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Spouse Visa - 2 year rule - Confused?

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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rshelar
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Posts: 262
Joined: Mon Feb 22, 2010 9:34 pm
United Kingdom

Spouse Visa - 2 year rule - Confused?

Post by rshelar » Tue Jan 31, 2023 1:17 pm

Hi,

On the gov uk website, the requirements for Spouse Visa (partner of a British national) states -

What you’ll need to prove
You must be able to prove one of the following:
  • you’re in a civil partnership or marriage that’s recognised in the UK
    you’ve been living together in a relationship for at least 2 years when you apply
    you are a fiancé, fiancée or proposed civil partner and will marry or enter into a civil partnership in the UK within 6 months of arriving
Does this mean if anyone has recently married (e.g. 6 months ago) they cannot apply for spouse visa?

How do vast number of applications comply with this if their relationship is less than 2 years OR if the date of marriage is less than 2 years from the time of application ?

I meet all the requirements, but confused by this rule.

Finally, on a different note - is it possible to switch from ICT to Spouse Visa (of British national) in country?

Thanks

meself2
Moderator
Posts: 3440
Joined: Mon Sep 06, 2021 5:10 pm
Ireland

Re: Spouse Visa - 2 year rule - Confused?

Post by meself2 » Tue Jan 31, 2023 1:34 pm

rshelar wrote:
Tue Jan 31, 2023 1:17 pm
You must be able to prove one of the following:
you’re in a civil partnership or marriage that’s recognised in the UK
you’ve been living together in a relationship for at least 2 years when you apply
You're missing a crucial part here. You don't need to satisfy all these conditions.
You must be able to prove one of the following:
Second part is for unmarried partners. If you have marriage certificate, you're good.
rshelar wrote:
Tue Jan 31, 2023 1:17 pm
Finally, on a different note - is it possible to switch from ICT to Spouse Visa (of British national) in country?
Yes.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

AmazonianX
Respected Guru
Posts: 7830
Joined: Tue Jun 11, 2019 2:09 pm
United Kingdom

Re: Spouse Visa - 2 year rule - Confused?

Post by AmazonianX » Tue Jan 31, 2023 2:55 pm

rshelar wrote:
Tue Jan 31, 2023 1:17 pm
Hi,

On the gov uk website, the requirements for Spouse Visa (partner of a British national) states -

What you’ll need to prove
You must be able to prove one of the following:
  • you’re in a civil partnership or marriage that’s recognised in the UK
    you’ve been living together in a relationship for at least 2 years when you apply
    you are a fiancé, fiancée or proposed civil partner and will marry or enter into a civil partnership in the UK within 6 months of arriving
Does this mean if anyone has recently married (e.g. 6 months ago) they cannot apply for spouse visa?

How do vast number of applications comply with this if their relationship is less than 2 years OR if the date of marriage is less than 2 years from the time of application ?

I meet all the requirements, but confused by this rule.

Finally, on a different note - is it possible to switch from ICT to Spouse Visa (of British national) in country?

Thanks

So far all other requirements are me you can apply for spouse visa even on the day you get married.

rshelar
Member of Standing
Posts: 262
Joined: Mon Feb 22, 2010 9:34 pm
United Kingdom

Re: Spouse Visa - 2 year rule - Confused?

Post by rshelar » Tue Jan 31, 2023 3:53 pm

aah I see, where is my facepalm emoji

Thank you both - that clears everything. The gov site needs to make it a bit more clearer.

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CR001
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Re: Spouse Visa - 2 year rule - Confused?

Post by CR001 » Tue Jan 31, 2023 3:57 pm

rshelar wrote:
Tue Jan 31, 2023 3:53 pm
Thank you both - that clears everything. The gov site needs to make it a bit more clearer.
The website is clear, you have just not read it correctly.
You must be able to prove one of the following
A word of advice because we see many issues and rejections because the information is not read properly, read very carefully, every single line of information. Don't skip over things or skim read
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

rshelar
Member of Standing
Posts: 262
Joined: Mon Feb 22, 2010 9:34 pm
United Kingdom

Re: Spouse Visa - 2 year rule - Confused?

Post by rshelar » Wed Feb 01, 2023 10:27 am

CR001 wrote:
Tue Jan 31, 2023 3:57 pm
rshelar wrote:
Tue Jan 31, 2023 3:53 pm
Thank you both - that clears everything. The gov site needs to make it a bit more clearer.
The website is clear, you have just not read it correctly.
You must be able to prove one of the following
A word of advice because we see many issues and rejections because the information is not read properly, read very carefully, every single line of information. Don't skip over things or skim read

Sure, Many thanks

Yea I missed reading the "one".

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