can I apply for a provisional licence on my fiance visa?

or do I have to wait?

I have been here 8 days on my fiance visa but would like to get a provisional licence

Yes, from what I understand, you can apply for a provisional license as soon as you become "resident" in the UK, so you can get one on a fiance visa. You can also drive in the UK on your foreign driving license for 12 months from the time you arrive.

Unfortunately, you have to be "resident" in the UK for 6 months (more than 185 days) before you can apply for a provisional license. x

http://www.direct.gov.uk/en/Motoring/Motoringtransactions/BeforeyouapplyC/DG_10035602

Unfortunately, you have to be "resident" in the UK for 6 months (more than 185 days) before you can apply for a provisional license. x

http://www.direct.gov.uk/en/Motoring/Motoringtransactions/BeforeyouapplyC/DG_10035602

There has been some debate about this in the past. I'm of the opinion that you can apply for the provisional at any time because fiance visa holders are considered to be 'normally resident' in the UK.

From the link:

A provisional driving licence is issued in order to enable a driver to take a driving test. To apply for a provisional driving licence, you must therefore be 'normally resident' in the UK for more than 185 days.

I don't think this means you have to have been in the UK for more than 185 days before you can apply (it says 'must be normally resident for more than 185 days, not 'must have been resident for more than 185 days')... which I take to mean that you need to be in the UK on a visa giving you permission to live in the UK for more than 6 months -which is the same as for NHS treatment.

The fiance visa is a bit of an anomaly, because even though it is only valid 6 months, it is a settlement visa, and leads to FLR(M) and then ILR - and with a fiance visa you can use the NHS immediately without having to wait 6 months.

In contrast, it also says that EEA citizens specifically cannot apply for their provisional licence until they have been resident in the UK for 185 days:

EU/EEA drivers who wish to pass a first test, or gain additional entitlement, must be normally resident in the UK. Drivers who have moved to the UK having been permanently resident in another state of the EU/EEA must normally have been resident in the UK for 185 days in the 12 months prior to the application for a driving test and a full licence. Normal residence means the place where an individual resides because of personal and/or occupational ties.

Someone on a fiance visa is considered to be 'normally resident' in the UK (it is their main residence and they intend to live in the UK indefinitely)... so they should be able to apply for a provisional licence whenever they want to.

I was under the impression that this rule is to stop EU drivers from coming here, taking the UK test and then returning to their home countries to switch licenses, thus avoiding having to pay the super high fees some EU countries charge.

Since you are not doing that, I'd not worry about it.

This was three years ago (so a million years in visa time!) but I applied for, and got, my provisional license immediately after entering the UK on a spouse visa. Had no issues at all!

Sorry about that...was just going by what my hubby was told by the DVLA when I first moved here 8 years ago. 

as I understand it, you can apply for a provisional as long as you have residency, the 185 day rule is in order to take the theory test....you can be driving before you take the theory.
I'm a driving instructor, anyone in NW London needing to pass the UK driving test feel free to pm me 

Applicants who are not UK citizens or nationals of another EU or EEA country will not be considered normally resident if they:

    do not have leave to remain in the UK, or
    are in the country on a temporary basis without leave to remain either while awaiting a decision to stay in the UK or following a decision refusing such an application.




am worried now...I have a fiance visa but when you fill out the app it has a declaration saying

I understand that it is a criminal offence to make a false declaration or withhold material information in order to obtain a driving licence and that to do so can lead to prosecution and a fine of up to £5,000 or imprisonment for a period of up to two years or both.



I rang the DVLA and the lady said you have to be here for 6 months before you can apply or something and that I could try it anyway and send a letter or something explaining my circumstances.

with a fiance visa am I considered here on a temporary basis?

Has anyone applied with JUST a fiance visa before and gotten a provisional license? I don't want to do somethign thats going to give me some sort of criminal record or get me deported....

I believe you do have leave to remain? It's just for a set period of time? Someone will correct me if I'm wrong, I'm sure!