How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask MARTINT330 Your Own Question
Category: Law
Satisfied Customers: 1687
Experience:  Expert
Type Your Law Question Here...
MARTINT330 is online now

I'm an EU citizen with settled status in the UK. I've been

This answer was rated:

Hi, I'm an EU citizen with settled status in the UK. I've been seeing my partner for over 2 years now, and we've lived together for many months whenever I'm abroad visiting her. Our plan is for her to move to the UK and live here with me permanently, so I'm here to ask if we need to be married first in her or my home country first before we apply for a UK spouse visa, or (provided we satisfy all the requirements for the application) can we apply and upon receiving the application, marry in the UK upon her arrival here?Thanks in advance and I send my regards.
Hello, I am happy to help with your enquiry today.

One of the eligibility requirements for a spouse visa is to be legally married which will require for you to provide evidence of marriage, so applying for a spouse visa without it is impossible. She can enter the UK with a Fiancé Visa instead and switch to a Spouse Visa after getting married. However, you can also choose the option of getting married in her home country.

Thank you for your question on JustAnswer. We are always available to help and please do let me know if you have any other questions I can answer for you.

Customer: replied 1 month ago.
Hi Martin,Thanks for your answer. I have a few more follow-up questions, too.How long does a fiancé visa take result take?Say we got our application accepted, how long is she able to stay with me in the UK on a fiancé visa?What’s the process of switching from a fiancé to a spouse visa like? How long does it take and what does it require? Can we just marry within even weeks of her arriving to the UK on a fiancé visa?I’ve done some research but since I have you, can you confirm for me if both the fiancé and spouse visas have a financial requirement of working for at least 6months at a job earning a minimum of £18,600? Are there any requirements that differ and could you send me a link or document I could refer to for future reference?My apologies for so many questions, I just need to utilise the help of a professional such as yourself to the fullest.

(1) UK Visa & Immigration aims to process 95% of UK Fiancé visa applications within 12 weeks. If you require a faster visa processing timeline, most visa application centres outside the UK offer a Settlement Priority Visa Service.

(2) Fiancé Visa will last for 6 months. You must get married within the duration of her visa.

(3) When switching from a Fiancé Visa to a Spouse Visa, the application is as straight forward as extending a visa since the Spouse Visa is more like an extension of the previous visa.

(4) An application for switching into spouse visa under standard service is likely to be decided by the Home Office UKVI within 3 to 6 months.

(5) Yes, you can.

(6) Yes, both Fiance Visa and Spouse Visa have financial requirement that must be met. However the £18,600 financial requirement is a combination of you and your partner's gross annual income, not individually.

Customer: replied 1 month ago.
Thank you for your replies.I have more questions!What can we use as evidence for the genuine relationship test for the fiancé visa? Since I currently am settled in the UK and she is living in France (but is an Egyptian citizen), we don’t have both of our names on any tenancy agreements or joint accounts of any kind. We’ve been together for over 2 years now, we have spent close to 9 months together from the times I’ve visited her in France, so we can provide multiple flight tickets, countless pictures, videos, receipts, gifts we have bought and exchanged and immunisations / proof that we are in contact every single day since we met over 2 years ago. Would all of this be sufficient? If not, what can we do to increase our chances?

Yes, absolutely, that can be used as proof of genuine relationship. In addition to this, it is also advisable to prepare and send a ‘proof of relationship letter’. This should be kept brief and to the point, and explain the circumstances of your relationship. Ideally, you should include:

  • a timeline of your relationship together
  • details of how and when you met
  • how your relationship developed
  • your plans to live together in the UK

It is also possible to ask a close family member or friend who know you well to write this letter. If so, they should include further details about how they know you (or your partner), when and how they first understood you were in a relationship and their belief that your relationship is genuine and will continue in the UK.

Customer: replied 1 month ago.
Thank you. We’ll keep all this in mind.I have another question. She was married when we met. Correct me if I’m wrong, but does one of the requirements for the application require us to disclose her divorce papers as proof that all previous relationship have come to an end?Does our relationship count as being over 2 years from the moment her divorce went through or from the moment we met? I have to disclose she was not happy in her marriage and was already on her way out when we met, but it took her a while to get free, because it is very tough for an Egyptian woman to ask for a divorce without the consent of both parties.

1. Yes. indeed. 2. Yes indeed. Do you have any further questions?

Customer: replied 1 month ago.
Thank you. So for number 2, I asked if it’s this or that. Yes doesn’t clarify which answer I correct. Does our relationship start from when we met?

Yes from when you met.

MARTINT330 and 3 other Law Specialists are ready to help you
Customer: replied 1 month ago.
Thank you very much.

No problem. We are always happy to help.