Fiancé Visa vs Spouse Visa: What's the Difference?

There are a range of visas designed for those who wish to join their partner/spouse in the UK, including the UK Spouse visa, Fiancé visa and Unmarried Partner visa. We take a look at the Fiancé visa vs Spouse visa to help you to make the right decision.

These visas, classed as Family visas, sound similar and can make it difficult to determine which is right for you. However, there are key differences between them. Our blog post aims to help you understand which is right for you based on yours and your family’s circumstances.

What is the difference between the Fiancé Visa vs Spouse Visa?

The Fiancé(e) visa is intended for those who are engaged to be married to their partner, who is either a British citizen or living with settled status in the UK. Applicants must prove their intent to be married within six months of entering the UK to meet the eligibility requirement for the Fiancé visa.

On the other hand, the Spouse visa is for those who are already married to or in a civil partnership with their British partner/person with UK settled status and wishes to join them in the UK. A key difference between the UK Fiancé visa and UK Spouse visa is that the Fiancé visa expires after just 6 months, whereas a Spouse visa last for up to 30 months. Similarly, while a spouse visa can be extended, a Fiancé visa cannot. Both visas fall under the UK’s Family visas category.

The fiance route is solely to grant leave for a short amount of time for marriage. It has more or less been absorbed into the general “partner” route under the UK Family visa application process.  Each visa has its own eligibility criteria, including key requirements which must be met by both the applicant and their sponsor (your sponsor is your partner/spouse).

What are the key requirements of a UK Fiancé Visa?

If you feel that the Fiancé visa is more suited to you and your circumstances, you must first ensure that you meet the necessary requirements. The main requirements include:

• Your partner must either be a British national, hold Indefinite Leave to Remain, limited leave to remain under Appendix EU or limited leave to remain under Appendix ECAA
• You and your partner must both be over the age of 18
• You and your partner must intend to live together permanently in the UK and demonstrate to the Home Office that you have suitable accommodation arranged
• When you enter the UK, you must marry your partner within 6 months of entering
• You must meet the English language requirement
• You must provide proof that any previous relationships/marriages have ended

Further crucial requirements include:

• You must meet the financial requirement – in order to sponsor you, your partner must have an annual income of at least £29,000
• You must prove that your relationship is genuine, including proof that you have met in person

What are the Spouse Visa requirements?

If you feel that the Spouse visa is the correct family visa for you, you must again meet the relevant criteria. Spouse visas can be notoriously difficult to acquire in the UK, as the Home Office must be convinced that the applicant and their sponsor (spouse) is not acting fraudulently and is in a genuine relationship.

The main requirements for a UK Spouse visa are:

• You and your partner must pass the ‘Genuine Relationship Test’, proving to the Home Office that you are in a legitimate relationship
• Your marriage must be lawful
• You and your partner must be aged 18 years or over
• You must be married to/in a civil partnership with a British national or person who is a permanent resident of the UK.
• You and your partner must have lived together for at least 2 years prior to making your application.
• You meet the necessary financial requirement and will not rely on public funds
• You have proof of suitable accommodation in the UK that you, your partner and any dependents will live in together
• You meet the English language requirement; you are required to prove that you have a strong understanding of English

Can I work in the UK on a Fiance visa or a Spouse visa?

People that enter the UK for an initial six months on a fiance visa cannot work during that time before they marry their partner. Once they are married or in a civil partnership, if you make as successful application for a Spouse visa you are allowed to work without restrictions.

Can I enter the UK on a Fiancé visa and switch to a Spouse visa?

As mentioned above, the Fiance visa is only valid for six months, during which time you must marry your partner in the UK. Many people who enter on a Fiance visa then go on to switch to a Spouse visa at that point.

Making this switch allows for a longer stay in the UK for up to two years and six months of leave. It will entail making a first application as a person married to a British or settled person from inside the UK It also provides a path to settlement, as you may apply for Indefinite Leave to Remain after five years of residency in the UK.

If you wish to eventually apply for settlement, you cannot count any time spent in the UK as a fiance towards your five years of residence.

You are able to apply for the Spouse Visa from inside the UK – it can take up to 12 weeks to process, but usually doesn’t take any longer than this.

If you’re from South Africa and hoping to join your partner or spouse in the UK, you can contact IAS for professional immigration advice.

Get in touch with our supportive team today.