Fiancé or Spouse Visa: Which One Is Right For Me?

Fiancé and Spouse Visas: What’s the Difference?

For couples looking to settle in the UK permanently, both the Fiancé/Fiancée and Spouse visas can offer viable pathways to settlement.

Despite these pathways being very similar in terms of their requirements, there are also key differences that applicants need to be aware of when applying.

The Spouse visa is intended for couples who are already in a legally recognised marriage or civil partnership who are looking to settle in the UK.

Meanwhile, the Fiancé visa is intended for couples who are not yet married or in a civil partnership, but are planning to get married or enter into a civil partnership after arriving in the UK.

After a couple enter into the UK on a Fiancé visa, they must get married or enter into a civil partnership within 6 months. They can then apply to extend their permission after this occurs, essentially granting them the rights that a normal Spouse visa holder will have, including eventually being eligible for indefinite leave to remain.

Why Might You Choose the Fiancé Visa Over the Spouse Visa?

The Fiancé visa can be a useful route to settlement, albeit for a reasonably narrow cross-section of applicants.

The Fiancé visa may be a better pick over the regular Spouse visa for couples, if all of the following happen to apply:

• The couple wish to get married or enter into a civil partnership in the UK, and can do so within 6 months of the visa being granted.
• The couple wish to extend their permission (apply for long-term settlement) immediately after they marry or enter into a civil partnership in the UK.
• The couple are able to meet all of the regular Spouse visa requirements, including ones pertaining to financial and accommodation requirements, when first applying for a Fiancé visa.
• The non-UK partner is able to withhold working or studying in the UK until after their permission has been extended.

As evident from the list, the Fiancé visa has a few necessary restrictions attached to it that may only suit a comparatively small number of couples when compared to the Spouse visa. However, it is possible that some may still benefit from this pathway to permanent residency, particularly those who relish the idea of marrying in the UK and then settling down long-term without having to leave the country.

The Benefits of the Spouse Visa Over the Fiancé Visa

There may be some couples for whom the Fiancé visa may be a preferable choice, but for many, the normal Spouse visa may offer more flexibility in terms of how and when to apply for immigration permission.

This includes the following reasons:

• Couples can get married or enter into a civil partnership at any time and anywhere in the world before applying for a Spouse visa.
• Couples who do not wish to marry or enter into a civil partnership can be eligible for a visa (known colloquially as the “Unmarried Partner visa” if they can prove that they have been in a relationship for at least two years before applying.
• The Spouse visa only requires the applicant to apply for permission once, rather than two times as with the Fiancé visa (once to enter the country in order to marry, and then to extend it to receive full rights as a spouse).
• The non-UK partner can work or study as soon as they enter the UK with a Spouse visa, rather than having to wait until after they have their permission extended.

Due to the reasons outlined here, couples may find a normal Spouse visa more attractive than a Fiancé visa, particularly if they wish to have more personal flexibility in when and where they can get married or enter into a civil partnership.

Which Visa is the Right Choice For Me?

Given that the Fiancé visa and Spouse visa each eventually lead to identical outcomes, couples will have to assess if the Fiancé visa is worth it in terms of the additional requirements and restrictions it carries.

The main benefit of the Fiancé visa is the ability for couples (of whom one person is not a UK or Irish national) to marry in the UK and then immediately apply to settle long-term without having to leave the country.

If this already aligns with plans that the couple have in mind, then this may be a quick and convenient solution for both the couple’s relationship and life plans (as long as they are aware of the restrictions placed on the Fiancé visa, such as the inability for the foreign partner to work).

However, others may wish to take advantage of the Spouse visa’s comparatively fewer restrictions, including the lack of restrictions on marriage location or the couple’s relationship status.

Couples will have to assess their own personal circumstances carefully to evaluate which one would ultimately best fit their needs and long-term plans.

How Can IAS Help With Your Fiancé or Spouse Visa Application?

IAS’s UK-based team of Family immigration specialists are on hand to help if you are looking to immigrate to the UK on a Fiancé or Spouse visa.

Whichever your chosen route, we can help you determine your eligibility, organise your application and help you navigate through the UK immigration process so you can start your new life in the UK together without hassle.

We can also ensure that any family members that you bring to the UK, such as your dependent children, can also safely immigrate using the right permissions and visas that are best for them.

To learn more about our services, reach out to us today for a consultation. Call us on 0333 305 9375 or reach out to us online.