The UK Fiancé Visa allows a non‑British partner to enter the UK for up to six months to marry a British or Irish citizen (or a person settled in the UK). Once married, the applicant can switch to a UK Spouse Visa before the fiancé leave expires.
When a switch is possible
- Before the fiancé leave ends – The application to switch must be submitted before the six‑month fiancé permission expires. If the wedding cannot occur in time, a six‑month extension may be granted only with a valid reason and evidence of a scheduled ceremony within the next six months.
- After marriage – Once a marriage certificate is received, the applicant may apply at any time, provided all other requirements are met. An application made on or before the fiancé leave expires is protected under Section 3C of the Immigration Act 1971, keeping the applicant’s status lawful until a decision is made. Late applications result in overstaying.
Key differences between the Fiancé and Spouse visas
| Aspect | Fiancé Visa | Spouse Visa (after switch) |
|---|---|---|
| Application location | Made from outside the UK (entry clearance) | Made from inside the UK (leave to remain) |
| Initial leave period | 6 months (no right to work or study) | 30 months (right to work, study, full NHS access) |
| Settlement route | Time does not count toward settlement | After 5 years as a spouse (60 months) the applicant may apply for indefinite leave to remain |
| Processing time | Longer (initial entry clearance) | Typically 8 weeks for a switch or extension; Super‑Priority service can give a decision the next working day |
| Financial requirement | Not applicable | £29,000 per year income or savings |
Core requirements for a UK Spouse Visa
- Partner must be British, Irish, settled, hold pre‑settled status (living in the UK before 1 Jan 2021), have a Turkish Businessperson/Worker visa, or have refugee/humanitarian protection.
- Both parties must be 18 or older and not related within a prohibited degree.
- The couple must have met in person and be legally married in a ceremony recognised under the Marriage Act 1949 (England & Wales), the Marriage Act 1977 (Scotland), or the Marriage Order 2003 (Northern Ireland).
- The marriage must be genuine, subsisting, and intended to be permanent.
- Financial requirement: £29,000 annual income (or equivalent savings).
- Adequate accommodation for the applicant and any dependants.
- English language proficiency at the required level.
Recognised marriage criteria
- Must be monogamous and conducted according to the relevant marriage legislation.
- Notice of intention to marry must be given, the ceremony must take place at an authorised venue, and be performed by an authorised person.
- Minimum age: 18 in England & Wales; 16 in Scotland and Northern Ireland (the latter requires parental consent).
- Evidence: a valid marriage certificate.
If requirements cannot be met
Applicants who cannot satisfy the Spouse Visa criteria may still remain on human‑rights grounds if exceptional circumstances exist.
Refusal and appeal
The most common refusal reason is insufficient documentary evidence. A refused Spouse Visa application is treated as a human‑rights claim, giving the applicant a right of appeal.
Processing times
- Standard decision: within 8 weeks for switches or extensions.
- Super‑Priority service (when available): decision by the next working day.
Fees
- Application fee (switch or extension): £1,407.
- Immigration Health Surcharge: £1,035 per year.
- Example: for a 30‑month grant, the surcharge totals £2,587.50.
Frequently asked questions
- When can you switch? After marriage and before the fiancé leave expires, meeting all requirements.
- Can you apply from inside the UK? Yes, a Spouse Visa application can be made from within the UK when switching.
- Does time on a Fiancé Visa count toward settlement? No, it does not count toward the five‑year settlement period.
- How long is the initial leave on a Spouse Visa? 30 months, with a further 30‑month extension usually needed before applying for settlement.
- What is the financial requirement? £29,000 per year.
- What happens if the application is refused? The applicant has a right of appeal, as the case is treated as a human‑rights claim.
Source article: immigrationbarrister.co.uk
