1. Introduction
If you have entered the UK on a fiance visa and recently married or entered into a civil partnership, the next important step is to switch to a spouse visa. This switch is not only necessary for legal reasons but also opens up new opportunities, such as the right to work and access to certain public benefits. Failing to transition from a fiance visa to a spouse visa within the given time frame can lead to severe legal consequences, including overstaying your visa, deportation, or being banned from re-entry into the UK.
In this guide, we will break down the process step-by-step to help you navigate the transition smoothly and avoid common pitfalls. You’ll learn about eligibility requirements, the application process, and key documents to prepare, ensuring that your switch is successful. If you feel uncertain at any point, it is always a good idea to consult with a UK marriage spouse visa solicitor, who can provide personalized guidance.
2. Overview of the UK Fiance Visa
The UK fiance visa allows non-UK residents to enter the country with the intent of marrying a British citizen or someone with settled status. Unlike a visitor’s visa, a fiance visa is specifically for those who plan to marry within the UK. This visa is valid for six months, giving the couple enough time to marry or enter into a civil partnership.
However, during this time, the visa holder cannot work or access public funds. The fiance visa is purely for the purpose of marriage, and after the wedding, it is crucial to switch to a spouse visa to stay in the UK legally. A spouse visa grants many more rights, including the ability to work and remain in the country with your partner for an extended period. This next step is critical for couples wishing to build their lives in the UK.
3. Eligibility Criteria for Switching to a Spouse Visa
Switching from a fiance visa to a spouse visa requires meeting specific eligibility requirements. These conditions must be met for the visa application to be successful, and failure to do so could result in a refusal, delaying your plans to stay in the UK. Here’s what you need to know about the eligibility criteria:
• Marriage or Civil Partnership: The most obvious requirement is that you must have legally married or entered into a civil partnership during the six months of your fiance visa. The wedding or civil partnership must take place in the UK. It’s vital to keep the marriage certificate safe, as it will be needed when applying for the spouse visa.
• Relationship Requirement: You will need to prove that your relationship is genuine and ongoing. This could include photos, messages, joint financial documents, and statements from friends or family. It’s important to provide solid evidence, especially if the Home Office suspects your relationship might be a "marriage of convenience." If you are unsure about how to collect sufficient proof, consulting a UK marriage spouse visa solicitor can help ensure that your application is thorough.
• Financial Requirement: There is a financial threshold that you and your partner must meet to switch to a spouse visa. Usually, your sponsor (your UK-based spouse) must have an income of at least £18,600 per year, or show that you have sufficient savings. If children are also part of the application, the financial requirement increases.
• Accommodation: You must prove that you have adequate accommodation in the UK without relying on public funds. This could be a rental property or home that you and your spouse own. The Home Office needs to be assured that your living situation is stable and won't result in overcrowding.
• English Language Requirement: Lastly, you must meet the English language requirement by passing an approved English language test. However, some applicants are exempt, such as those from majority English-speaking countries or those who have a degree taught in English.
4. Required Documents for the Application
When applying to switch to a spouse visa, you will need to submit several important documents. Failing to provide these or submitting incorrect or outdated documents can result in delays or even refusal. Here's a checklist of what you’ll need:
• Marriage or Civil Partnership Certificate: This is the most essential document to prove that you and your spouse are legally married or in a civil partnership. Make sure it’s an official certificate and not a copy or translation without the original.
• Proof of Relationship: Gather evidence that shows your relationship is genuine. This can include photos from different stages of your relationship, messages or letters, joint financial accounts, shared utility bills, or even testimonies from family and friends who can vouch for your relationship.
• Financial Documents: You will need to show proof of income or savings that meet the financial threshold. This includes your partner’s payslips, bank statements, and possibly tax returns or employment contracts. If you are relying on savings, make sure the funds have been held for the required period before applying.
• Proof of Accommodation: This can be a rental agreement or proof of home ownership. The Home Office will want to know that you have a secure place to live in the UK without resorting to public funds.
• Biometric Information and Passport: You will need to submit your biometric information, including fingerprints and a photo, as part of the application. Your passport and any previous visas or immigration documents are also required.
5. The Application Process
Switching from a fiance visa to a spouse visa is done through an official application known as the FLR (M) form, which stands for "Further Leave to Remain." You can submit this form online or by post, but many applicants prefer to do it online for faster processing. Here's an overview of the steps involved:
• Complete the FLR (M) Form: This form collects your personal details, information about your spouse, and your relationship. You’ll need to fill out every section carefully to avoid errors. If any part of the form is unclear, a UK marriage spouse visa solicitor can provide guidance on how to complete it correctly.
• Pay the Fees: The spouse visa application requires a fee, which currently stands at around £1,033. In addition to this, you will need to pay the Immigration Health Surcharge (IHS), which is usually £624 per year. This surcharge allows you to use the NHS during your stay in the UK.
• Submit Biometrics: After submitting your application, you will need to attend an appointment at a UK Visa and Citizenship Application Services (UKVCAS) centre. There, you will provide your biometric information, which includes fingerprints and a photograph.
• Decision and Waiting Time: Once your application is submitted, the processing time is generally around 8 weeks. However, you can opt for priority service, which aims to process the application within 5 working days. During this time, ensure that all your details and documents are in order to prevent any delays.
6. How Long Does the Process Take?
The standard processing time for switching from a fiance visa to a spouse visa is typically around 8 weeks. However, processing times can vary based on demand and whether there are any issues with your application. If you need a faster response, you can choose the priority service, which speeds up the decision process to around 5 working days. Keep in mind that any errors in your application, missing documents, or lack of evidence can lead to delays, so it’s important to double-check everything before submission.
7. Conclusion
Switching from a UK fiance visa to a spouse visa is a crucial step for couples who wish to stay together in the UK long-term. By understanding the eligibility requirements, gathering the necessary documents, and carefully following the application process, you can ensure a smooth transition. Proper preparation and timely action can prevent unnecessary delays and complications. If you’re ever unsure about the application process, working with a UK marriage spouse visa solicitor can help ensure your success in switching from a fiance to a spouse visa, allowing you to build your future together in the UK.
