We received some wonderful news that our client’s (“the Applicant”) in-country spouse visa application was granted. The Applicant was applying to switch from her fiancé visa to a spouse visa. We had initially assisted the Applicant with her entry clearance fiancé visa from the United Arab Emirates (“UAE”). In our initial consultation, the Applicant had explained that she wished to marry her partner in the UK and subsequently will apply for a spouse visa. Our immigration team conducted a detailed assessment and explained the requirements for both applications as per Appendix FM to the Immigration Rules. We assisted the Applicant through the entire application visa process and also helped the Applicant obtain an expedited decision. Our immigration team prepared detailed legal representations and submitted a well-prepared application allowing the Applicant to marry her partner in the UK with no issues.
The case for an in-country Spouse visa
The Applicant was a national of the UAE who arrived in the UK on a fiancé visa so that she could solemnise her marriage with her partner. Our immigration team assisted the Applicant to obtain her fiancé visa. Once the Applicant formally registered her marriage in the UK, we conducted a further consultation where we discussed the requirements for a spouse visa under Appendix FM SE to the Immigration Rules. The application was submitted during the COVID-19 lockdown and this naturally caused a delay in a decision. As a result, the Applicant had asked us to submit a formal request asking the Home Office to make an expedited decision on her application so that she could start working. The Applicant received a decision within 2 weeks from the date of our formal request asking for an expedited decision. Our immigration team prepared the entire application from the start to the end. In particular, we prepared a bespoke documents list, conducted numerous document reviews, completed the online visa application form, and prepared persuasive legal representations in support of the application.
What is a Fiancé visa?
A fiancé visa is a short-term visa (valid for 6 months) that allows migrants to arrive in the UK to marry their British or settled partner. A fiancé visa application must be made under Appendix FM and is different from a Marriage Visitor visa.
What is a Spouse visa?
A spouse visa allows migrants to join or remain with their British or settled spouses in the UK. Applications can be made from within the UK (subject to holding a valid visa) or from overseas.
What is the difference between a Fiancé visa and Spouse visa?
The fiancé visa is valid for 6 months and enables migrants to come to the UK to marry. The fiancé visa does not permit migrants to work in the UK. The spouse visa is for migrants who are already married and wish to either come to the UK or switch their current visa into a spouse visa. Once the spouse visa is granted migrants are permitted to work and reside in the UK for a period of 30 months. The spouse visa can be renewed for a further 30 months and following this, migrants can apply to settle in the UK.
How do I switch from a Fiancé visa to Spouse visa?
If you were initially granted a fiancé visa and you wish to stay in the UK, you must switch to a spouse visa before the expiry of your fiancé visa. In theory, the application should be straight forward as it is an extension of the fiancé visa. However, the Home Office considers every application on its individual merits and the correct supporting documents must be submitted pursuant to Appendix FM SE to the Immigration Rules. In order to submit a successful application the following requirements must be satisfied:
- You must hold a valid fiancé visa and not be in breach of the conditions attached to your entry clearance;
- You must be of good character;
- You must meet the relationship requirements;
- You must meet the English language at CEFR Level A1; and
- You must meet the financial requirement of £18,600.
How much does it cost for a Spouse visa application?
The Home Office visa application fee is currently £1,033 for applications submitted from outside the UK and £1,523 for applications submitted from within the UK. The current Immigration Health Surcharge (IHS) fee is £624 per year. For applications submitted from within the UK, Applicants can pay an additional charge of £810 for the Super Priority service. If you opt for the Super Priority service you can receive a decision within 24 hours from the date of the biometric enrolment.
How our immigration solicitors can help with a Spouse visa application
Our immigration solicitors in London specialise in spouse visa applications and prepare applications to the highest standard. We have an impeccable track history of submitting successful spouse visa applications for a range of different clients. The key to submitting successful applications is being aware of the relevant Immigration Rules. Our immigration solicitors in London guide Applicants through the requirements and prepare detailed legal submissions in support of the application. In addition to the legal representations, our team of solicitors also provides multiple substantial reviews of the application bundle to ensure that the correct documentary evidence is submitted. We also prepare and assist with the submission of the application.
Using our immigration solicitors to submit spouse visa applications
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a spouse visa application.
Caseworkers at the Home Office are trained to reject applications, which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your spouse visa application succeeds, all necessary documents must be provided.
This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your spouse visa application meets the Immigration Rules.
Successful spouse visa applications with our immigration solicitors
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your spouse visa application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your application and ensure that you meet all the requirements of the relevant rules.
We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice, and other central London courts.
Preparation is the key to a successful spouse visa application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.
Contact our London immigration solicitors on 02071830570 or complete our contact form.