Switching From A Fiancé Visa To A Spouse Visa In The UK

The UK Fiancé Visa does not lead directly to settlement in the UK. However, once you have married in the UK, you will be able to apply for and switch from a Fiancé Visa to a UK Spouse Visa before your current leave in the UK expires.

The UK Spouse Visa is for married partners of British or Irish citizens, persons who are settled in the UK, persons with pre-settled status, persons with a Turkish Businessperson or Turkish Worker visa, and persons with refugee status or humanitarian protection who wish to join, or stay with, their husband or wife in the UK. An application for a UK Spouse Visa can be made from inside the UK when switching from a Fiancé Visa. The UK Spouse Visa can lead to indefinite leave to remain, or settlement in the UK, after a period of 5 years.

In this post, we look at how to switch from a UK Fiancé Visa to a UK Spouse Visa.

1. When Can You Switch from a Fiancé Visa to a Spouse Visa?

An application to switch to a UK Spouse Visa should be made before your leave in the UK as a fiancé has expired. If you are unable to marry before your current leave expires, you can apply for a 6-month extension to your stay. This is only possible if there is a good reason for the delay and you can provide evidence that the marriage ceremony is scheduled to take place within the following 6 months. There must be a good reason why the wedding has not taken place so far, together with evidence that a ceremony will take place within the next 6 months.

An application to switch to a UK Spouse Visa can be made at any time after you have married and received your marriage certificate, provided that you meet all the other requirements mentioned below. If the application to switch to a UK Spouse Visa is made on or before your leave as a fiancé expires, then your leave will be protected under Section 3C of the Immigration Act 1971 until a decision on your application for a UK Spouse Visa is made. Any late application will make you an overstayer.

You can find out more here about when Section 3C leave ends and FAQs about overstaying your visa in the UK.

2. Key Differences Between the Fiancé Visa and the Spouse Visa

One difference is that an application for entry clearance for a Fiancé Visa is made from outside the UK. An application for leave to remain as a spouse can be made from within the UK, so long as the Immigration Status Requirement is met. The application processing time will also be shorter when switching into a UK Spouse Visa than when the application for the UK Fiancé Visa was made. This is addressed in more detail below.

Another difference is that, as a fiancé, you are granted a period of leave of 6 months in the UK. If an application to switch to a UK Spouse Visa is successful, then you will be granted leave to remain for a period of 30 months initially. Before the initial grant of leave as a spouse expires, you will need to apply to extend your stay. If the application for further leave to remain as a spouse is successful, then you will be granted further leave to remain for a period of 30 months. After spending 5 years (60 months) in the UK as a spouse, you will be eligible to apply for indefinite leave to remain. Time spent in the UK on a Fiancé Visa does not count as part of the route to settlement.

Lastly, on a Fiancé Visa, you are not legally entitled to work or study in the UK. Once you have successfully switched to a UK Spouse Visa, you will legally be entitled to work and study in the UK. Additionally, on a Spouse Visa you can fully access the NHS with no further costs after payment of the Immigration Health Surcharge. By contrast, on a Fiancé Visa you have limited NHS access, and you will have to pay for secondary treatment. To find out more about NHS access, please see here.

3. Similarities Between the Fiancé Visa and the Spouse Visa

Many of the requirements that you had to satisfy to be eligible for a UK Fiancé Visa are similar to those for a UK Spouse Visa. The key difference from the previous UK Fiancé Visa is that you are now married.

4. UK Spouse Visa Requirements After a Fiancé Visa

In order to qualify for a UK Spouse Visa, you will need to satisfy UK Visas and Immigration that you meet the following requirements:

• Your partner is British or Irish, is settled in the UK, has been granted pre-settled status (and began living in the UK before 1 January 2021), holds a Turkish Businessperson or Turkish Worker visa, or has refugee status or humanitarian protection;
• You and your partner are both over the age of 18;
• You and your partner are not within a prohibited degree of relationship;
• You and your partner have met in person;
• You and your partner are legally married in a marriage that is recognised in the UK;
• Your relationship is genuine and subsisting;
• You and your partner intend to live together permanently in the UK;
• Any previous relationship has broken down permanently;
• You satisfy a financial requirement of £29,000 per year;
• There is adequate accommodation for you and any dependants;
• You speak and understand English to a required level.

Read more here about the requirements and supporting documents for the UK Spouse Visa and explore some of our Spouse, Partner and Family Visa success stories.

5. Is Your Marriage Recognised for a UK Spouse Visa?

In order to qualify for a UK Spouse Visa, you and your partner will need to be legally married in a marriage that is recognised in the UK.

To be recognised as valid, all marriages which take place in the UK must be monogamous and must be carried out in accordance with the requirements of the Marriage Act 1949 (as amended), the Marriage Act (Scotland) 1977, or the Marriage Order (Northern Ireland) 2003.

This means that any required notice of intention to marry must have been given, you must have been married at an authorised place of marriage, and your marriage must have been conducted by, or in the presence of, a person authorised to register marriages. For your marriage to be considered valid, both you and your spouse must have met the minimum age requirement on the date of the ceremony: 18 years old in England and Wales, or 16 years old in Scotland and Northern Ireland, the latter requiring parental consent.

A marriage in the UK must be evidenced by a marriage certificate.

6. What if I Cannot Satisfy the Requirements for a UK Spouse Visa?

If you are not able to satisfy the requirements for a UK Spouse Visa, you may still be able to remain in the UK on human rights grounds if there are exceptional circumstances.

7. What if My Spouse Visa Application Is Refused?

The most common reason for a Spouse Visa application to be refused is that the applicant fails to include sufficient documentary evidence in support of the application. Every case is different, and the required supporting documents for a Spouse Visa application will vary from case to case. You may wish to speak to an immigration lawyer for expert advice.

If your application for a UK Spouse Visa is refused, then you should have a right of appeal. This is because a spouse application is automatically deemed a human rights claim.

8. Processing Times for Switching to a Spouse Visa

Applications to switch into, or extend, leave as a spouse submitted from within the UK are usually decided within 8 weeks. The Home Office has reopened the Super Priority Visa service, which should provide a decision by the next working day.

9. Spouse Visa Fees and Immigration Health Surcharge

The Home Office application fee to switch into the spouse category from within the UK, or to extend stay as a spouse, is currently £1,407.

The Immigration Health Surcharge for leave to remain as a spouse is currently £1,035 per year. This means that, if you are granted leave to remain as a spouse for 2.5 years (30 months), you will have to pay £2,587.50 for the full Immigration Health Surcharge.

10. How Our Immigration Barristers Can Help

Our immigration barristers regularly assist foreign national fiancés to switch into the spouse route in order to settle in the UK with their partners. We have assisted hundreds of foreign national spouses to prepare and submit successful UK Spouse Visa applications.

Whether you require expert advice on the requirements of the Immigration Rules for Spouse Visas, an independent assessment of your prospects of qualifying for a Spouse Visa, or professional assistance with preparing a Spouse Visa application, our immigration barristers can help.

The financial requirement rules are particularly complex and include mandatory requirements in terms of the documentary evidence that must be provided to UK Visas and Immigration in order to demonstrate access to the relevant funds. Our immigration barristers specialise in assisting applicants with complex financial circumstances to secure successful outcomes in their Spouse Visa applications.

We pride ourselves on being approachable and proactive in understanding and meeting our clients’ needs. We are a highly driven team of immigration barristers, dedicated to providing clear and reliable immigration advice to individuals applying for a UK Spouse Visa as part of a professional and friendly service.

11. Contact Our Immigration Barristers

For expert advice in relation to a UK visa application or immigration appeal, contact our immigration barristers on 0203 617 9173 or complete our enquiry form.

12. Frequently Asked Questions: Switching from a Fiancé Visa to a Spouse Visa

When can you switch from a Fiancé Visa to a Spouse Visa?

You can apply after you have married and received your marriage certificate, provided you apply before your fiancé leave expires and meet the relevant requirements.

Can you apply for a Spouse Visa from inside the UK after a Fiancé Visa?

Yes. A UK Spouse Visa application can be made from inside the UK when switching from a Fiancé Visa.

Does time spent on a Fiancé Visa count towards settlement?

No. Time spent in the UK on a Fiancé Visa does not count towards the spouse route to settlement.

How long is leave granted on a Spouse Visa after switching?

A successful applicant is initially granted 30 months of leave to remain. A further extension is usually required before applying for settlement.

What is the financial requirement for a UK Spouse Visa?

The financial requirement is £29,000 per year.

What happens if a Spouse Visa application is refused?

A refused spouse application should carry a right of appeal because it is treated as a human rights claim.