The spouse visa extension is very similar to the original entry clearance application as a family member of a British national or a person present and settled in the UK. It requires largely the same documentation as the first application. The applicant will have to, once again, demonstrate that they meet the visa eligibility requirements, especially those related to the couple’s finances and relationship.
If the spouse visa application is successful, the applicant will be granted 30 months’ leave to remain in the UK. At the end of this period, it is expected that the applicant would have lawfully lived in the UK for five consecutive years, thus becoming eligible for Indefinite Leave to Remain.
To ensure the success of the application, applicants must meet all the requirements set out in the UK Immigration Rules.
General requirements
It is imperative that at the time of making an application for spouse visa extension both the applicant and their partners are aged 18 or over, are present in the UK and are living together on a permanent basis.
Relationship requirement
One of the key requirements for a spouse visa extension is that the applicant and their partner are in a “genuine and subsisting” relationship. They must be either in a legally recognised marriage or civil partnership, or have been in a relationship akin to marriage for at least two years prior to submission of the application. To prove the latter, the applicant will need to provide evidence of cohabitation, such as official correspondence addressed to the applicant and their partner.
Financial maintenance requirement
To satisfy the financial requirement when applying for a spouse visa extension, you and your spouse or partner will need to have a combined annual income of at least £18,600 or savings of at least £62,500. These requirements increase if non-British or non-settled children are involved.
There are a number of sources and combination of sources that can satisfy the financial requirement, so it is advisable to seek legal advice if the applicant does not meet the requirements via salary or savings.
English language requirement
Spouse visa extension applicants have to show that they meet a standard of A2 level in English speaking and listening under the Common European Framework of Reference for Languages. There are different ways of meeting this requirement, such as being a national of a majority English-speaking country, taking an approved English test, or having studied for a degree in English.
How do I apply for a UK spouse visa extension?
You should apply online for your spouse visa extension before your existing UK spouse visa expires. Prior to submitting you application, please ensure that you have all the required information and evidence to hand.
How Gherson can assist
Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on Twitter, Facebook, or LinkedIn to stay-up-to-date.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
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