Immigration Rules for Spouse and Fiance Visas UK 2024

The UK immigration system continues to undergo changes, and for those seeking to get their partner visa UK, it’s essential to stay updated on the latest regulations. Both the UK spouse and fiancé visas allow non-UK residents to join their partners, but the eligibility criteria, application process, and specific rules governing these visas have evolved in 2024. This guide will provide a comprehensive overview of the spouse and fiancé visa rules, along with the changes for the year 2024.

Understanding UK Spouse and Fiancé Visas

The UK offers two primary types of visas for partners wishing to join their loved ones in the country: the spouse visa  and the fiance visa Uk. While both visas cater to non-UK nationals intending to be with their partners, they serve slightly different purposes.

• Spouse Visa: This visa is designed for individuals who are already married to a UK citizen or a person with settled status in the UK. It allows them to live and work in the UK for an initial period of 2.5 years (30 months), after which they can apply for an extension and eventually settle permanently.
• Fiancé Visa: The fiancé visa, on the other hand, is meant for individuals who are engaged to a UK citizen or settled person. This visa allows the applicant to enter the UK to marry their partner. After the marriage, they can switch to a spouse visa. The fiancé visa is valid for six months.

Eligibility Criteria for a UK Spouse Visa

To apply for a spouse visa in 2024, applicants need to meet a variety of requirements. The UK government aims to ensure that the relationship is genuine, and that the applicant and their partner meet financial and accommodation requirements. Here are the key criteria:

1. Genuine Relationship Requirement

One of the primary concerns for the UK immigration authorities is ensuring that the relationship between the applicant and their partner is legitimate. To prove this, applicants must provide substantial evidence such as:

• Marriage certificates
• Photos of the couple together over time
• Joint bills or tenancy agreements
• Communication records (emails, chats, call logs)

2. Financial Requirement

In 2024, the financial threshold for a UK spouse visa remains the same as in previous years. The sponsoring partner (UK citizen or settled person) must have a minimum annual income of £18,600. This increases if children are also being sponsored:

• One child: £22,400
• Each additional child: +£2,400

The income requirement can be met through:

• Employment or self-employment income
• Cash savings over £16,000
• Pension income
• Non-employment income (e.g., rental income)

3. English Language Requirement

The spouse visa applicant must demonstrate proficiency in English, which is an A1 level on the Common European Framework of Reference for Languages (CEFR). Applicants can meet this requirement by:

• Passing an approved English language test, or
• Having a degree taught in English, or
• Being a national of a majority English-speaking country.

4. Accommodation Requirement

Applicants must show that they have adequate accommodation arranged in the UK. This means proving that there will be no overcrowding, and the property will meet standard living conditions. Documents like tenancy agreements or mortgage statements are typically required as proof.

5. Immigration Status of Sponsor

The sponsoring partner must either be a British citizen, a person with indefinite leave to remain (ILR), or have refugee or humanitarian protection status in the UK. Those on temporary visas (such as work visas) cannot sponsor a spouse visa application.

Changes to UK Spouse Visa Rules in 2024

There have been several notable updates in the UK spouse visa rules for 2024:

1. Digital Application Process

The UK government has continued its move towards digitizing the immigration process. In 2024, all spouse visa applications must be submitted online, and paper-based applications have been completely phased out. Applicants are now required to upload their supporting documents online and attend biometric appointments at designated UK Visa and Citizenship Application Services (UKVCAS) centers.

2. Increased Processing Time

Due to an influx of applications and administrative delays, the standard processing time for UK spouse visa applications has been extended to up to 6 months in 2024. This is a significant increase from the previous average of 12 to 24 weeks.

3. Stricter Document Requirements

The Home Office has introduced stricter checks on supporting documents. Failure to submit all necessary paperwork at the time of application can result in delays or refusal. It’s now more crucial than ever to ensure all documents are valid and up to date.

Eligibility Criteria for a UK Fiancé Visa

The UK fiancé visa allows foreign nationals to enter the UK with the intention of marrying their UK-based partner within six months. After marriage, the applicant can apply to switch to a spouse visa. The key eligibility criteria for a fiancé visa are similar to the spouse visa but with a few differences.

1. Genuine Relationship Requirement

As with the spouse visa, the applicant must prove that the relationship is genuine. However, additional emphasis is placed on providing evidence that the couple intends to marry within six months of the visa being granted.

2. Financial Requirement

The financial requirement for a fiancé visa is the same as that of a spouse visa. The sponsoring partner must meet the minimum income threshold of £18,600 (or more if children are involved).

3. English Language Requirement

Fiancé visa applicants must also prove that they meet the A1 English language requirement, through an approved test or by holding a degree taught in English.

4. Accommodation Requirement

Applicants need to demonstrate that they will have adequate accommodation upon their arrival in the UK and after their marriage. This could be a rental property or a home owned by the sponsor.

5. Validity and Marriage Requirement

Unlike the spouse visa, the fiancé visa is only valid for six months, and the couple must marry within this period. If they fail to marry, the fiancé visa will expire, and the applicant must leave the UK.

Changes to UK Fiancé Visa Rules in 2024

1. Post-Marriage Visa Switch

In 2024, it is mandatory for fiancé visa holders to switch to a spouse visa after marriage. Previously, this process could be completed without leaving the UK, but the Home Office has now formalized the switching process. The switch must be made within the UK by applying for a spouse visa once married.

2. Changes to Fiancé Visa Extensions

If unforeseen circumstances prevent the couple from marrying within the six-month period, applicants can apply for an extension. However, in 2024, the process for extensions has become more stringent, requiring evidence of why the marriage could not take place and clear plans for the wedding.

What Happens After a UK Spouse or Fiancé Visa?

After obtaining a UK spouse visa, the individual can live, work, and study in the UK. After the initial 2.5-year period, they can apply for an extension for another 2.5 years. After five years of continuous residence in the UK on a spouse visa, the applicant can apply for Indefinite Leave to Remain (ILR), provided they meet all the eligibility criteria, including passing the Life in the UK test and meeting the language requirements.

For those on a fiancé visa, after marriage and switching to a spouse visa, the same rules apply. Over time, they can transition to ILR and eventually apply for British citizenship.