Moving abroad with your spouse is an exciting life event! It’s an opportunity to create new memories as you begin a new chapter in your lives together. The two most common types of visas for entering the United Kingdom to be with a partner are the Spouse and Fiance visas.
When compared side by side, none of these visa processes is noticeably quicker. So that you may make a well-informed choice, we will outline the key distinctions between the two visas and give you an idea of the timeframes that are necessary.
What is the difference between a UK Fiancé Visa and a Spouse Visa?
There are several purposes for the fiancé and spouse visas, each with its own set of criteria and advantages.
UK Fiance Visa
For those planning to tie the knot with a British citizen or permanent resident, the UK Fiance Visa provides a pathway to entrance. This visa is for a family and enables visitors to the UK for a maximum of six months, during which time they are required to tie the knot. Since extensions for this visa are rare, you must return to your home country if you do not marry within the given timeframe. Once you tie the knot with your spouse, however, you’ll be allowed to transfer your visa status to that of a spouse.
Requirements:
- Get serious with a British citizen or permanent resident.
- Plan to get married in the UK within six months of arriving.
- Documentation showing the dissolution of any previous marriages or civil unions.
UK Spouse Visa
You may apply for a UK Spouse Visa (also called a partner visa) if you are married to someone outside of the UK, in a civil partnership, or have established status in the UK with a British citizen or permanent resident. The initial validity period of this visa is 2.6 years, with the possibility of an additional 2.6 years of extension subject to certain criteria. You may get British citizenship and Indefinite Leave to Remain (ILR) with this visa.
Requirements:
- Must be in a legally registered UK civil union or married
- Establish a genuine and ongoing relationship
- Convey your proficiency in the English language
- Present evidence of your financial capability
- Financially sustain oneself and one’s dependents while residing in the United Kingdom
While both visas allow you to visit your partner in the UK, the perks of each are different. The spouse visa is the straight route to apply for British citizenship after obtaining the ILR, but the fiance visa is a prerequisite. The Spouse Visa allows foreign nationals to stay in the United Kingdom for up to five years before being eligible for permanent residence (ILR), which might speed up the process of applying for permanent residency.
Although they fit into distinct categories, both types of UK family visas may help bring your spouse to the UK. Your present marital status, future intentions, and vision of your life in the UK will determine which of the two options is best for you.
What is a UK Fiancé Visa?
While the partner or spouse visa lets you stay in the UK with your long-term partner, the fiancé visa lets you come to the UK with your future spouse to tie the knot and settle down. You are required to get married or form a civil partnership during the six months of the visa’s validity.
Although the fiancé visa does not directly result in ILR, it may pave the way to eventual citizenship. Within the UK, you will be able to apply for a spouse visa that is valid for 2.5 years after you are married. You have the option to extend it for an additional 2.5 years.
For permanent residency, you need to be in the UK for five years before you may apply. There will be no deduction from your five-year total for the period you spent in the UK on a fiancé visa. To apply for British citizenship, you must possess ILR for a minimum of twelve months.
Why would you opt for a fiancé visa over a spouse visa?
The best visa for you depends on your situation, goals, and other factors, just like any other visa.
The spouse/partner visa is the most direct path to take if you are already married. There are two options available to you if you are single: one is to be married, and the other is to cohabitate for at least two years. In the former case, you may be able to apply for a spouse or partner visa instead. You may want to look into a fiancé visa if you’re planning to be married or form a civil partnership but don’t quite fit the criteria.
If you can arrange a marriage inside your home country, the spouse visa may still be the best choice in this case. You may apply for a spouse visa in this manner, and your stay in the UK will contribute towards permanent resident status.
If you’re determined to have your wedding in the United Kingdom, a fiancé visa might be an option to explore. Another scenario is when you’re in a relationship with someone of the same sex but cannot legally marry them in your own country.
How to prove your relationship?
The amount of proof needed to satisfy the real relationship criteria might be difficult to determine due to the ambiguity of the Home Office guidelines. You should bring a large portfolio of supporting papers to support your visa application since proof of your connection is the most important aspect.
Any variety of legal papers may attest to a couple’s relationship status, including but not limited to:
- The history of your relationship as well as other specifics should be included in this document. You need to highlight the specifics of your relationship, including how you two met, the stages it went through, and your plans to settle in the UK as a couple.
- Photos of the two of you that span the whole history of your relationship!
- An individual applying for a fiancé visa to the UK must provide evidence of their intention to be married there, such as details of the wedding and confirmations of any reservations.
- Things like vacation plans or hotel reservations might serve as proof of any excursions you’ve done together.
An expert from our visa agency can help you determine which papers are necessary for your application.
The Benefits of the Spouse Visa Over the Fiancé Visa
The Fiancé visa could be the best option for some couples, but many others may find that the regular Spouse visa gives them more leeway in terms of when and how they apply for immigration.
Here are some of the reasons for this:
- Before applying for a Spouse visa, couples are free to be married or form a civil partnership wherever they are in the globe.
- A visa, often called the “Unmarried Partner visa,” is available to couples who have been together for at least two years but do not want to be married or form a civil partnership.
- Applicants seeking spouse visas only need to seek authorisation once, as opposed to the two-step process required for Fiancé visas (one to enter the country for the purpose of marriage, and another to extend it to get full spouse rights).
- Instead of waiting to work or attend school following their entry into the UK with a Spouse visa, the non-UK spouse may do so immediately.
For the reasons above, a regular Spouse visa can be a better option than a Fiancé visa for couples who want greater freedom in choosing when and where they tie the knot or form a civil union.
Which visa is best for me?
The Fiancé visa has additional criteria and limitations, but in the end, it leads to the same ending as the Spouse visa. Therefore, couples will need to decide whether the extra hassle is worth it.
The primary advantage of the Fiancé visa is that it allows couples to marry in the UK even if one of them is not a citizen of the UK or Ireland. After the wedding, they may seek to settle permanently without leaving the country.
If the couple’s goals are already in sync, this might be a fast and easy way to achieve them (provided they are aware of the limitations of the Fiancé visa, such as the foreign partner’s inability to work).
On the other hand, some people may choose to utilise the Spouse visa since it has fewer limits than the other options, such as not limiting them based on where they get married or how serious their relationship is.
In order to choose which one is ideal for their requirements and future goals, couples should carefully consider their individual situations.
How our UK visa agents can help with your visa application?
You should research the several visas the UK provides to choose which one is most appropriate for your needs, both now and in the future, before submitting your application. Everything you need to know about applying for a visa may differ based on your specific situation.
We always suggest that you talk to an immigration lawyer first. If you let them evaluate your situation, they can figure out how to fix it. Visas to the UK are expensive, and if you make a mistake on your application, you risk having it rejected.
To increase your application’s chances of success, an immigration consultant may also assist you in gathering the necessary paperwork, submit it on your behalf, and review it thoroughly.
Frequently Asked Questions
Can I bring my children to the UK with a Spouse Visa?
Your Spouse Visa application may accommodate dependant children under the age of eighteen, allowing them to join you in the United Kingdom.
What if I don’t marry within six months on a Fiancé Visa?
Your Fiance Visa will expire after six months if you do not tie the knot while you are a UK resident. Overstaying a visa may have a negative impact on future applications, and extensions are uncommon.
What is the financial requirement for a Spouse Visa?
Beginning April 11, 2024, the minimum income required to apply for a UK family visa will be £29,000. Get up-to-date, comprehensive information on the financial requirements for family visas, including how to satisfy them with income, savings, investments, pensions, and more, by reading our page on the subject. Or, for a direct consultation, feel free to contact us.
