What is a Spouse Visa extension ?
If you have been staying in the UK under the Spouse Visa and you wish to extend your stay when it expires, you can apply for a Spouse Visa extension.
Like the Spouse Visa, the Spouse Visa extension lasts for 30 months and is designed for non-EEA (European Economic Area). You can apply for Indefinite Leave to Remain status, after the extension expires, which in due course will lead to British citizenship.
For the extension certain requirements should be fulfilled that are similar to the original Spouse Visa which includes a genuine relationship with your spouse and the intend to permanently like in the UK together. Further cases such as proof that show you having a combined income with your spouse of at least £18,600 might be needed.
What are the Spouse Visa extension UK requirements ?
The Spouse Visa extension UK requirements depends on the individual’s personal situations and thus varies. But the most important condition that needs to be satisfied is the proof of your relationship with your spouse.
Your spouse should be a British citizen or have a settled status, such as Indefinite Leave to Remain. He or she could even have a refugee or humanitarian protection status in the UK. Then only you are eligible to apply to extend your time in the UK.
You and your partner’s relationship should be genuine and recognised in the UK, of either marriage or civil partnership, with evidence. An alternative to this could be evidence that proves that you have been in a relationship similar to marriage or civil partnership for at least two years.
Majority of the applicants, need to satisfy these conditions, in addition:
Have abided by all the law and immigration conditions not offending any
Have contributed to the total income with your spouse of at least £18,600
Demonstrating a certain level of proficiency in English Language
Met character suitability conditions to stay in the UK
What do I need to know about the relationship requirement ?
The genuinity of your relationship with your partner is the salient condition for you to apply to extend your Spouse Visa. If you are married then in your application, you will need to include your marriage or civil partnership certificate that is recognised in the UK. If you are not married or in a civil partnership with your partner, then you will need to deliver evidence that shows that you and your partner have been in a long term relationship and intend to continue living together.
During the applicant’s stay in the UK, they are required to be living with their partner, which needs to be proved as well to apply for the extension. The correspondence addressed to the spouse and the applicant at the same address could act as evidence.
Other evidence in your support might be implored by the Home Office such as council tax bills, utility bills and bank details. The evidence exhibited needs to be the original ones, dated and on headed paper.
Universally, your residency during your time in the UK should be proven to have been with your partner and that you intend to live together with your partner in the UK, during the extension period and possibly beyond as well.
What are the financial requirements for an extension ?
Nearly all the applicants are required to provide his or her financial situation with their partner. For an extension, the basic financial requirements that the applicant must fulfill are:
A combined income of minimum £18,600 with their partner
The income threshold will increase to £22,400, if the applicant has a child
Further £2,400 rise in the threshold for each additional child of the applicant
In the mentioned cases, a child is the applicant’s offspring who is below 18 years of age and not from an EEA country, dependent on you and your partner.
The different sources for meeting the financial requirements includes:
Your earnings from employment, also your partner’s from within the country
Your earnings from self-employment, also your partner’s
Cash savings over £16,000
Maternity or paternity allowances
State and private sessions
Bereavement benefits
Income from other sources might also be accepted. In the state of confusion and uncertainty, you can seek the guidance of an immigration specialist to aid you in establishing the appropriate forms of income that can be accepted for the financial requirements.
Financial requirement exemptions
Though financial requirements are a notable part of the application for an extension, some individuals are exempted from it.
You are not required to fulfill the financial requirements, if your partner is receiving one of the following benefits:
Disability Living Allowance
Severe Disablement Allowance
Industrial Injuries Disablement benefit
Police Injury Pension
Carer’s Allowance
Attendance Allowance
Personal Independence Payment
Constance Attendance Allowance, Mobility Supplement or War Disablement Pension under War Pensions Scheme
Armed Forces Independence Payment or Guaranteed Income Payment under Armed Forces Compensation Scheme
What are the character suitability requirements ?
You need to demonstrate to have a good character for your Spouse Visa extension. Your immigration history, your behaviour and activities during your stay in the UK will be looked into by the Home Office.
You will not meet the character suitability requirement if you have broken any law or have not abided by the immigration law throughout your UK residency. Whether you owe money to the NHS or owe a litigation debt of some kind are also checked by the Home Office.
You will meet the character suitability requirement if you have behaved responsibly and lawfully.
Get in touch with our expert immigration lawyers to learn how to apply for a Spouse Visa.
What is the Spouse Visa extension English test ?
In 2017, the Home Office had made changes relating to the English language test for all the applicants. As a result, evidence of a A2 level of English in speaking and listening as set out by the Common European Framework of Reference for Languages, has to be provided by a Spouse Visa applicant.
The people who had previously not taken the English language test while applying for the original Spouse Visa were required to take it when applying for an extension.
At a number of different centres all over the UK, the test can be taken, as long as it is an approved Secure English Language Testing (SELT) Provider centre.
Your extension application will be rejected, if the test is not taken at an authorised centre for your certificate will not be recognised.
What is the application process ?
Your application needs to be sent to the Home Office, once the gathering and collection of all your evidence and documents is completed.
You will need to make the full payment after the application is completed and ready to be sent. It is crucial to make the full payment, as in failure to do so will automatically reject your application.
The process time for the application is normally up to eight weeks long. Although, through the super priority service, the time could be cut down to hear the decision quicker. For this an additional cost of £610 is required which in return processes the application within one working day.
Which documents are required ?
A number of documents need to be provided that exemplify you to be eligible for a Spouse Visa extension. The documents are required to be submitted in their original form, exceptions are made for the financial documentation.
According to your situation the information required might vary. Some of the information that you should provide are:
Personal details: It includes your biometrics and other documents such as your current passport or other valid travel ID. You should provide a copy of the photo page along with the copies of any pages that include a visa stamp, if you have any previous passports. Documents relating to your partner and any children that you are applying on behalf of should also be provided.
Financial documents: This includes the bank statements and payslips. Electronic financial documents are also accepted with the condition of having accompanied with a letter from the issuing authority.
Certified English language test certificate: Unless you fall into the exemptions category you will need to provide this to prove that you meet the language requirement.
Evidence and detail of relationship: Documents that support the genuinity of your relationship with your partner such as marriage or civil partnership certificate recognised by the UK should be provided. Demonstration should be done that proves you have been living together throughout your UK residency.
English language test exemptions
The exemption cases for not having to take the English language tests includes:
A national of a country with English as a major language
An individual who holds higher qualification or a degree from an institute recognised by the UK
A person whose age is under 18 or over 65
An individual with a physical or mental condition that prevents them from meeting the requirement
What is the Spouse Visa extension form ?
The FLR(M) is the form that you will need to fill in for applying for a Spouse Visa extension. It is an extensive application where you should provide a variety of information and documents. Even the minor mistakes might result in the refusal of the application, thus, it is all-important for you to complete the FLR(M) form completely and correctly.
In the case where the evidence submitted by you is ot enough, the Home Office may invoke a face-to-face interview that you are obliged to attend.
What is the Spouse Visa extension fee ?
The Spouse Visa extension fee is currently set to be £1,033. Although, there are other fees that need to be considered as well.
Your documents should be professionally translated, if they are in any other language other than English or Welsh. You should also sit for the English language test. These result in extra costs to be considered.
A Biometric Residence Permit (BRP), should also be provided which includes your name, date and place of birth, fingerprints and a photo of your face. It is taken as a part of your application which costs additional £19.20.
Spouse Visa extension application advice
We will do our very best to maximise your possibility of success for your Spouse Visa extension. An experienced lawyer will be assigned to assist your situation and eligibility.
Spouse Visa extension assistance
Rubens Immigration provides you with a wide range of services with our immigration specialists devoted in helping the couples to stay in the UK. An experienced lawyer well suited for your situation will be assigned who will complete your application and send it.
What can I do if I receive a rejection ?
You will be informed of the reasons behind your rejection letter, if you are to receive a rejection. To complete the shortcomings that led to the refusal and send another application that rectifies the problem is suggested to be the best action to take in such a case.
You will be able to allege the Home Office’s decision if you feel that your reasons for your refusal were not justifiable. Through an administrative review or an official appeal you might be able to do this. Whether you can go down these routes will be stated by your rejection letter.
The last resort would be to proceed with a Judicial Review. But this is a lengthy and complicated process for which one needs to be well prepared.
What are the next steps after a Spouse Visa extension ?
You will be granted a further 30 months stay in the UK, if your application has been accepted. This will conclude you with having lived in the UK for a total of five years, once that extension has expired as well.
This will make you eligible for applying Indefinite Leave to Remain status, if you intend on becoming a permanent resident of the UK. This grants you permanent residency, enabling you to live and work in the UK with no restrictions.
After living in the UK for 12 months under the Indefinite Leave to Remain, you will be eligible to apply for naturalisation to become a British citizen and can even apply for a British passport.
