your Spouse visa application is refused, you may have the right to appeal the decision or request an administrative review, depending on the reasons for refusal. Common reasons for refusal include failure to meet the financial requirement, inadequate documentation, or doubts about the genuine nature of the relationship.

If your application is refused, it’s advisable to seek professional legal advice from an immigration lawyer who specializes in UK family visas. In cities like Glasgow, you can find experienced immigration lawyers who can help you understand your options and guide you through the appeals process.

8. Key Considerations

• Timing: Make sure you apply for the Spouse visa before your Fiancé visa expires. Delays in gathering documents or booking biometric appointments could cause complications.
• Meeting Requirements: Ensure that you meet all the financial, accommodation, and relationship requirements before applying. Preparing evidence in advance will help you avoid potential roadblocks.
• Seeking Legal Advice: Immigration laws and policies can change, and complex cases may require professional assistance. Consulting an immigration lawyer can help you navigate the process smoothly, especially if your case involves additional complexities, such as dependent children or if you need to appeal a refusal.