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How to Decide between Applying for a Fiancé or UK Spouse Visa

UK Fiancé Visa and UK Spouse Visa are a part of the UK family visa category. Both visas allow you to join your partner in the UK; however, which visa you can choose depends upon the relationship status between you and your UK partner. Both these visas come under the category of UK Partner Visa.

A UK spouse visa allows you to join your spouse or long-term partner in the UK, while a UK fiancé visa allows you to join your future spouse in the UK, whom you can marry within the prescribed time limit of 6 months and then live together in the UK. If you fail to marry within six months, you must leave the UK before your visa expires.

The UK spouse visa allows you to stay in the UK for 30 months initially, and on the other hand UK fiancé visa allows you to stay only for six months in the UK. However, once on a UK fiancé visa, you must get married to your UK partner within six months of your arrival, and then you can apply for a UK spouse visa and continue living with your partner in the UK.

 

How to decide between a UK fiancé visa and a UK spouse visa?

Here are a few considerations to make while choosing between a UK fiancé visa and a UK spouse visa:

1. Relationship status

If you are married to or in a civil partnership with a British citizen or one with settled status in the UK, you can apply for a UK spouse visa to join your spouse or partner in the UK. However, for a UK fiancé visa, you must be in a relationship with a British citizen or one with settled status in the UK. You must also intend to marry your fiancé within six months of your arrival in the UK.

2. How long can you stay?

UK spouse visa allows you to stay for up to 30 months initially, after which you can apply for an extension of another 30 months. UK fiancé visa allows you to stay in the UK for six months only, but once you get married to your partner within six months, you can switch to a UK spouse visa and continue living with your partner in the UK.

3. Route to indefinite leave to remain and citizenship

If you wish to obtain ILR, a UK spouse visa allows you to apply for ILR once you have spent five years continuously in the UK and meet other eligibility requirements. Once ILR is granted, spouse visa holders can apply for British citizenship. UK fiancé visa does not lead to settlement in the UK. You have first to get married to your fiancé within six months of your arrival in the UK on a UK fiancé visa. After that, you can switch to a UK spouse visa, leading you to settlement in the form of ILR in the UK. Time spent in the UK on a Fiancé visa does not count towards the 5-year residency requirement for ILR.

4. Processing time

Processing time for a UK fiancé visa and a UK spouse visa is the same, which is currently between 8 to 12 weeks. So, here there is not much difference.

5. The application process

The application process for a UK spouse visa and a UK fiancé visa is pretty much the same. You must apply online for both visas.

6. What will be your rights? 

UK spouse visa holders are given a biometric residence permit to live, work and study in the UK. UK fiancé visa holders cannot get a biometric residence permit, and thus, they cannot work or study in the UK.    

 

How can we help?

We have helped many clients to join their families in the UK. We have expertise in UK Family Visa applications. If you are not able to decide whether to apply for a Fiancé Visa or a Spouse Visa, you can discuss your situation with us, and after assessing your eligibility for both visas, we offer you professional legal advice and assistance about the best-suited immigration route for you.
We help you in the application process for the visa type you have decided after consultation with us. We help you file the required visa form, submit the necessary documents and write you a letter of representation to support your application.  You can contact us on 02034111261 or email us info@visaandmigration.com

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Visa and Migration is a private OISC regulated company (F201500999) and is not an official Government body. If you would like to prepare and submit your UK immigration application yourself you can do so by visiting the UKVI website.