If you have lived in the United Kingdom on a spouse visa for the required amount of time (usually 2.5 years) and your visa is about to expire, you hav
If you have lived in the United Kingdom on a spouse visa for the required amount of time (usually 2.5 years) and your visa is about to expire, you have the option to apply to have your spouse visa extended for another 2.5 years. If your application is approved, you will be able to remain in the country until your visa expires. It is essential that prospective candidates are aware that they must submit an application for a spouse visa extension or renewal before the validity of their existing visa runs out. The application for a spouse visa extension or renewal must be submitted no earlier than 28 days before the day when the current visa is set to expire. It is essential that you do not wait until the Spouse Visa has expired before applying for an extension, since doing so may result in being considered an overstayer.
Those who are qualified to stay in the UK for an additional 30 months can do so with the help of a UK Spouse Visa extension or renewal (2.5 years). They will be able to submit an application for ILR once this time period has passed since they will have spent a total of 5 years in the UK on a Spouse Visa.
Spouse Visa Extension Requirements 2023
The following are some of the conditions that must be met in order to qualify for an extension of a spouse visa:
- Maintain an honest connection with your husband or wife/partner at all times (the relationship requirements)
- Attain the necessary level of financial success
- To fulfil the criteria for the English language.
- Not having broken any laws or been in violation of any immigration requirements
- Maintain a good reputation.
Spouse Visa extension relationship criteria
In order to be eligible for an extension, applicants have to demonstrate that they satisfy the relationship criteria for the Spouse Visa.
These conditions are as follows:
- You are required to still be in the same legally permissible and genuine relationship (i.e., with the same person) that you were in when you were initially awarded your Spouse Visa.
- Your partner or spouse must be a British national, a person who has settled in the UK (i.e. EU Pre-Settled or Settled Status, or Indefinite Leave to Remain), a person who has received refugee status or humanitarian protection in the UK, or a person who has been granted indefinite leave to remain in the UK.
- You and your partner must either still be married to each other, be in a civil partnership together, or have been in a committed relationship for at least two years.
Applicants for a Spouse Visa Extension need to demonstrate that they still fulfil the financial conditions for a Spouse Visa, which are as follows:
Have a combined income of at least £18,600 (with their British or settled partner) in order to qualify for settlement. The applicant is required to have an additional joint income of £3,800 for the first kid and £2,400 for each additional child that they are responsible for. A kid is considered to be a dependent if they are under the age of 18 and are economically dependent on the person applying for the visa.
It is essential to keep in mind that the monetary prerequisite can be satisfied in a variety of ways, such as through income from a job or self-employment, cash reserves of at least £16,000, pensions, or income from sources other than work (e.g. rental property income).
If your spouse receives benefits like the Disability Living Allowance or the Carer’s Allowance, you may be able to file a successful application for an extension of your Spouse Visa, and you may choose to reside in the UK after 5 years if you do so. This may be the case if certain conditions are met.
In addition, if you do not fulfil all of the standards but there are extenuating circumstances, you might be able to apply based on the human rights you have been denied. This might include the following if you can prove it:
If you and your spouse were forced to live together anywhere other than the United Kingdom, you would face considerable challenges, many of which are insurmountable.
If your kid in the United Kingdom holds British citizenship or has been a resident of the country for at least seven years, it is irrational to expect them to leave the United Kingdom.
English language requirements
The prerequisite for proficiency in the English language can primarily be met in one of three ways:
- Be a native of one of the English-speaking nations that are permitted to participate; these nations are Antigua and Barbuda, Australia, the Bahamas, Barbados, Belize, Dominica, Grenada, Guyana, Ireland, Jamaica, Malta, New Zealand, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Trinidad and Tobago, and the United States of America.
- Have a degree or any other form of academic certification that was presented in English throughout your studies.
- Take and successfully pass a recognised English language examination. When attempting to renew your visa, it is essential to keep in mind that if you have already passed a CEFR level at the A1 level, you will now be required to pass at level A2 in speaking and listening.
Good character requirements
In order to satisfy the condition of having good character, the Home Office will want to be certain that there are not any reasons to deny your application, such as the following:
- Infractions of the regulations governing immigration
- Convictions for various offences
- There is evidence of both dishonesty and deceit.
- Involvement in or involvement with activities that are detrimental to the general welfare of society, such as genocide, war crimes, crimes against humanity, or acts of terrorism, for example.
Spouse Visa extension paperwork checklist
You will be expected to submit a number of documents to support your application when you apply for an extension of your spouse’s visa. These documents include (please note that this list of documents is not exhaustive as they will be based on individual circumstances), but are not limited to the following:
- Documentation attesting to your identification, such as a passport in good standing
- Proof that your relationship is still active, such as a marriage certificate or evidence that you have lived with your partner or spouse within the past two and a half years, such as joint bills, rental agreements, or other similar documents.
- Evidence demonstrating your partner’s right to live and work in the United Kingdom, such as evidence of indefinite leave to stay or British citizenship
- Please provide documentation that you have met the financial criteria, such as pay stubs or bank records showing that you have sufficient income and savings.
- If necessary, documentation demonstrating your command of the English language, such as a degree diploma or an English language test certificate demonstrating proficiency at the CEFR level A2
- You have the option of either uploading your papers with your online application or bringing them with you to the biometric session you schedule with UKVACS. If you hand over your paperwork to the UKVACS, the staff there will scan and upload it before handing back the originals to you immediately thereafter.
Spouse visa extension expenses
The price of £1,048 must be paid by each applicant in order to renew a Spouse Visa for the United Kingdom.
Other expenses include the Health Surcharge, which is currently set at £624 per person per year (or £470 for individuals under the age of 18).
How long does it take to get an extension on a spouse visa?
The processing time for a Spouse Visa renewal might go up to 8 weeks. If you need a quicker decision when extending a spouse visa, you may be able to pay an additional £800 to use the super-priority service for a decision by the end of the next working day or £500 to use the priority service for a decision within 5 working days. Both of these services require that you pay an additional fee. If you need a decision as quickly as possible, you should use the super-priority service.
Refusal of an extension of the spouse visa after 2.5 years
Your application to renew your Spouse Visa may be denied for a variety of reasons, including the following:
- Do not fulfil the requirement of having an English language exam.
- Do not reach the required level for minimum income
- You are unable to provide evidence that you are still in a real and active relationship.
- Concerns have been raised by the Home Office regarding your character or your history of criminal convictions.
- You have made some errors in the information that you supplied in your application.
- Your application does not have all of the necessary supporting information because you have not given it.
- You will be issued a rejection letter for your spouse visa extension if your request for an extension of your spouse visa is denied, and you will be compelled to depart the United Kingdom within the allotted amount of time.
Checkout here Top 10 Immigration lawyers in UK