Fiancé Visa vs Spouse Visa

Are you planning a move to the UK to be with your loved one?

If you are reading this, you are likely considering relocating to the UK to join your partner. With various visa options available, the journey can appear quite intricate. The process can seem daunting, but Axis Solicitors is here to help you. Let us clear some confusion about the two popular visa types – the Fiancé Visa and the Spouse Visa.

Understanding the Fiancé & Spouse Visa

The UK offers different visa options depending on your relationship status and intentions.

UK Fiancé Visa

Explicitly for individuals planning to enter the UK to marry their UK-based partner, the Fiancé Visa serves as an interim arrangement. This visa is valid for six months, granting the holder enough time to complete their wedding in the country. It is crucial to understand that the visa’s purpose is singular – to allow one to marry within the UK. A transition to another visa category will be necessary post-marriage if the couple intends to reside in the UK.

UK Spouse Visa

This visa category is for married partners who want to live in the UK with their British partner. The Spouse Visa offers a more extended residence period, granting an initial leave of 33 months. This visa is especially beneficial for couples envisioning a long-term future in the UK, as the visa may be extended further. Until it eventually paves the way for obtaining Indefinite Leave to Remain.

Your circumstances and your partner’s will ultimately determine the most appropriate visa to apply for.

Requirements for the UK Fiancé Visa

Pursuing a Fiancé Visa for the UK is a significant step. As such, it is crucial to be thoroughly informed about the eligibility requirements set out by the Home Office.

1. Partner’s Immigration Status: A foundational requirement is that your partner, the person based in the UK, must either hold British citizenship or possess Indefinite Leave to Remain. This establishes their legal standing to sponsor your visa application.
2. Age Requirement: The applicant and their UK-based partner must be 18 or older. This criterion ensures that both parties are legally recognised as adults and can make autonomous decisions about their future.
3. Physical Meeting: Both partners must have met in person. This stipulation underscores the importance of genuine relationships, eliminating potential concerns over impersonal or remote-only relationships.
4. Intent to Marry: The primary purpose of the Fiancé Visa is to facilitate marriage in the UK. As such, applicants must be legally free to marry and have genuine intentions to finalise their union within six months of arrival in the UK.
5. Genuine Relationship: The Home Office places significant emphasis on the authenticity of the relationship. Applicants must demonstrate a genuine relationship and have clear plans to cohabitate in the UK.
6. Financial Solvency: Meeting the financial requirements is vital. This ensures the couple can sustain themselves in the UK without recourse to public funds. The specifics of this criterion can vary, so it is advisable to seek expert guidance.
7. Accommodation Arrangements: Adequate accommodation must be available for the applicant. This covers the applicant and any dependents who might accompany or join later, which ensures the well-being and proper settlement of the visa holder and their family.
8. English Language Proficiency: Communicating effectively in English is essential for integration into UK society. Thus, applicants must provide evidence that their English language proficiency aligns with the standards set by the Home Office.

Requirements for the UK Spouse Visa

The Spouse Visa offers a structured pathway for individuals seeking to join their spouses in the UK. However, like any legal avenue, it comes with specific criteria that applicants must meet.

1. Partner’s Immigration Status: An elemental requirement is the UK-based partner’s legal status. They should either be a British citizen or possess the right of Indefinite Leave to Remain. This is pivotal as it establishes their eligibility to sponsor the applicant’s visa journey.
2. Age Consideration: The age requirement stipulates that the applicant and their spouse in the UK must be at least 18. This ensures that the couple is legally recognised as adults capable of making independent decisions about their marital life in the UK.
3. Marital and Personal Interaction Status: It is paramount that the couple has met in person. Beyond this, they should be legally married, with their marriage recognised by the country of the wedding and the UK.
4. Genuineness of Relationship: The authenticity of the relationship is a cornerstone of this visa category. The Home Office emphasises ensuring that the marital relationship is genuine and that the couple sincerely intends to reside together in the UK for the foreseeable future.
5. Financial Solvency: The financial capability of the sponsoring partner or the couple collectively is scrutinised closely. This ensures they can maintain themselves without relying on the UK’s public funds. The exact financial thresholds and documentation required can vary, necessitating expert guidance.
6. Accommodation Provisions: Suitable housing arrangements are integral. The accommodation provided should be adequate for the couple and any dependents accompanying the visa applicant or joining later. This ensures the comfort and stability of the family in the UK.
7. English Proficiency: Language skills significantly facilitate Integration into the UK community and society. Consequently, the applicant’s proficiency in the English language is assessed, and they must meet the prescribed levels set by the Home Office.

Financial Requirements Explained

When applying for a Fiancé or Spouse Visa, it is essential to demonstrate your financial ability to support your stay in the UK without relying on public funds.

For new applications submitted after 11th April 2024
The minimum combined income required is £29,000 per year, regardless of whether you have dependent children.

For applications submitted before 11th April 2024
The previous income threshold of £18,600 per year remains in effect. If you have children, the requirements are as follows:

• £3,800 for the first child
• £2,400 for each additional child

Always check the official UK government website or consult an immigration specialist to ensure you have the most current information.

What If Your Relationship Concludes?

Any changes in your relationship status that might affect your visa need to be reported to the Home Office promptly. Should your relationship conclude, you must notify the Home Office and, after that, either apply for a different visa or exit the UK.

Seek Expert Guidance 

Understanding the nuances and specific requirements of the visa type you are interested in is crucial. Let Axis Solicitors shed light on these options, ensuring your transition to the UK is as seamless as possible. Contact Axis Solicitors to arrange a free initial assessment.