Requirements for switching from a Fiancée/Fiancé Visa to a Spouse Visa

08 Nov 2023, 42 mins ago

If you are currently in the UK on a Fiancée/Fiancé Visa and planning to marry your British or settled partner, you will need to switch to a Spouse Visa to continue living together in the country. In this blog post, we will walk you through the requirements and guidelines for making this transition.

The Fiancée/Fiancé Visa is for individuals who intend to marry their British or settled partner in the UK and then switch to the Spouse visa within the UK without the need to return to their home country. It is a short-term visa and does not grant the right to stay in the UK after the wedding for more than 6 months. The Home Office would expect the holder of the Fiancée/Fiancé  Visa to switch to the Spouse Visa upon marriage and before any travel is conducted (honeymoon, for example). Please note that work is not permitted while present in the UK on the Fiancée/Fiancé visa.

The Spouse Visa is for individuals who are married to a British citizen or a person with settled status in the UK and wish to live together permanently in the UK. After spending 5 years in the UK on a Spouse Visa, you may then become eligible to apply for indefinite leave to remain.

To successfully switch to a Spouse Visa, you must:

  • Hold a valid Fiancée/Fiancé Visa and not have breached any of the conditions. Ensure that you have not overstayed your visa or engaged in any illegal activities;
  • Satisfy the good character requirement;
  • Satisfy the genuine and subsisting relationship requirement;
  • Satisfy the financial requirement;
  • Speak and understand English to a required level;
  • Be legally married in a marriage that is recognised in the UK;

However, these are largely the same as the initial entry clearance requirements for the Fiancée/Fiancé  Visa, so you may not have to make any additional preparations to show that you meet these requirements if you have already demonstrated your eligibility with your Fiancée/Fiancé visa application.

It is crucial to understand and meet the requirements outlined above to ensure a smooth transition. Seeking legal advice or assistance from an immigration expert can be valuable in navigating the process successfully.

How Gherson can assist

Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on TwitterFacebookInstagram, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

©Gherson 2023