Question: Should I apply for a UK Fiance Visa or a Spouse Visa? Which is better?
Answer: The real question should be “Do you want to marry your partner in the UK or outside the UK?” as this will determine what visa you would need to apply for.
If you have British citizenship or a settled person in the UK and prefer to marry your (Non-British) partner in the UK, then applying for a UK Fiance visa or Proposed Civil Partner Visa for them to join you in the UK will likely be the best option for you.
If, however, time and money is your priority, you could look to get married outside the UK and then your partner could apply for Spouse Visa to enable them to come and join you in the UK.
Both Visas will be explained in more detail further below.
What Is the Difference Between Applying for a Fiancé(e) Visa and the Marriage Visitor Visa?
The main difference between these 2 visa categories is that the Marriage Visitor Visa does NOT allow the Applicant to switch.
With a Fiancé visa however, the Applicant is able to switch/submit an application for leave to remain as a Spouse/Civil Partner once they are married to their Partner in the UK.
What Is the Process for Applying for a Fiancé(e) Visa?
The application process is the same as any other Partner-Visa application (i.e. as a Spouse, a Proposed Civil Partner or a Civil Partner), since all Partner-Visa applications must meet the requirements under Appendix FM of the Immigration Rules.
The process is usually to complete and submit the application form online, book the biometric appointment online, attend the biometric appointment at the Applicant’s nearest visa centre in their country of origin/residence, pay the visa fees and the Immigration Health Surcharge (IHS), if applicable, and submit their supporting documents, either at the Visa Centre on their biometric appointment date, in the U.K.
Also Read: Fee Waiver Application to Home Office UKVI
How Much Is The Fee for a Fiancé(e) Visa?
The current Home Office fee for a Fiancé(e) and Spouse Visa UK is the same, which is: £2,064. Please note that this is payable in either the local currency, where the Applicant is applying from.
What Are the Requirements for a UK Fiance(é) Visa?
The requirements are contained in Appendix FM of the Immigration Rules. The Applicant and their Partner must meet the Relationship Test Requirement, the Financial and Accommodation Requirements, the English Language Test Requirement (if applicable), and the Tuberculosis Test Requirement (if applicable).
How Can I Prove that the Requirements Are Met?
Documents, documents, documents. Supporting documents are VITAL to each and every Applicant’s application. The quality of the documents is of paramount importance because the UKVI will base their decision on these. They usually do not interview Applicants and their Sponsors, although this does happen, albeit very rarely. The onus is on the Applicant to provide the UKVI with their supporting documents to support of their application.
How Long Does the Process Take?
On average, the UKVI usually takes 3-4 months to make a decision on an application. However, this is on a case by case basis and is dependent on the complexity of the application. In practice, the longest any of my own clients has had to wait for a decision is 10 months.
Is there a way for the UKVI to make a decision quicker than this?
Yes. There is a service available called the “Priority Visa Service.” This is an additional service, and costs £500, which is payable in addition to the Visa Fee.
Do we need to make the IHS Payment? What about if we are getting private health insurance and so will not be using the NHS for any medical treatment?
As the UK fiance visa is valid for a maximum period of 6 months, payment of the IHS fee is exempted. However, if/once you are applying for a spouse visa, the IHS Payment is a mandatory requirement, irrespective of whether or not the Applicant will be accessing the NHS for medical treatment in the UK. The fee for the IHS is currently £3,105 if applying to enter the UK as a Spouse, or £2,587.50 when applying for leave to remain as a Spouse after you are married in the UK.
Also Read: What is a NTL Application to the Home Office
How Long Is a UK Fiance Visa Valid for?
As stated above, the visa is valid for a maximum of 6 months. The purpose of the visa is for the Applicant and their Partner to get married in the UK, within that 6-month period.
This is also the same for those applying for the Proposed Civil Partner Visa, i.e. those wishing to enter into a Civil Partnership with their Partners (commonly known as a same sex marriage), which is legally recognised in the UK.
When Should I Apply for Leave to Remain as a Spouse/Civil Partner?
As stated above, as soon as the Applicant and their Partner are married, the Applicant can then apply to the UKVI/Home Office from within the UK for leave to remain as a Spouse/Civil Partner.
Will the application for leave to remain as a Spouse/Civil Partner be processed as a separate application to the UK Fiance Visa/Proposed Civil Partner Visa?
Yes, the application will be deemed as a new application, which means paying a separate fee to the Home Office, as well as the IHS fee.
How Much Are the Fees?
The current Home Office fee for an application for leave to remain in the UK as a Spouse/Civil Partner is £1,407. In addition, the Immigration Health Surcharge (IHS) fee is currently £2,587.50, calculated at £1,035 per year for a visa granted for 2 years and 6 months. The IHS fee is payable because leave to remain as a Spouse/Civil Partner is granted for a period exceeding 6 months. Please note that UKVI/Home Office application fees and IHS rates are subject to change and are subject to change. .
How Long Is the leave valid for?
The leave is valid for 2 and a half years. At least a month before the leave expires, the Applicant must submit an application to extend it for a further 2 and a half years.
When Can I Apply for Indefinite Leave to Remain/Permanent Status in the UK?
Once the Applicant has had at least 5 years’ leave as a Spouse, they are eligible to apply for Indefinite Leave to Remain as Spouse, providing that the requirements are met, of course.
For more details about UK visa and immigration, connect with My Legal Services in Central London, the UK or call us at 020 3732 4736 or 079 5715 4057.
