Ways to Decide Between Applying for a Fiancé or Uk Spouse Visa

If you and your partner have not yet tied the knot but intend to, you may still be considering whether you should apply for a fiance visa first and then wed in the UK or get hitched in another nation first and then apply to move to the UK to be with your partner as a spouse.

If you are struggling with this decision, the following article is for you as we try to assess both options’ pros and cons.

What are both of your top priorities?

The true question you should be asking is, “Do you and your partner wish to get married in the UK, or is it your choice to get married in another country?” rather than “Is it better to apply for a UK Fiance Visa or a UK Spouse Visa?

Applying for a Fiance/Proposed Civil Partner Visa is probably your best option if you want to wed your partner in the UK. However, if time and money are more important to you than anything else, you might want to think about getting married outside of the UK before requesting a Spouse Visa to live in the country.

What are the fees related to each visa?

A Fiance and Spouse Visa UK costs £1,538 from the Home Office. The fee is due in either USD or the local currency of the nation from which the applicant is applying; therefore, the exact amount you must pay may fluctuate based on the day’s exchange rates.

Immigration Health Surcharge (IHS)

Payment of the IHS fee is not required because the fiancé/e (or intended civil partner) visa is only suitable for a maximum of six months. The current IHS fee for requesting entry into the UK as a spouse is £1,872. Whether or not the applicant has private medical insurance and has no intention of using the NHS for medical care while in the UK, the IHS Payment is necessary.

What is the duration of the application process?

All family member visas for spouses and partners who wish to join British or settled individuals in the UK are now allowed a processing delay of up to six months*. Remember that each situation is unique and subject to the application’s complexity.

Difference between a UK Marriage Visitor Visa and a UK Fiance Visa?

The Marriage Visitor Visa does not permit the applicant to change or seek leave to remain a spouse or civil partner after their marriage and while in the UK. This is the fundamental distinction between these 2 visas.

A visiting visa for marriage now costs £100. As it is essentially a visiting visa (which is also issued for a maximum of 6 months), this is considerably less expensive than the fiance and spouse visas; however, even after marriage, the holder is still required to return to their place of origin or home. To live with their British or already-established partner here, they must apply for a UK Spouse visa to return to the UK.

The Home Office’s requirements for visiting visas differ considerably from the category that fiance and spouse visas fall under (settlement in the UK), which is another crucial point to keep in mind. Applicants must demonstrate that they will be sincere tourists in the UK for visiting visas. They are coming for a brief visit and will subsequently depart for their country of origin or place of abode, even if their only motivation for traveling is to be married.

How long is the validity of each visa?

As was already mentioned, the fiance visa has a six-month maximum validity term. Also, remember that this cannot be prolonged (absent unusual conditions). The visa’s main objective is to allow the applicant and their partner to marry within six months in the UK. A spouse visa’s initial validity is for two years and nine months (33 months), and it can be extended for an additional two years and six months. You will be qualified to apply for Indefinite Leave to Remain (known as settlement) in the UK after completing five years on the partner route.

When can you apply for Leave to Remain as a Spouse on a Fiance Visa?

You can apply for leave to remain a spouse or civil partner as soon as you and your partner get married. You don’t have to wait till your fiancé’s visa expires or until you return to your home country to apply there.

You may apply for further leave to remain as a spouse or civil partner (FLR M) from within the UK as long as your fiance visa or proposed civil partner visa has not yet run out of validity. Once approved, you are given 2.5 years of leave, which you can extend for a further 2.5 years (much like with the spouse visa, previously mentioned).

Conclusion:

Deciding between a UK Fiance Visa and a UK Spouse Visa depends on your unique circumstances and plans. Seeking the guidance of immigration solicitors, such as those at My Legal Services, can make the process smoother and increase your chances of a successful visa application. With their expertise, you can focus on building your future with your partner in the United Kingdom.