When international couples plan a life together in the UK, one of the first legal decisions they must make is which visa to apply for. Two of the most common routes are the Fiancé Visa and the Spouse Visa – both designed for genuine relationships but with important differences in purpose, eligibility and benefits.
Choosing the right path is vital to ensure a smooth application process and avoid costly delays or refusals. Read on to find out more, including how you can arrange a free 30-minute consultation.
What is a UK Fiancé Visa?
The Fiancé Visa is intended for engaged couples who want to get married in the UK. It allows the non-British partner to enter the country and stay for up to six months, during which time the marriage or civil partnership must take place. Once married, the applicant is expected to switch to a Spouse Visa if they wish to remain in the UK beyond the initial six-month period.
The Fiancé Visa comes with several restrictions. You cannot work, access public funds or extend your stay without switching to another visa category. The primary purpose of this visa is to allow couples to marry in the UK – it is not a long-term settlement visa in itself. Failing to marry within the visa period could mean needing to leave the UK and reapply.
What is a UK Spouse Visa?
The Spouse Visa is available to married couples or civil partners where one person is a British citizen or has settled status. It allows the non-UK partner to live, work and study in the UK for an initial period of 30 months. After this time, they can apply to extend the visa and eventually seek Indefinite Leave to Remain.
Unlike the Fiancé Visa, the Spouse Visa provides more long-term security. It grants immediate rights to work and access to a wider range of public services. It also removes the time pressure to marry within six months and avoids the need for an additional application to remain in the UK once married.
Key similarities between both visa types
While the Fiancé Visa and Spouse Visa serve different purposes, they share some core requirements. In both cases, the sponsoring partner must be a British citizen or have Indefinite Leave to Remain or pre-settled/settled status under the EU Settlement Scheme. The relationship must be genuine and ongoing and both partners must be aged 18 or over.
There are also shared financial requirements. The sponsoring partner must earn at least £18,600 per year – more if children are involved – or have sufficient cash savings. Applicants must provide strong documentation to support their case, including photographs, travel records and communication logs.
Differences in eligibility and timing
One of the main distinctions between these two visas lies in timing. A Fiancé Visa is only suitable if the couple is not yet married and wants to tie the knot in the UK. In contrast, the Spouse Visa is for those who are already legally married or in a civil partnership, either in the UK or abroad, before applying.
This makes the Fiancé Visa the better choice if you need time to arrange your wedding within the UK and want your partner to enter legally to take part. However, if you’re already married overseas, there’s no need to apply for a Fiancé Visa first – the Spouse Visa is the appropriate route from the outset.
Application process and fees
Both visas require a detailed online application, supporting evidence and biometric data. However, the Fiancé Visa often means paying two sets of fees – once for the initial six-month visa and again when switching to a Spouse Visa after marriage.
On the other hand, applying directly for a Spouse Visa can be more cost-effective in the long run. It also simplifies the administrative process, as only one main visa application is required for the initial stay. It’s worth noting that Home Office fees, healthcare surcharges and document translation costs can add up quickly in both scenarios.
What happens after the visa is granted?
After receiving a Fiancé Visa, the applicant must marry within six months and then submit a new application for a Spouse Visa. This second visa will grant the right to live, work and study in the UK for 30 months. Following that, a further extension and eventual application for settlement (Indefinite Leave to Remain) is possible.
If a couple starts with the Spouse Visa, they bypass the initial six-month limit and secure a more stable immigration status from day one. This can reduce stress and offer greater flexibility, particularly for couples planning to work or start a family soon after arrival.
Which visa is right for you?
The right choice depends entirely on your situation. If you are not yet married and want to hold your wedding in the UK, the Fiancé Visa is likely the better option. It provides legal entry and the opportunity to marry without needing to leave and reapply. However, it’s important to plan ahead, as time limits and visa restrictions can create pressure.
If you’re already married, applying directly for a Spouse Visa is simpler, more cost-effective and gives immediate access to key rights. You’ll also benefit from a longer initial stay and the ability to work, which can be essential for couples building a life together in the UK.
In some cases, couples may consider marrying abroad first to streamline the process and go straight to the Spouse Visa route. While this is a personal decision, it’s a common strategy to reduce paperwork and cost.
Speak to a solicitor for guidance on your options
UK visa law is complex and ever-changing. Choosing the wrong visa route can lead to delays, rejections or even having to leave the country to reapply. That’s why many couples turn to immigration solicitors to guide them through the process, help with documentation and ensure their application is as strong as possible.
At Osbourne Pinner Solicitors, we have extensive experience handling both Fiancé and Spouse Visa applications. Whether you’re planning a wedding or seeking long-term settlement, our immigration experts can provide tailored advice to suit your relationship and goals.
We offer a free 30-minute consultation to discuss your case and walk you through the next steps. Contact us today via the form below, call 0203 983 508 or email [email protected] to speak to a member of our immigration team.
You can come to our offices in Harrow, Canary Wharf, Piccadilly Circus or Manchester – or speak to us on a video call if you’d prefer a remote consultation.
