When I get a UK Spouse visa, do I have to travel straight away or can I come a few months later?

By 1st 4Immigration - #1 UK Immigration Experts -
As a Spouse/Partner/Fiancée visa is one of our most common visa categories (with the 100% success rate so far!), we are often asked this question. A Spouse/Partner Entry Clearance (visa issued outside the UK) is issued for 33 months, that’s 2.5 years plus 3 months. It starts from the date of decision, not the date of travel.

The 3 months are given for extra flexibility, so a foreign spouse doesn’t have to rush and arrive in the UK as soon as they have a visa. And most people would not make any travel arrangements until their visa has been granted, which may sometimes take as much as 3 months (but there is a Priority Service for applications in some countries, such as the USA, Australia, New Zealand and many others).

So, the 3 extra months are already added to address this issue. However, it does not mean you have to enter within those 3 months. You can enter later, as long as you enter within the validity of the visa.

If you do delay your entry for more than 3 months it means you may have to make an extra extension in the future. An unnecessary visa application costing you a full Home Office fee. Why is it so? Spouses and partners need to spend 5 years in the UK in this category to qualify for permanent residency (Indefinite Leave to Remain). The 1st visa is for 2.5 years (plus extra 3 months when applying outside the UK), then extension for another 2.5 years, getting 5 years in total – ready to apply for Indefinite Leave.

On the other hand, you can’t make ILR application until 28 days before ‘your’ 5 years. This is why, if you delay your entry for too long, you may need to get an extra extension to take you up to 5 years. That extra extension will be a full application for a full Home Office fee, even if you are only going to need it for a month.

One more thing: you can apply for ILR within 28 days before ‘your’ 5 years, which gives you almost a month extra, in addition to the 3 months explained above, so total 4 months!

A Fiancée visa is always valid for 6 months from the date of decision, there is no maneuver on that but this visa does not count for ILR anyway. So, you need to enter, get married and apply for a Spouse visa – all while your Fiancée visa is valid. Here we mean ‘apply for a Spouse visa’, not ‘get a Spouse visa’, because sometimes it may take several months and your Fiancée visa will have expired by then (doesn’t matter as long as you make an application while it is still valid).

The good thing you can apply for a Spouse visa using same-day service and get in quickly!

For an individual advice or to make an application please contact us: info@1st4immigration.com or visit www.1st4immigration.com 

If you are an Immigration Adviser or a Solicitor please visit our immigration Training and CPD website: www.1st4immigration.com/training

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