Aren't They the Same?

Essentially both the Fiance(e) Visa and a Marriage visitor visa will be made while outside of the UK and allow you to enter the UK for 6 months, and with both visas you will be expected to marry your partner during the 6 month period. 

Your partner must have  British citizenship , or have  settled status in the UK , so Indefinite Leave to Remain (ILR) or Permanent Residency.

How are they Different?

With a Fiance(e) visa, once married you can apply for a Spouse Visa (officially  FLR M ) to remain in the UK for 30 months, this can be extended and you can ultimately apply for Indefinite Leave. With the Marriage visa, however you cannot extend your stay/remain in the UK and therefore you will need to return back to your home country before your visa expires.

Also to be taken into account is the considerable difference in the  Home Office fee s - the fee for a Fiance Visa is currently £1,523 in contrast to a Marriage Visa which is £95.  On the face of it, the latter would appear to be more cost effective than the former, but what you have to take into account is that to return to the UK to reunite and settle with your partner as a spouse once your marriage visitor visa expires, you would then need to apply for a Spouse Visa outside of the UK, the current fee for which is £1,523 i.e. the same amount as a Fiance(e) Visa Application fee.

Given the above factors, what Visa is best for you will naturally depend on your circumstances. For example, you may prefer the Marriage Visa because once you are married, you wish to return home first to sort out some personal or business affairs before making the UK your permanent home. 

What Is the Process for Applying for a Fiance/e Visa?

The application process is the same as any other Partner-Visa application (i.e. as a Spouse, a Proposed Civil Partner or a Civil Partner), since all Partner-Visa applications must meet the requirements under Appendix FM of the Immigration Rules.

The process is usually to complete and submit the application form online, book the biometric appointment online, attend the biometric appointment at the Applicant's nearest visa centre in their country of origin/residence, pay the visa fees and the Immigration Health Surcharge (IHS), if applicable, and submit their supporting documents, either at the Visa Centre on their bioemetric appointment date, or send to the UKVI in Sheffield, U.K. (This depends on the visa centre they are applying from).

How Much Is The Fee for a Fiance(e) Visa?

The current Home Office fee for a Fiance/e and Spouse Visa UK is the same, which is: £1,523. Please note that this is payable in either the local currency, where the Applicant is applying from, or in USD, and so the payment could be more or less than this amount, depending on the currency exchange on the day.

What Are the Requirements for a Fiance(e) Visa?

The requirements are contained in Appendix FM of the Immigration Rules. The Applicant and their Partner must meet the Relationship Test Requirement, the Financial and Accommodation Requirements, the English Language Test Requirement (if applicable), and the Tuberculosis Test Requirement (if applicable).

How Can I Prove that the Requirements Are Met?

Documents, documents, documents. Supporting documents are VITAL to each and every Applicant's application. The quality of the documents is of paramount importance because the UKVI will base their decision on these. They usually do not interview Applicants and their Sponsors, although this does happen, albeit very rarely. The onus is on the Applicant to provide the UKVI with their supporting documents to support of their application.

How Long Does the Process Take?

On average, the UKVI usually takes 3-4 months to make a decision on an application. However, this is on a case by case basis and is dependent on the complexity of the application. In practice, the longest any of my own clients has had to wait for a decision is 10 months.

Is there a way for the UKVI to make a decision quicker than this?

Yes. There is a service available called the "Priority Visa Service." This is an additional service, and costs £573, which is payable in addition to the Visa Fee. The Applicant should receive a decision within 30 to 60 working days (i.e. up to 3 months), starting from the date of their biometric appointment. The service, however, is not advisable if the Applicant has a particularly complex case, for instance because they have received a visa refusal previously, and/or they have had a bad UK Immigration history, etc. I advise all of my clients whether or not the service is a good option for them once I have reviewed their supporting documents and obtained their full instructions.

Do we need to make the IHS Payment? What about if we are getting private health insurance and so will not be using the NHS for any medical treatment?

  As the fiance/e visa is valid for a maximum period of 6 months, payment of the IHS fee is exempted.   However, if/once you are applying for a spouse visa, the IHS Payment is a mandatory requirement, irrespective of whether or not the Applicant will be accessing the NHS for medical treatment in the UK. The fee for the IHS is currently £1,872 if applying to enter the UK as a Spouse, or £1,560 when applying for leave to remain as a Spouse after you are married in the UK.

How Long Is a Fiance/e Visa Valid for?

As stated above, the visa is valid for a maximum of 6 months, and is non-extendable. The purpose of the visa is for the Applicant and their Partner to get married in the UK, within that 6-month period. The visa does not allow the Applicant to work, but does allow for the Applicant to submit an application for leave to remain as a spouse as soon as they are married to their Partner.

This is also the same for those applying for the Proposed Civil Partner Visa, i.e. those wishing to enter into a Civil Partnership with their Partners (commonly known as a same sex marriage), which is legally recognised in the UK.

When Should I Apply for Leave to Remain as a Spouse/Civil Partner?

As stated above, as soon as the Applicant and their Partner are married, the Applicant can then apply to the UKVI/Home Office in the UK for leave to remain as a Spouse/Civil Partner. They do NOT need to return to their country of origin/residence and submit an application from there. As long as their fiance/e visa/Proposed Civil Partner Visa has not expired, then they are eligible to apply for leave to remain as a spouse/Civil Partner, from within the UK.

Will the application for leave to remain as a Spouse/Civil Partner be processed as a separate application to the Fiance/e Visa/Proposed Civil Partner Visa?

Yes, the application will be deemed as a new application, which means paying a separate fee to the Home Office, as well as the IHS fee.

How Much Are the Fees?

The current fee for applying for leave to remain as a Spouse/Civil Partner is £1,033 (as the application is being made whilst in the UK), and the IHS fee is currently £1,560, i.e. £624 for every year of the visa/leave to remain (see below for how long the visa/leave to remain is valid until). This is subject to changes since the UKVI/Home Office do increase their fees annually or every 2 years or so. The IHS Fee is payable because leave to remain as a Spouse is valid for 2 and a half years, i.e. more than 6 months.

How Long Is the leave valid for?

The leave is valid for 2 and a half years. At least a month before the leave expires, the Applicant must submit an application to extend it for a further 2 and a half years.

When Can I Apply for Indefinite Leave to Remain/Permanent Status in the UK?

Once the Applicant has had at least 5 years' leave as a Spouse, they are eligible to apply for Indefinite Leave to Remain as Spouse, providing that the requirements are met, of course.