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