Deciding to live together in the UK is the most important step a couple can take when choosing between a UK spouse visa and a fiancé visa. The two visas have different purposes and requirements, so understanding which will suit your case best is very important. This article will help you find out which will suit you best if you are married or planning to marry in the UK.
Understanding the UK Fiancé Visa
The UK Fiancé Visa is intended for individuals wishing to live in the United Kingdom as a fiancé or fiancée to a British citizen or a person with a valid residence permit in the UK and those who plan to get married within six months after entering the country. That visa allows you to travel to the UK to get married, although it does not entitle you to work or study during those periods.
For this to happen, to be eligible for a Fiancé Visa, you and your partner must be 18 years and above; you have to intend to marry within six months of arrival in the US; the two of you have to have met in person. You have to prove that your relationship is genuine, and the final requirement is that you earn a minimum of £18,600 per year. You can then apply for a Spouse Visa once you get married within the allowed period, and this way, you will be granted permission to work and stay in the UK for longer.
Understanding UK Spouse Visa
The UK Spouse Visa is designed for those who are either married or in a civil partnership with a UK citizen or one with settled status. This visa is granted for a period of 30 months, with an allowance for an extension, and you are allowed to work and study in the UK. Unlike the Fiancé Visa, it offers a direct path toward long-term settlement since time spent on this visa counts toward ILR.
To apply for a Spouse Visa, one must be able to prove a genuine relationship, a legal marriage, and financial and accommodation requirements. There is also the so-called ‘Genuine Relationship Test’, whereby the applicant has to present documents proving that he or she has not married for immigration purposes. You have to fulfil all these conditions to eliminate any possibility of a delay or refusal, as the Spouse Visa application is among the most rigorous by UKVI.
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Financial Considerations
In general, one can note that Spouse Visa and Fiancé Visa fees are similar. However, in the long term, the UK Spouse Visa will be more favourable financially after getting married, while on the Fiancé Visa, one is required to apply for a change of status to a Spouse Visa, which comes with extra costs. Another distinctive factor regarding the Spouse Visa is the requirement that the IHS, necessary for the majority of visas, be paid in its entirety at the time of making the application. This surcharge will depend on how long the visa is issued but gives you access to the National Health Service while in the UK.
For married couples or those who want to lighten the burden of making applications for visas, the Spouse Visa could be your cheaper alternative. On the other hand, if you desire to get married in the UK before settling, an initial Fiancé Visa may be more appropriate.
Long-Term Settlement and Spouse Visa Extension
The major benefit of the Spouse Visa is that it provides long-term settlement. After five years on this visa, you would generally qualify for ILR after an initial period and one spouse visa extension, which in itself is a route to full British citizenship. However, the Fiancé Visa does not contribute to meeting the ILR residency requirement until it is converted into a Spouse Visa; thus, if long-term settlement is a key imperative, the Spouse Visa presents a more appropriate and direct path.
Additionally, a spouse visa extension is straightforward as long as you can still demonstrate that you meet both the financial and relationship requirements, making it practical for those committed to living in the UK.
Get Visa Assistance
A decision on which would be more appropriate between a UK Spouse Visa or a Fiancé Visa would depend on the status of your current relationship and your long-term plans. This applies to a marriage already in existence and where you plan to reside in the UK on a permanent basis. More often than not, the Spouse Visa is considered the more viable option because it’s stable and direct to settlement. If you wish to get married in the UK, you could apply for the Fiancé Visa, which allows you to do this and vary your visa category to the Spouse Visa. For more advice on how to go about the immigration process in the UK and how to qualify for a spouse visa in the UK, kindly contact A Y & J Solicitors.
