Understanding Your UK Family & Partner Visa Options – Which options are suitable for you?

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December 22, 2024

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Navigating the various UK partner visa options can be complex. This guide breaks down the available visas, detailing their criteria and benefits to help you determine the best one for your needs.

UK Spouse Visa/Civil Partner Visa

The Spouse Visa allows individuals married to a British citizen or someone with settled status ( ILR or EU SETTLED STATUS) in the UK to live together in Britain. Key requirements include proving the relationship is genuine and ongoing, and showing evidence of a legally recognised marriage or civil partnership.

Requirements:

  • Combined income of at least £29,000 annually (increasing to £38,700 in 2025) or sufficient savings. However, the current Government has stated that they do not intend to increase the income threshold, but this can change at any time especially as they wish to reduce migration to the UK.
  • Pass an approved English language test at CEFR level A1 or higher or hold a suitable degree that is accepted by the Home Office.
  • Provide proof of suitable accommodation without recourse to public funds.

Duration:

  • Initially granted for 2.5 years, extendable for another 2.5 years.
  • After five years, eligible to apply for Indefinite Leave to Remain (ILR) and also British Citizenship.

UK Fiancé(e) Visa

The Fiancé(e) Visa is for those engaged to a British citizen or someone with settled status in the UK, planning to marry within six months of arrival.

Requirements:

  • Prove the legitimacy of the impending marriage with thorough documentation.
  • Demonstrate sufficient financial means without government assistance. This still means that you must meet the income requirements of £29,000.
  • Meet the English language requirement at CEFR level A1.
  • Provide proof of accommodation arrangements. This can be in the form of Rental agreements , Mortgage statements, Consent from family members if you plan to live with them and also an Immigration Property Inspection report.

Restrictions / Limitations:

  • Does not allow work during the stay. In many cases the quicker you apply for the Spouse visa conversion after marriage means that you will get your visa approval in a shorter timeframe. Many clients believe that they have to apply for the Spouse visa conversion within 28 days of the 6 month fiancé visa ending but this is not the case. You can apply as soon as you are married.
  • Must switch to a Spouse Visa after marriage to remain in the UK and eventually apply for ILR.

UK Unmarried Partner Visa

This visa is for partners who have lived together in a relationship equivalent to marriage for at least two years. This category is also suitable for couples that have been in a relationship for at least 2 years when they apply but cannot live together, for example, because they are working or studying in different places, or it’s not accepted in their culture, especially if they are from a conservative family background.

Requirements:

  • Prove cohabitation (living together) and / or an ongoing committed relationship for 2 years or more.
  • Meet the same financial requirements as the Spouse & Fiancé(e) Visa.

Duration:

Same as the Spouse Visa, with eligibility for ILR after five years.

Dependant Partner Visa

This visa allows partners of those holding specific UK visas (e.g., work or student visas) to join them in the UK. It is very common for Skilled Worker visa holders to bring their dependants on this category type.

Requirements:

  • Primary visa holder must be in a category that allows dependents.
  • Financial requirements vary based on the sponsor’s visa.
  • No English language requirement.

Duration:

  • Matches the primary visa holder’s leave to remain.
  • Allows living, working, and studying in the UK.

UK Marriage Visitor Visa

Designed for non-residents who want to marry or form a civil partnership in the UK and then leave the country. They cannot remain in the UK on this visa type once their visa period ends. This also means that they cannot switch to another visa category.

Requirements:

  • Marry or register a civil partnership within six months of arrival.
  • Prove plans to leave the UK after the ceremony.
  • Meet standard visitor visa requirements.

Duration:

  • Up to six months, with applications submitted at least three months before travel.

Choosing the Right Path

Selecting the appropriate UK partner visa depends on your relationship status, long-term intentions, and the requirements you can meet.

Consider the following:

  • Assess Your Relationship Status: Determine which visa applies based on your current relationship status.
  • Evaluate Financial Requirements: Ensure you can meet the minimum income threshold. These rules are subject to change and care must be taken to ensure that you meet them at each stage of your visa journey. You may meet these income rules at the start of your 1 st visa application but you must ensure that you can meet them again at the extension stage and then the final ILR stage at the end of 5 years.
  • Consider Your Long-Term Goals: Choose a visa that leads to ILR if you plan to settle in the UK. Remember , if you decide to leave the UK for 2 years or more when holding ILR status, then this you will lose this status and will have to reapply under the partner visa rules or a returning residents visa.
  • Understand the Visa Limitations: Be aware of each visa’s specific conditions.
  • Seek Legal Advice: Consult with an immigration lawyer for clarity and direction.

Let Our UK Immigration Lawyers Help You

The UK visa application process can be overwhelming. Our team at JPS Immigration Lawyers is here to assist you every step of the way. Contact us to ensure you choose the right visa type and take the first step towards a successful application.

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