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Many non-EEA nationals look to travel to and settle down in the UK with their partner using a spouse visa. However, the lesser-known fiancé visa is also an option for people moving abroad. We unpack what each visa has to offer, the differences between the two, and the pros and cons.
What is the UK spouse visa?
The spouse visa is for married couples who want to live together in the UK. However, one individual is required be a British national and the other should be from a country outside the European Economic Area (EEA). This visa allows the non-EEA resident to enter the UK and can last for up to 30 months, with the option of extension available.
There are certain requirements which must be met, these include:
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- Passing the ‘genuine and subsisting relationship test’
- Proving that you are married, and that the marriage is not for convenience or fraudulent
- Ensuring you meet the financial requirements
The admin involved in the spouse visa application can be complex as it means providing extensive amounts of documentation. These could be phone conversations and emails to show your relationship is authentic, or perhaps bank statements to prove your income status.
What is the UK fiancé visa?
The fiancé visa is for those who want to relocate to the UK with their UK-based partner. It enables non-EEA nationals to travel to the UK to marry or enter a civil partnership and settle there. The applicant’s partner must be either a UK citizen or a person with a settled status in the country and can last for six months under the assumption that you will marry within that period. Most apply for the spouse visa upon expiry of their fiancé visa.
There are also requirements which must be met for applicants of this visa, these include:
- Ensuring you and your partner are both at least 18 years old, and your partner is a UK citizen or already has settled status.
- You must show evidence that you have plans to marry within the six-month validity period.
Just like the spouse visa, the fiancé visa also requires extensive evidence that your relationship is authentic. It requires proving your relationship is genuine, demonstrating that you can meet certain minimum financial thresholds, and passing a Secure English Language Test (SELT) at the level of at least A1.
What are the differences between the two?
As of 2019, applying for visa costs £1,523 (R30,818) from abroad, and £1,033 (R20,902) from the UK. The English language test costs £150 (R3,035); a tuberculosis test costs between £65 (R1,315) and £110 (R2,225); a housing report costs between £80 (R1,618) and £120 (R2,428); and an immigration health surcharge costs £1,200 (R24,282) from outside the UK, and £1,000 (R20,235) inside the UK.
Therefore, the average overall cost of the application, from outside the UK, sits at £3,073 (R62,182). You can work out how much your visa application will cost online.
Both also need to show proof of income, which include your gross annual income amounting to at least £18,600 (R376,375). For each dependent child also applying, this increases by £3,800 (R76,893) for your first child, and £2,400 (R48,564) for each child after your first.
One of the main differences is that, when applying for a spouse visa, you must prove that there is adequate accommodation set up for when you arrive in the UK. This must meet the UK living standards and you must be able to show this.
The pros and cons
One of the main benefits of the fiancé visa is that it offers a smooth transition to the spouse visa, as you do not need to leave the UK to apply.
Under the spouse visa, you can stay in the UK for over 30 months before you need to apply for an extension. You can also work and study in the UK, with all time spent in the country counting towards minimum residency requirements for Indefinite Leave to Remain (ILR) and British citizenship.
After you have lived in the UK for five years, you can apply for ILR status, which is a form of permanent residency and, if granted, you can therefore remain in the UK without restrictions. Once you have resided in the UK for one year under ILR, you will be eligible to apply for full British citizenship.