UK National planning to marry Japanese

[lewis591]

I'm a UK national living in the UK. My Japanese girlfriend is living with me on a 6-month visitor visa which expires on 25th Sept. I have just proposed marriage and we are trying to work out what to do next. As far as I can tell we could try to get married first but this could take 70 days while the Home Office check the application, taking us beyond the visa-end date. But once married she could apply for a spouse visa, I think? Alternatively she could go back to Japan and apply for a Fiance Visa. My worry with this is that she might get delayed waiting for it (and it could in theory be refused entirely), whereas if we were married already we might be in a stronger position. I would welcome any technical advice on the rules but also any tactical advice from those who have been in a similar situation. Thank you.

[CR001]

Even if you could manage to marry while she is currently here, she is not allowed to switch to any other visa while on a visitor visa. She will need to return to Japan and make any further applications from there, whichever way you choose to go.

Do you meet the income requirement of £18,600pa (this is your income only)? Or do you have savings of £62,500 held in an accessible account for at least 6 months?

She will need English A1 test certificate and she will also have to pay the immigration health surcharge for a spouse visa of £600 on top of the visa application fee.

[lewis591]

Thanks, that's very helpful. My income is £30K approx. Are there any other possible impediments or hurdles I should be aware of?

[Casa]

If you're applying for a fiance visa you will need to submit strong evidence of a genuine relationship and proof of your wedding plans, such as quotes from wedding venues, catering etc. You don't have to book anything, just show that you are looking into the arrangements.
After the fiance visa is granted and following the wedding in the UK, your wife will have to apply for a spouse visa extension of the initial 2.5 year period on form FLR(M). The application should be submitted before the end of the 6 month period of the fiance visa.

Edit: Note the NHS surcharge won't be payable at the fiance visa stage, but £500 will have to be paid online before submitting the FLR(M) extension. She should however take out private health insurance to cover her for nHS medical treatment during the 6 month period before FLR(M) is granted.

[lewis591]

Thanks again for this second very helpful reply.
My fiance has a supplementary question:
Is it really possible to change from a fiancé visa to a spouse visa? It is not clear in this page:
https://www.gov.uk/remain-in-uk-family/overview

But if this is the case, I have to apply two visas, which costs even more:
Join your partner (spouse / fiancé ): £956
Switch to a family of settled person visa to remain: £649

[Wanderer]

Thanks again for this second very helpful reply.
My fiance has a supplementary question:
Is it really possible to change from a fiancé visa to a spouse visa? It is not clear in this page:
https://www.gov.uk/remain-in-uk-family/overview

But if this is the case, I have to apply two visas, which costs even more:
Join your partner (spouse / fiancé ): £956
Switch to a family of settled person visa to remain: £649

Yes, plus the £500 NHS surcharge don't forget....

[Casa]

Also bear in mind that if your fiancee wants to work in the UK, she will be unable to do so legally until the FLR(M) application has been granted. This means that you may want to weigh up the advantages of applying for FLR(M) by post paying the £649 fee and waiting beween 4-8 weeks (possibly longer) for a decision, or applying in person at a PSC for the premium fee of £1049, with a decision generally decided on the same day. i.e potential earnings versus £400 extra visa fee.
The NHS surcharge of £500 will be the same whether you apply in person or by post.

[lewis591]

Thanks again for further info.
One more question - is there any risk that her fiancé application might be delayed on the grounds that she's just been in the UK for 6 months? I've heard that sometimes they insist on you only visiting for half of the calendar year. I guess that depends whether the fiance visa has different status and is seen as a brand new application to visit the UK?

[CR001]

A fiance visa is a different category to visitor visa. She should be fine to apply when she is ready.