How to Decide between Applying for a Fiancé(e) or UK Spouse Visa
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If you and your partner are not yet married but have plans to do so, you may still be debating whether you should apply for a fiancé(e) visa and then marry your partner in the UK, or get married in another country first and then apply to come to the UK to join your partner as a spouse.
If this is the dilemma you are currently facing, then the following article is for you, as we try to look at the pros and cons of both options for you to weigh up.
What is the Priority for both of you?
Rather than asking the question "Is it better to apply for a UK Fiancé(e) Visa or a Spouse Visa?, the real question you should be asking yourself is "Do you and your partner want to get married in the UK, or is it your preference to get married in another country?"
If your goal is to get married to your partner in the UK, then applying for a Fiancé(e)/Proposed Civil Partner Visa will likely be the best option for you.
If, however, time and money is your priority, then it is worth considering getting married outside the UK and then applying for a Spouse Visa to settle in the UK.
How Much are the Fees for each Visa?
The current Home Office fee for a Fiancé(e) and Spouse Visa UK is exactly the same, £1,846. Note that the fee is payable in either the local currency, of the country the Applicant is applying from, or in USD, and so the actual amount you must pay can vary, depending on the currency exchange rate on the day.
The Immigration Health Surcharge (IHS)
As the fiancé/e (or proposed civil partner) visa is only valid for a maximum period of 6 months, payment of the IHS fee is exempt. If applying to enter the UK as a Spouse, the IHS fee is currently £3,105.
The IHS Payment is a mandatory requirement, irrespective of whether or not the Applicant has private medial insurance and has no intention of accessing the NHS for medical treatment while they are in the UK.
How Long does the Application Process take?
The current processing time for all Family member visas (which includes spouses/partners) to join British or Settled persons in the UK can now take up to 6 months*. Note that this is on a case by case basis and subject to the complexity of the application.
*There is also a Priority Service (subject to availability for the country you are applying from) to expedite the application and receive a decision within 30 working days. The (additional) fee for the Priority Service is currently £500.
What is the difference between a UK Marriage Visitor Visa and a Fiancé(e) Visa?
The main difference between these 2 visas, is that the Marriage Visitor Visa does NOT allow the Applicant to switch or to
apply for leave to remain as a Spouse/Civil Partner
after their wedding, and while they are in the UK.
The current cost of a Marriage visitor visa is £115. While this is considerably cheaper than the fiancé(e) and spouse visas, as it is effectively a visitor visa (which is also granted for a maximum period of 6 months), the holder must return to their country of origin/residence even once they are married. They would then need to apply for a Spouse visa to return to the UK, to settle with their British/settled partner here.
Also important to note, is that the Home Office's criteria for visitor visas is very differently to the category which fiancé(e) and spouse visas fall under (settlement in the UK). For visitor visas, essentially applicants must clearly prove that they will be genuine visitors to the UK i.e. they are coming to the UK for a short stay, and will then return to their country of origin/residence. - Even if they are coming for the sole purpose of getting married.
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UK Spouse/Partner Visa Application?
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How Long is each Visa valid for?
As mentioned above, the fiancé(e) visa is valid for a maximum period of 6 months. Note also that this cannot be extended (unless there are exceptional circumstances). The purpose of the visa is for the Applicant and their Partner to get married in the UK, within the 6-month period.
A spouse visa grants the holder an initial period of 2 years and 9 months (33 months), which can then be extended for a further 2 years and 6 months. Once you complete 5 years on the partner route, you will be eligible to apply for Indefinite Leave to remain (also known as settlement) in the UK.
Something also worth noting, is that with a fiancé(e) visa, you do not have the permission to work, whereas you do have permission with a spouse visa.
When can I apply for Leave to Remain as a Spouse, on a Fiancé(e) Visa?
As soon as you and your partner are married, you can apply for leave to remain as a Spouse/Civil Partner. - You do NOT need to wait until your fiancé(e) visa will expire and/or return to your country of origin/residence to submit an application from there.
As long as your fiancé(e) visa/Proposed Civil Partner Visa has not expired, you are eligible to apply for further leave to remain as a spouse/Civil Partner (FLR M), from within the UK. Once granted, you are given 2 and a half years of leave, which you can then extend for a further 2 and half years (as with the spouse visa, mentioned above).
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. - They do NOT need to return to their country of origin/residence and submit an application from there. As long as their fiancé/e visa/Proposed Civil Partner Visa has not expired, then they are eligible to apply for leave to remain as a spouse/Civil Partner, from within the UK.
Is Leave to Remain as a Spouse processed as a separate application to the Fiancé(e) Visa?
Yes, the application (for FLR M) will be deemed as a new application, which means paying a separate visa fee to the Home Office, and also the IHS fee. This also effectively means that you need to make 2 sets of applications in a fairly short time frame, until you actually begin your journey towards settlement in the UK on the (5 year) partner route.
How Much is the Fee for a Spouse visa extension/Leave to Remain as a Spouse (FLR M)?
The current fee for
FLR M
is £1,048 and the IHS fee is currently £2,587.50.
Final Thoughts
I hope all of these points has been helpful in making your decision as to which of the 2 visas for you/your partner to apply for.
As stated earlier on in this article, what it really will come down to is where your priorities lie:
- Are you completely set on getting married in the UK, or
- Are the costs your only real concern?
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While every effort has been made to ensure that the information and law contained in this article is accurate and current as of the date of publication, we accept no responsibility for its accuracy or for any loss or damages arising from accessing, or the reliance, of this guidance.
Please also note that the information does not represent a complete statement of the Law and does not constitute legal advice.
If you would like specific professional advice about your UK immigration matter, please consider booking a consultation or one of my other legal services.
Making a UK Visa or Settlement application can be a stressful experience, and whilst there is a lot of ‘free’ information online, finding clear expert guidance that is up to date, and in line with your specific requirements can be a daunting task.
If you have any concerns about your case, it is recommended to reach out for advice from a trusted legal professional.
