Key Difference Between UK Spouse Visa and Fiance Visa

The UK Spouse visa, Fiance visa, and Unmarried Partner visa are only a few visas available to people who want to join their partner or spouse in the UK. To help you make the best choice, we compare both of them.

These family-related visas have similar names, making it challenging to choose the one that is best for you. But there are key differences between them. Our blog post seeks to help you determine which is best for you based on your circumstances and those of your family.

Difference Between The UK Fiance Visa vs Spouse Visa:

The Home Office issued a UK Fiance visa for people engaged with their partner in the UK. It grants you entry to the UK for a period of six months. 

You are required to marry your fiancé in the UK.

The Spouse visa, on the other hand, is for people who are already married to, in a civil partnership with, or living in the UK with a spouse who is a British citizen or settled or with pre-settled status.

The fact that one expires after only six months and the other can continue for up to thirty months is an essential difference between the two types of UK visas. It can only be extended in exceptional circumstances. Both visas are classified as family visas in the UK.

The fiance route has been designed to give some time for marriage. It has been incorporated into the standard “partner” pathway for UK Family visa applications. Each visa has specific eligibility requirements, such as essential conditions that must be satisfied by both the applicant and their sponsor (your sponsor is your spouse or partner).

What are the basic conditions for a UK Fiance Visa?

Make sure you meet the requirements first if you believe the fiancé visa is better for you and your situation. These are the primary prerequisites:

• A British national, someone with Indefinite Leave to Remain, Limited Leave to Remain under Appendix EU, or Limited Leave to Remain under Appendix ECAA are the only options for your relationship.
• Both you and your companion need to be older than 18.
• You and your partner must intend to remain together permanently in the UK and show the Home Office that you have arranged suitable housing.
• Within six months of arriving in the UK, you must get married to your spouse.
• The English language requirement must be satisfied.
• You must offer evidence that any prior unions or relationships ended.

Additional necessary conditions include:

• You must meet the financial requirements. Your partner must earn at least £18,600 per year to sponsor you, and there is an additional financial requirement of £3,800 for the first child and £2,400 per child for any additional children if you plan to bring them to the UK.
• You must show evidence of your physical meeting to show the sincerity of your relationship.

What are the UK spouse visa requirements?

You must once more satisfy the pertinent requirements if you believe this is your ideal family visa. In the UK, getting this type of visa can be notoriously challenging because the Home Office needs to be convinced that the applicant and their sponsor (spouse) are not engaging in deceptive conduct and are in a sincere relationship.

Also Read: What is Indefinite Leave to Remain Expiry Rules?

Candidates for a UK Spouse visa must:

• To prove to the Home Office that you are in a legal relationship, you and your partner must pass the “Genuine Relationship Test.”
• Your union must be legal.
• You must be at least 18 years old, as well as your companion.
• You must be married to, or in a civil partnership with, a citizen of the United Kingdom or another permanent resident.
• Before submitting your application, you and your partner must have lived together for at least two years.
• You have the required finances and won’t rely on government assistance.
• You can show that you, your partner, and any dependents will live together in a suitable residence in the UK.
• You are expected to show in-depth knowledge of English even when you meet the English language requirement.

Can I get a Fiance visa to enter the UK and then change to another one?

The Fiance type is only good for six months, as was already explained, and during that time, you must wed your partner in the UK. Many persons who enter on a fiancé visa later change to another. By switching, you can stay in the UK for up to two years and take six months off. Making a first application as a spouse of a British citizen or an established UK citizen will be required. Additionally, it offers a route to settlement because, after five years of living in the UK, you can apply for Indefinite Leave to Remain.

Conclusion:

In deciding both types of visa, it’s essential to consider the nature of your relationship, your long-term plans, and your ability to meet the eligibility criteria. Both visa options provide opportunities for couples to unite in the UK but have pros and cons. It’s recommended to seek professional advice and assistance to navigate the complexities of the UK immigration system accurately.

At Gordon and Thompson, we understand the difficulties of UK immigration law and are committed to helping you choose the best visa option based on your unique circumstances.

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