Which Is Better, a Fiance Visa or a Marriage Visa?
You are required to marry your spouse during the six months of both the UK Fiance visa and the Marriage Visitor visa, which are both made outside of the UK and allow you entry into the country for six months each.
Suppose you want to be eligible for the EU Settlement Scheme. In that case, your partner must be an EU national with pre-settled status or hold either British citizenship or Indefinite Leave to Remain (ILR)/Permanent Residency.
So today, in this article, we will discuss the key differences, costs and requirements to apply for a finance visa or apply for a marriage visa.
The key difference between a fiance visa and a marriage visa
After getting married and using your Fiancé(e) visa, you can apply for a Spouse Visa to stay in the UK for 30 months. This visa can be renewed, and after five years of continuous leave on the Partner route, you can apply for Indefinite Leave.
However, you cannot stay longer in the UK with a marriage visitor visa, even after you get married. Therefore, you must leave the UK before the expiration date of your visa.
It is also essential to investigate the vast difference in Home Office fees: a Marriage visitor visa only costs £115, whereas a Fiancé(e) visa now costs £1,846. At first look, the latter option seems more economical than the former. However, it would help if you consider that after your marriage visitor visa expires, you will need to apply for a Spouse Visa outside of the UK, which currently costs £1,846—the same amount as an application for a Fiancé(e) Visa. It means that you won’t be able to return to the UK to live with your partner as a spouse.
What Is the Cost to Apply for a fiancé(e) visa?
The current Home Office price is £1,846 for both a UK spouse visa and a fiancé(e). Please be aware that payment may be either in USD or the local currency of the country from which the applicant is applying; the exact amount paid will depend on the day’s currency exchange rate.
What do you need to apply for a fiancé(e) visa?
The Immigration Rules’ Appendix FM includes the requirements. The applicant and their partner must fulfil the requirements for the relationship test, the English language test (if applicable), the financial requirements, the requirements for accommodations, and the tuberculosis test (if appropriate).
How can you prove that the requirements are met?
Every applicant’s application depends critically on the supporting documentation. The UKVI will use the documents as the foundation for their decision; thus, their quality is essential. They do not typically conduct interviews between Applicants and their Sponsors, though they do occasionally. It is the applicant’s responsibility to submit the necessary supporting documentation to UKVI so as to strengthen their case.
What Is the duration of the process?
The UKVI usually needs two to four months to decide on an application. But this depends on a case by case and depends on how complicated the application is.
After their biometric appointment date, the applicant should hear back between 30 to 60 working days (maximum of three months) regarding their decision.
However, if the applicant has a highly complex case—for example, if they had previously had their visa denied or have a troubled immigration history to the UK—the service is not advised.
What Is the validity of a fiancé(e) visa?
As previously mentioned, the visa has a maximum 6-month validity period and cannot be extended. The applicant and their partner must get married in the UK during the allotted six months in order to fulfil the requirements of the visa. The applicant is not permitted to work while on the visa, but once they are married to their partner, they are allowed to apply for leave to remain as a spouse.
It also extends to people who are seeking the Proposed Civil Partner Visa, which is intended for people who want to marry their partners in a same-sex civil partnership, which is recognised by law in the UK.
When should you apply for Leave to Remain as a Spouse/Civil Partner?
As previously said, the Applicant may apply for leave to remain in the UK as a Spouse/Civil Partner as soon as they and their Partner get married and submit an application to the UKVI/Home Office. They do not need to travel back to their place of birth or residency to apply. They can apply for leave to remain in the UK as a spouse or civil Partner from within the country, provided that their fiancé(e) visa or proposed civil partner visa has not expired.
Will the request for permission to continue living as a spouse or civil partner be handled independently from the Fiancé(e) Visa/Proposed Civil Partner Visa application?
Yes, the application will be treated as a new one, requiring payment of the IHS fee in addition to a separate fee to the Home Office.
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Conclusion
Selecting the best visa for your particular circumstances is essential, and it’s always a good idea to get expert help from a qualified immigration solicitor who can assess your unique requirements and provide customised advice on how to apply for a fiance visa. If you want to apply for a fiance visa, contact My Legal Service’s expert solicitor today.
