If you want to switch from Fiancé(e) visa to Spouse visa then speak to our UK immigration lawyer to get legal advice & assistance with Spouse visa application.

Page Contents

  1. How to switch from Fiancé(e) visa to Spouse visa?
  2. Spouse visa UK requirements
  3. What is UK Spouse visa processing time?
  4. Super priority service for Spouse visas
  5. How can we help with your UK visa application?
  6. Immigration lawyer fees for UK Spouse visas
  7. Do you need legal help?

How to switch from Fiancé(e) visa to Spouse visa?

A peson who is in the UK on Fiancé(e) visa can switch from Fiancé(e) visa into Spouse visa from inside the UK as soon he/she has registered his marriage with his/her partner.

Such application for switching from Fiancé(e) visa to Spouse visa is made online using appliation form FLR (M) before the expiry of Fiancé(e) visa.

As specialist Spouse visa lawyer, we can provide Super Priority Service for application for switching from Fiancé(e) visa to Spouse visa and get decision on your application within 24 hours of the biometrics enrolment date.

Spouse visa UK requirements

The applicant applying for a spouse of a British Citizen or a person settled person must meet the following requirements:

  1. Financial requirements for Spouse visa UK
  2. Genuine and subsisting relationship as a spouse of a person present and settled in the UK
  3. Adequate accommodation requirment
  4. English language requirement

You must also meet all the other eligibility requirements. Please contact us for initial assessment to determine your eligibility, and to discuss the options.

1. Financial requirements for Spouse visa UK

The UK national of the relationship who is also known as the sponsor and he or she is required to meet specific criteria. First, you will need to prove that you and your partner meet the financial requirement and have enough money to support yourselves without relying on public funds.

The UK spouse needs an income of at least £18,600 before tax if there are no dependent children. If you have one dependent child, you will need an income of £22,400 before tax to meet the financial requirement. For any other children, the sponsor will need an extra £2,400 for each subsequent child.

What if I do not meet the financial requirement?

If you do not meet the financial requirement from employment or self-employment to meet the mandatory Marriage Visa financial requirement, or you are unsure about your income, seek the advice of our specialist immigration adviser , as you can also rely on savings or other sources to meet the financial requirement.

What sources of income can be included towards the Spouse Visa financial criteria?

To meet the minimum income requirement for your UK Spouse Visa application, you can use:

  • Savings over £16,000
  • Earnings from employment or self-employment
  • Maternity, paternity, adoption or sick pay
  • Pensions
  • Other income such as that generated from rent or shares

If your partner is applying from outside the UK, they can use their savings to contribute towards the total income amount but not their earnings. Nevertheless, if your partner is working in the UK, their earnings can count towards the total amount.

You can also use a combination of savings and earnings to help you meet the minimum income threshold. However, you will need to prove you have enough financial support for the entire length of the permit.

To see how much you will need in savings, first subtract any other eligible income from your minimum requirement. Then, multiply this figure by 2.5 and add 16,000.

Can I use income from benefits for my case?

There are circumstances where you will not need to meet some of the mandatory eligibility criteria, such as if you are claiming any one of the following benefits:

  • Disability Living Allowance
  • Severe Disablement Allowance
  • Industrial Injuries Disablement Benefit
  • Attendance Allowance
  • Carer’s Allowance
  • Personal Independence Payment
  • Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme
  • Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme
  • Police Injury Pension

You will, however, need to prove that you have enough money to support your dependents. This is called 'adequate maintenance', and the exact amount you need will depend on your personal circumstances. Typically, you will need at least £120 per week after you have paid for housing. If you have a child or children, this amount will increase.

2. Genuine and subsisting relationship as a spouse of a person present and settled in the UK

The UK Spouse Visa applicant needs to be able to prove they are in a genuine relationship, such as a civil partnership, with their British citizen or settled partner. There are lots of different types of evidence you can send to the Home Office depending upon your personal circumstances, most common documents which you can provide to meet the genuine relationship test are:

  • A joint mortgage or tenancy agreement, either in the UK or outside the UK
  • Evidence of any children you have together, such as a birth certificate
  • Photographs that show you have spent time together frequently
  • A shared bank account or savings
  • Text messages or social media chat logs
  • Travel documents that prove you have visited each other at least once before you got married or have met in person
  • Any documents which prove that you intend to live together in the UK

3. Adequate accommodation requirment

As part of your UK Spouse Visa application, you will need to provide proof of accommodation that meets UK living standards.

Your UK national partner, who acts as your sponsor, will need to show that he or she can provide adequate accommodation for themselves, the applicant and any dependents who intend to live in the UK.

For proof of accommodation, the Home Office will ask you to provide:

  • A description of the property where you intend to live with your spouse
  • Proof that there are enough rooms in the property to accommodate everyone and that there is no overcrowding issues
  • Evidence that you can afford to pay for your family’s accommodation

How can I meet the UK Spouse Visa accommodation requirements?

To qualify, your property needs enough rooms to accommodate the couple and any dependents. Each person needs an individual room, however:

  • Couples can share the same bedroom
  • Living rooms can be included when counting bedrooms
  • Children under 1 do not need their own room
  • Children aged 1-9 years old count as half a person
  • Children aged 10 years or over count as an adult
  • Children aged 10 years or over of the opposite sex cannot share a room

This means that two children aged under 10 years can share one room, and babies under one year old can live in the same room as the couple.

4. English language requirement

Applicants who wish to live in the UK or to apply as a Spouse of a UK person, need to be able to prove that they can speak English. Once you have passed an English Language Test, it will be valid for two years.

You must sit an English test in speaking and listening to get the right to remain in the UK with your UK spouse. Your qualification will be valid only if your English exam is taken through an approved Secure English Language Testing (SELT) Provider.

Currently, SELT tests for immigration purposes are only available through the Trinity College London or the IELTS (International English Language Testing System) Consortium.

You do not need an English Language test if you:

  • Are a national of a majority English speaking country
  • Are aged under 18 or over 65
  • Have a long-term physical or mental condition
  • Hold a degree or any educational establishment that was taught or researched in English. Your qualification will only be valid if confirmed by UK NARIC.

What is UK Spouse visa processing time?

The general processing time for a UK Spouse visa application is 8 weeks. Sometimes it may take longer for the Home Office to decide your application due to the complexity of the matter or if there are further enquiries to be made.

Super priority service for Spouse visas

If you are switching from Fiancé(e) visa to Spouse visa from inside the UK, you may be able to pay an extra £800 for the super priority service to get a faster decision. You will get a decision by the end of the next working day by using Super priority service.

How can we help with your UK visa application?

As part of our immigration services for your immigration application, our expert immigration lawyer will:

  • assess your eligibility for the relevant visa type by fully considering your circumstances;
  • advise you on the required supporting documents to be submitted in support of your immigration application;
  • assess all the documents to ensure that the documents you provide are as per the requirements of the Immigration Rules;
  • advise you on strengths and potential weaknesses in your visa application and how you can overcome such weaknesses if any;
  • complete the online immigration draft application form to share it with you for cross-checking;
  • submit your application online and schedule your biometrics appointments with the relevant commercial partner of the UKVI;
  • prepare a detailed cover letter in support of the immigration application explaining in detail how you are meeting all the requirements of the Immigration Rules so that you have the maximum chances of succeeding in your visa application;
  • upload all the supporting documents online in support of the immigration application in their correct format and order;
  • dealing and responding to any caseworker enquiries or correspondence from the Home Office caseworker for any further documents or information concerning your pending immigration application;
  • do all the follow-up work on your immigration application until a decision is received from the Home Office UKVI.

Immigration lawyer fees for UK Spouse visas

Our expert UK immigration lawyer will guide you through every step of the Spouse visa application process including advice about legal requirements, eligibility criteria and required documents.

Our fixed fee

We charge a fixed fee starting from £1000 for our professional legal services in relation to switching from Fiancé(e) visa to Spouse visa application. The agreed fixed fee will depend on the complexity of the matter and the casework involved in the matter.

Do you need legal help?

Contact Rex Law Chambers, if you have any questions or need legal help with any UK immigration law related matter. At Rex Law Chambers, we specialise in a wide range of UK visas and nationality applications and our principal immigration lawyer has wealth of experience and expert knowledge to deal with all types of UK visas and immigration applications. He has successfully handled many complex and high-profile cases and also represented clients in their immigration matters.

We can provide one-off FREE general legal advice via live chat or our "Enquiry Form". The FREE advice does not cover the advice in relation to complex legal issues or advice about documents to be submitted in support of the application. If you would like to to get detailed legal advice then please schedule an in-person, Zoom, Skype or phone consultation by using our "Appointment Request Form".

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