Switch to a UK Spouse Visa from Another Visa

If you are currently in the UK on a different type of visa, you may be eligible to switch to a Spouse visa if you fulfill the necessary requirements.

If you need assistance with the UK Spouse Visa or guidance on switching to it, our expert immigration lawyers are here to help. Call us at 02033939272 or fill out our online form to check your eligibility and get expert support.

An Overview of Switching to a UK Spouse Visa

The UK Spouse visa allows foreign nationals to live in the UK with a British or Irish spouse or partner. The eligibility for this visa category has specific financial, accommodation, and language requirements. They also must prove that the relationship is genuine and ongoing.

There are two primary ways to apply for a Spouse visa:

Applying from Outside the UK – This option grants entry clearance to individuals applying from abroad.
Switching from Another Visa While in the UK – Applicants who are already in the UK on a valid visa can apply to switch to a Spouse visa if they meet the eligibility criteria.

People on long term visas often qualify to change to a Spouse visa, but people on short term visas, like visitor visa, are unlikely to change to a Spouse visa.

Eligibility Criteria for the UK Spouse Visa

In order to change your visa to any other Spouse visa you’ll need to be eligible under the requirements below:

You have to be legally married or in a civil partnership with one of the following:

A British citizen or Irish citizen
An individual with settled status (for example, with indefinite leave to remain or a right to abode, or with pre-settled or settled status under the EU Settlement Scheme, where the relevant person arrived in the UK before 1 January 2021)
A holder of a Turkish Businessperson or Turkish Worker visa
A refugee or person with humanitarian protection in the UK

You and your partner have to be at least 18 years old.
You have to prove that your relationship is real and it’s still ongoing.
You and your partner must intend to live together permanently in the UK in accommodation that does not depend on public funds.
You have to meet the financial requirements.
The minimum English language proficiency required has to be satisfied.

Switching from a Fiance Visa to a Spouse Visa

It is a common procedure to switch from a Fiance visa (or a Proposed Civil Partner visa to a Civil Partnership visa) to a Spouse visa.

A Fiance visa is a type of visa that gives people the chance of entering the UK to marry the person to whom they wish to get married. It’s valid for 6 months and within that, the marriage has to take place.

Once you are married and you prefer not to leave the UK, you can apply to get a Spouse visa. In order to be successful you will have to fulfill the requirements that are based on your eligibility for the Spouse visa. You will be given 30 months’ leave to remain in the UK on approval.

Please note that time spent in the UK on a Fiance visa does not contribute towards your residency period for indefinite leave to remain (ILR).

Switching from Work and Student Visas to a Spouse Visa

Generally, most of the work and student visa holders in the UK are eligible for a Spouse visa.

To switch, your current visa must:

Be valid for more than six months.
Not be a visitor visa, or some other short-term category (except Fiance visa).

Visas commonly eligible for switching include:

Skilled Worker visa (including Tier 2 visas)
Student visa
Graduate visa
Temporary Work visa

Always ensure that your application is submitted while you still have a valid visa as you cannot apply while on visa expiry.

Switching from a Marriage Visitor Visa

While the Marriage Visitor visa is similar to the Fiance visa, you are not allowed to change to a Spouse visa or extend your stay by getting married in the UK.

The Marriage Visitor visa is for those who want to marry in the UK and who do not intend to settle in the UK. If you do wish to live in the UK after you’ve married, you will have to apply for a Fiance visa instead.

Switching from a Visitor Visa

The visitor visa is for short stays and does not allow for a switch to a spouse visa in the UK.

As long as you are on a Visitor visa and looking to get a Spouse visa, the only way you can do this is by leaving the UK and making your Spouse visa application outside of the UK. Apply only if you fulfill all eligibility requirements.

How to Apply to Switch to a UK Spouse Visa

Applying online through the official UK government website is the way to switch to a Spouse visa from within the UK.

Now, you have to go through this application process which accepts the following:

Provide accurate personal information.
You will need to submit supporting documents to verify your eligibility.
State that you are applying from within the UK, as the application process differs depending on where you are when making the application.

If your Spouse visa application is pending while your current visa is ending, you are allowed to remain in the UK until it is decided. Your application will be refused and you will be given 14 days to appeal or leave the UK.

Fees for Switching to a UK Spouse Visa

The cost to change from within the UK to a Spouse visa is £1,048.

You will also have to apply for Immigration Health Surcharge (IHS) to access NHS services. This will cost £1,035 per year for your stay.

Other potential costs include:

English language test fees (if applicable)
Certified translation fees for documents not in English or Welsh
The cost of the Ecctis certificate to verify foreign academic qualifications.
Expedited decision priority processing fees (if applicable)

Can You Switch to a Spouse Visa if Your Spouse is on a Visitor Visa?

To switch to a Spouse visa, your spouse must be either:

A British or Irish citizen
A person with settled status (such as indefinite leave to remain)

If your spouse is only on a visitor or temporary work visa to the UK, you can’t apply for a Spouse. However, in such cases, you must apply as a dependent based on your visa type, following the specific rules applicable to that visa.

How Can Rees Clayton Solicitors Assist You?

The process of converting to a UK Spouse visa can be challenging because the eligibility and visa conditions are so complex. We have our expert immigration lawyers available at every stage of the process.

With extensive expertise in UK immigration law and years of experience handling Spouse Visa applications, we are here to assist you. Whether you need help with the application process, drafting a strong submission, or addressing any concerns, our team is ready to support you every step of the way.

Disclaimer

This website and its articles are not meant to give legal advice, but rather to provide general information. We make every effort to ensure that the content is accurate, but we cannot guarantee that it is comprehensive or applicable to specific situations. If users have any particular legal issues or concerns, they should not rely solely on the information given and should instead consult a solicitor. We at UK Immigration Solicitors are not responsible for anything that people do or don’t do after reading our articles. For tailored advice or to discuss your specific situation, please contact our experienced UK immigration solicitors at 02033844389.