The Spouse Visa extension can be applied for before your Spouse Visa is due to expire. It enables a person to live in the UK for a further 30 months.
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The Spouse Visa extension is designed for non-EEA residents who have been living in the UK under a Spouse Visa.
If you wish to stay in the UK when your initial Spouse Visa expires, you can apply for a Spouse Visa renewal or extension. The Spouse Visa extension, like the Spouse Visa, lasts for 30 months or 2.5 years. When the extension expires, you can apply for Indefinite Leave to Remain status, which can eventually lead to British citizenship.
The requirements for the extension are similar to the original Spouse Visa and include being able to prove that you have been in a genuine relationship with your spouse/partner, and intend to carry on living together in the UK.
Also, in most cases, an applicant will need to be able to show that they have a combined income with their spouse/partner of at least £18.600. Detailed below is all you need to know about the Spouse Visa extension after 2.5 years and beyond Spouse visa renewal.
The Spouse Visa requirements you need to meet to be eligible for an extension vary depending on the individual’s personal circumstances, but a universal condition is proof of the relationship between you and your partner.
Your spouse/partner needs to be a British citizen or have settled status, such as Indefinite Leave to Remain, in order for you to be eligible for the extension. It is also possible to apply to extend your time in the UK if your partner has refugee status or humanitarian protection status in the UK.
You must be able to prove that the relationship between you and your partner is genuine and recognised in the UK, whether it is a marriage or civil partnership. Alternatively, you need to show that you have been in a relationship which is akin to a marriage or civil partnership for at least two years.
In addition to the genuine relationship requirement, the majority of applicants will need to fulfil these eligibility criteria:
When you apply to extend your Spouse Visa, you will need to prove that you are in a genuine relationship. As part of this requirement, an applicant will need to include a civil partnership/marriage certificate, which is recognised in the UK, with their application. If the applicant is not in a marriage/civil partnership with their partner, they will need to provide information which shows they have been in a long-term relationship with their partner.
In addition to this, an applicant will need to provide further evidence to prove that they have been living with their partner for the duration of their residency in the UK.
If you provide correspondence addressed to the spouse and the applicant at the same address, this can be used as evidence of the relationship.
The Home Office may wish to see information such as council tax bills, utility bills and bank statements. Any evidence which you provide needs to be in its original form, dated and on headed paper.
Ultimately, you need to be able to demonstrate that you have been living with your partner during your UK residency, and that you intend to carry on living with your partner in the UK throughout the period of the extension and, potentially, beyond.
In the vast majority of cases, Spouse visa holders looking to renew their visa will need to provide information on the financial situation of themselves and their partner.
The basic financial requirements for an extension are as follows:
A child is defined as someone who is under the age of 18, not from an EEA country and is dependant on you or your partner.
The financial requirement can be met through different means, including:
Do note that income from certain other sources might be accepted. It is prudent to seek the guidance of an immigration specialist, who can help you establish which forms of income will be accepted to go towards the financial requirement.
Call us to speak with an immigration specialist who can provide you with any help, support or guidance you may need.
Whilst the financial requirements are a significant part of most Spouse visa applications, certain individuals will not need to meet them if they want to stay in the UK.
If your partner (sponsor) is in receipt of one of the following benefits, you will not need to fulfil the financial requirement:
Spouse Visa extension applicants will need to meet character suitability conditions, otherwise known as the good character requirement. The Home Office will consider your immigration history as well as your conduct whilst you have been in the UK.
If you have broken the law or fallen foul of any conditions placed on your UK residency, you will not meet the character suitability requirement. The Home Office will also take into account whether you owe money to the NHS or owe a litigation debt of some kind.
If you have lived lawfully in the UK and have behaved responsibly, generally speaking, you should meet the character suitability requirement.
The Home Office made changes in 2017 relating to the English language test for all applicants.
These changes stipulate that a Spouse Visa applicant will usually need to provide evidence of an A2 level of English in speaking and listening as set out by the Common European Framework of Reference for Languages.
Some people who did not need to take the English language test when they applied for their original Spouse Visa, may need to when applying for an extension.
The test can be taken at a number of different centres throughout the UK. Bear in mind that you will need to take the test at an approved Secure English Language Testing (SELT) Provider centre.
If you do not take the test at an accredited centre, your certificate will not be recognised and, consequently, your extension application will be rejected.
There are a number of applicants will not need to take the English language test.
This includes:
When applying for a Spouse Visa extension after 2.5 years, the form you need to complete is the FLR(M). It is an extensive application and requires you to provide a variety of information and documents. It is essential that you complete the FLR(M) form fully and correctly. Any mistake, however minor, will result in a refusal
If the Home Office deems you to have not provided sufficient evidence, they may request a face-to-face interview, which you are obligated to attend.
As alluded to, you will need to provide a number of documents which demonstrate that you are eligible for a Spouse Visa extension.
You need to provide the documents in their original form, though there is some leniency afforded with financial documentation.
Depending on your circumstances, some of the information which you will need to provide includes:
The current standard fee for Spouse Visa extension applications is £1,033. However, there are other fees which may need to be taken into consideration.
If any of your documents or information are written in any language other than English or Welsh, they will need to be professionally translated. Also, if you are required to sit the English language test, this is another cost to take into consideration.
As part of the application, a Biometric Residence Permit (BRP) will be taken, which costs an additional £19.20. The BRP collects your name, date and place of birth as well as fingerprints and a photo of your face.
Once you have gathered all your evidence and documents together and completed the FLR (M) form, your application needs to be sent to the Home Office.
It is essential that you make the full payment once the application is complete and ready to send. If you fail to make the payment in full, your application will be automatically rejected,
Standard UK spouse visa applications for renewal should take no longer than eight weeks to process. However, it is possible to receive a much quicker decision through the super priority service available for most UK visas. This service will process the renewal application within one working day and costs an additional £610.
If you receive a rejection on your spouse visa extension application, you will be informed on your rejection letter of the options available to you. If there was an obvious reason for the refusal, the best course of action is to complete and send another application which rectifies the problems.
If you believe that your application has been unfairly refused, you will usually be able to contend the Home Office’s decision. You might be able to do this through an official Spouse visa appeal or through an administrative review. Your rejection letter will state whether you can go down these routes.
The last option is to proceed with a Judicial Review, though do bear in mind that this is a lengthy and complicated process.
If your spouse visa extension application has been accepted, you will be permitted to stay in the UK for a further 30 months (or 2.5 years). This will mean that once the extension has expired, you will have lived in the UK for a total of five years.
If you intend to become permanently settled in the UK, the next step would be to apply for Indefinite Leave to Remain status. This is a form of permanent residence and enables a person to live and work in the UK without restrictions.
Once someone has been living in the UK under Indefinite Leave to Remain for 12 months, they will be eligible to apply for naturalisation and to become a British citizen. They will also become eligible to apply for a British passport.
If you need help with your Spouse Visa Extension, you can contact us at our offices in London or Blackburn, or use our office finder to find your closest branch.
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To be eligible for a UK Spouse Visa extension after 2.5 years in the UK, you must submit an FLR (M) form application. Also, you will usually need to meet the following conditions:
As part of your spouse visa extension application, you need to provide proof of your genuine relationship with your partner. If your visa extension meets these conditions, you may stay in the UK until you are eligible to apply for ILR.
Changes to the Home Office Immigration Rules mean that some people who did not originally have to meet the English Language requirement when they applied for a Spouse Visa may now have to pass an A2 level of English test if they want to extend their time in the UK. This affects any applicants whose “leave to remain as a partner” expired on or after 1st May 2017.
If your renew Spouse Visa UK application is unsuccessful for any reason, you will have 14 days from the date you received your decision letter to appeal to the First Tier Tribunal.
If you submit an appeal after this deadline of 14 days, you will need to explain why your appeal was late.
It will then be down to the First Tier Tribunal to decide if they will hear your case.
We have a number of leading immigration lawyers with specialist experience in appealing to the First Tier Tribunal. If you need help with your appeal, get in touch with us today.
If you are applying to extend your time in the UK and have any doubts about any part of the process, it is important to get expert advice. Our immigration lawyers are here to help guide and advise you.
Our services include:
Our immigration lawyers can also assist you if your UK Spouse Visa renewal is refused by the Home Office. We can guide you through the appeal process and, if you are taking your appeal to a First Tier Tribunal hearing, we can arrange for you to be represented by one of our expert immigration lawyers.
Call us or get in touch with us online for detailed legal advice or assistance.
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