Fiance Visa to Spouse

Hello, I hope you're all well.

I'm on a fiance visa right now and I have a few months left. I got married almost 2 months ago. I'm just wondering, how difficult the switch to Spouse visa is and if my wife needs to change her name before we apply for it, or if it will be OK as it is until afterwards. We don't have a lot of documents about shared bills as I've only been in the UK a couple of months and we're living with my wife's family, we're also doing it through adequate maintenance like the fiance visa so any help, advice or tips would be appreciated. Thank you very much.

Hello, I hope you're all well.

I'm on a fiance visa right now and I have a few months left. I got married almost 2 months ago.

Congratulations on your wedding .

I'm just wondering, how difficult the switch to Spouse visa is

The switch to FLR(M) is pretty straightforward - you just update the financial documents (with new bank statements/payslips covering the most recent 6 months) and the accommodation documents, plus this time for the relationship evidence, instead of providing evidence of communication, you provide:
- marriage certificate
- as many official documents as you can to prove you live together... it's supposed to be 6 in each name (either jointly or separately addressed), but as you have only been here a couple of months and are living with family, you are unlikely to have many documents in your name, so you just provide what you can and then write a letter of explanation for why you don't have the required 6 (because you've only recently arrived and have been unable to gather enough documents).

So, a basic list of what you'll need (though it may need tailoring to your specific circumstances):

Finances
- updated evidence of benefits received, showing you are exempt from the financial requirement
- updated bank statements/payslips etc.

Accommodation
- Land Registry document
- latest council tax statement
- latest mortgage statement (if they have a mortgage)
- letter from family members giving you permission to live with them

Cohabitation evidence
- as many documents as you can provide in each of your names showing you both live at the same address
If you haven't already, I would see if you can get your name added to a bill or the council tax or something, just so you have some mail addressed to you. Once you have that, you can register with a GP (if you haven't already) and that will give you some more mail.

Other evidence
- marriage certificate

and if my wife needs to change her name before we apply for it, or if it will be OK as it is until afterwards.

It's much easier and cheaper to change her name on her passport BEFORE you apply for FLR(M). If you leave it until after you have the next visa, it's a major hassle to change the name, because the names on her passport and BRP card (her visa) must match at all times, which means making a second application after receiving the visa to change the name on that visa.

Changing her name before applying for FLR(M):
- she applies to renew her US passport in her new name, which can be done by post and takes about 3 weeks
- she applies for FLR(M) in the new name

Changing her name after applying for FLR(M):
- she applies to renew her US passport in her new name, which can be done by post and takes about 3 weeks
- within 3 months of changing her name on the passport she MUST apply for a new BRP card in her new name (or she can be fined £1000 and potentially have her visa shortened or cancelled)
- it costs £161 to change her name on her BRP and it involves making a new application, attending biometrics again, and waiting possibly up to 2-4 months for the new BRP to be processed.

Since it's not worth going through the entire visa application process twice in the space of a few months, most people either:
- change their name on their passport before applying for the visa
- wait until 3 months before it's time to apply for their next FLR(M) visa in 2.5 years and change their name then so they can just apply for the new visa in the new name without having to change the BRP name... but that means the first FLR(M) visa will be issued in her maiden name so she will have to book all travel in her maiden name.

Thank you so much.

Also, my wife is the sponsor, not myself so would her passport name, etc, matter?

Would you say that its easier to swap it to a spouse visa than it was to apply for a fiance? I'm more nervous about this for some reason, probably because we don't have a lot of evidence due to only being here a couple of months but I'll definitely do as you said and write a letter to explain why. I really appreciate your help.

Thank you so much.

Also, my wife is the sponsor, not myself so would her passport name, etc, matter?

Ah, sorry - I wasn't thinking when I responded above.

Your wife's passport name is not relevant to the visa application - you just provide her married name when it asks for her name, and then her maiden name when it asks if there are any other names she's been known by.

And if her passport is still in her maiden name when you apply, your marriage certificate will show that she is now using her married name.

Would you say that its easier to swap it to a spouse visa than it was to apply for a fiance? I'm more nervous about this for some reason, probably because we don't have a lot of evidence due to only being here a couple of months but I'll definitely do as you said and write a letter to explain why. I really appreciate your help.

It's easier in the sense that you have already shown you meet all the requirement as you were granted a fiance visa, so as long as you provide all the evidence again (with updated dates for the new application) there's no reason why your FLR(M) visa won't be granted too.

Seriously, do not worry about the lack of correspondence. This is normal when switching from a fiance visa and so they will not be expecting you to have much, if any, correspondence yet... because you haven't been in the UK long enough to gather it.

You just need to provide anything you do have (if you don't have anything, that's not an issue)... and as long as you write a letter explaining why you don't have correspondence (which is mandatory if you don't have enough), it will not affect the visa decision at all.

Remember that the FLR(M) application form covers applications for people at different stages of their spousal visa journey (it's the same form for your next visa in 2.5 years as well)... so while it asks for 2 years of correspondence, that won't actually apply to everyone who is applying. In some cases, people will be applying for an extension to their initial 33-month spousal visa, so they will already have been living together for 2.5 years. But in other cases, they may be switching from a fiance visa (like you) and have only recently arrived in the UK, or from a work or student visa, where they have never lived with their spouse before at all... and in those cases, they won't have much/any correspondence... hence the need for a letter to explain their situation.

From the old paper version of FLR(M) regarding providing correspondence:

Six items of correspondence addressed to you and your partner at the same address as evidence that you have been living together since your last grant of leave in this category, or from the date you first started living together up to a maximum of two years. See Note 11.

Note 11 The items of correspondence should be addressed to you jointly or in both your names. Examples of acceptable items are listed below. The documents provided must be originals. Photocopies are not acceptable.

The dates of the items of correspondence should be spread evenly over the whole period you are relying on. They should be from at least 3 different sources. If you do not have enough items in your joint names, you may also provide items addressed to each of you individually if they show the same address for both of you.

For example - Four items of correspondence in joint names to the same address and two items addressed to each partner at the address. In total eight items would need to be submitted. If you and your partner have no bills or correspondence in joint names, you will need to submit twelve items (six each) of correspondence, evidencing that you reside together at the same address.

If you and your partner lived with relatives or friends for some or all of the period you are relying on, please provide a letter from the relative(s) and/or friend(s) confirming this.

If you did not live together for any part of the period you are relying on, tell us the reasons for this and whether you stayed in contact with each other during this time, and provide any relevant supporting evidence.

Please give an explanation on a separate sheet if you cannot provide six items; if the items are not addressed to both of you; or if they do not cover the period you are relying on.

Examples of acceptable items of correspondence
• Letters or other documents from government departments or agencies, for example HM Revenue and Customs, Department for Work and Pensions, DVLA, TV Licensing.
• Letters or other documents from your GP, a hospital or other local health service about medical treatments, appointments, home visits or other medical matters
• Bank statements/letters
• Building society savings books/letters
• Council tax bills or statements
• Electricity and/or gas bills or statements
• Water rates bills or statements
• Mortgage statements/agreement
• Tenancy agreement(s)
• Telephone bills or statements

Thank you, I appreciate your help and I apologise for seeing this late -the holidays..

Do I need to photocopy my whole passport?

Do I need to photocopy my whole passport?

You will need to scan and upload the following:

- every single page of your US passport

- every single page of your spouse's UK passport

- every single page of any other foreign passport you have held since moving to the UK (i.e. if you have dual citizenship with another country, or if you have renewed your US passport since moving to the UK, you have to include every page of those passports too)